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Contract 44622
! ! eny bowma I A ! a4aL4---- FoRTWORTH CIN SECRETARY D.O.E. FILE CONTRACTOR'S BONDING CO. PROJECT MANUAL CONSTRUCTION'S COPY FOR CLIENT 06PARTMENT THE CONSTRUCTION OF Water and Sanitary Sewer w Replacement Contract 2010 STM-D Cardiff Avenue Topper Street Walraven Circle Tasman Street Wallingford Drive City Project Na 01487 DOE 6574 Betsy Price Tom Higgins Mayor City Manager S. Frank Crumb,P.E. Director, Water Department Prepares for �A The City of Fort Worth OF i� Water Department n, 2013 ......... sr, � .Ht]SSEINY lN�MMON.e.�.Nr PREPARED BY: 65012 STV, Inc. 7557 Rambler Rd Suite 1050 Dallas,Texas 75231 Firm Registration Na 204 STV OFRECORD CITY SECRETARY FT.WORTH,TX RECEIVED JUL 151013 00 00 00- 1 TABLE OF CONTENTS Page l of 3 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00 - General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 00 11 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 0045 11 Bidders Prequalifications 15 0045 12 Prequalification Statement 16 0045 13 Bidder Prequalification Application 17 004526 Contractor Compliance with Workers' Compensation Law 18 00 45 40 Minority Business Enterprise Goal 19 00 52 43 Agreement 20 0061 13 Performance Bond 21 0061 14 Payment Bond 22 0061 19 Maintenance Bond 23 0061 25 Certificate of Insurance 24 00 72 00 General Conditions 25 00 73 00 Supplementary Conditions 26 ---------- Addendums 27 Division 01 - General Requirements 28 01 1100 Summary of Work 29 01 2500 Substitution Procedures 30 01 31 19 Preconstruction Meeting 31 01 3120 Project Meetings 32 01 32 16 Construction Progress Schedule 33 01 3233 Preconstruction Video 34 01 3300 Submittals 35 01 35 13 Special Project Procedures 36 01 4523 Testing and Inspection Services 37 01 5000 Temporary Facilities and Controls 38 01 5526 Street Use Permit and Modifications to Traffic Control 39 01 57 13 Storm Water Pollution Prevention Plan ' 40 01 58 13 Temporary Project Signage 41 01 6000 Product Requirements 42 01 6600 Product Storage and Handling Requirements 43 01 71 23 Construction Staking 44 01 7423 Cleaning 45 01 77 19 Closeout Requirements 46 01 7823 Operation and Maintenance Data 47 01 7839 Project Record Documents 48 49 Division 02 - Existing Conditions CITY OF FORT WORTH Water and Sanitat'v Sewer Replacement Contract 2010 STN!-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Citv Pro.ject No.01487 Revised November 9,201 1 000000-2 TABLE OF CONTENTS Page 2 of 3 1 0241 14 Utility Removal/Abandonment 2 0241 15 Paving Removal 3 4 Division 03 - Concrete 5 03 30 00 Cast-In-Place Concrete 6 0334 16 Concrete Base Material for Trench Repair 7 8 Division 31 - Earthwork 9 31 1000 Site Clearing 10 31 23 16 Unclassified Excavation 11 31 2500 Erosion and Sediment Control 12 13 Division 32 - Exterior Improvements 14 3201 17 Permanent Asphalt Paving Repair 15 3201 18 Temporary Asphalt Paving Repair 16 3201 29 Concrete Paving Repair 17 32 11 23 Flexible Base Courses 18 32 11 29 Lime Treated Base Courses 19 32 12 16 Asphalt Paving 20 32 13 13 Concrete Paving 21 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 22 32 1373 Concrete Paving Joint Sealants 23 32 16 13 Concrete Curb and Gutters and Valley Gutters 24 3291 19 Topsoil Placement and Finishing of Parkways 25 3292 13 Hydro-Mulching, Seeding, and Sodding 26 32 93 43 Trees and Shrubs 27 28 Division 33 - Utilities 29 3301 30 Sewer and Manhole Testing 30 33 01 31 Closed Circuit Television (CCTV) Inspection 31 3303 10 Bypass Pumping of Existing Sewer Systems 32 33 04 30 Temporary Water Services 33 33 04 40 Cleaning and Acceptance Testing of Water Mains 34 33 04 50 Cleaning of Sewer Mains ' 35 3305 10 Utility Trench Excavation,Embedment, and Backfill 36 3305 12 Water Line Lowering 37 3305 13 Frame, Cover and Grade Rings 38 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 39 3305 17 Concrete Collars 40 33 05 22 Steel Casing Pipe 41 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 42 33 05 26 Utility Markers/Locators 43 33 05 30 Exploratory Excavation for Existing Utilities 44 33 11 10 Ductile Iron Pipe 45 33 11 11 Ductile Iron Fittings 46 33 11 12 Polyvinyl Chloride (PVC)Pressure Pipe 47 33 12 10 Water Services 1-inch to 2-inch 48 33 1220 Resilient Seated Gate Valve 49 33 1225 Connection to Existing Water Mains 50 33 1240 Dry-Barrel Fire Hydrants CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPNCIF(CATION DOCUMENTS Citv Project No.01487 Revised November 9,2011 f 000000-3 TABLE OF CONTENTS Page 3 of 3 l 33 1250 Water Sample Stations 2 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 3 3331 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 4 3331 23 Sanitary Sewer Pipe Enlargement 5 3331 50 Sanitary Sewer Service Connections and Service Line 6 3339 10 Cast-in-Place Concrete Manholes 7 33 39 20 Precast Concrete Manholes 8 9 Division 34- Transportation 10 3471 13 Traffic Control 11 12 Appendix 13 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 14 GC-6.07 Wage Rates 15 GC-6.09 Permits and Utilities 16 GR-01 60 00 Product Requirements 17 18 END OF SECTION CITY OF FORT WORTH Water and Saniiary Sewer Replacement Contract 1010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 i Revised November 9,2011 M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo m COUNCIL ACTION: Approved on 6/4/2013 -Ordinance No. 20776-06-2013 8r 20777-06-2013 DATE: 6/4/2013 REFERENCE NO.: **C-26293 LOG NAME: 6010STMD - CONATSER CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of $674,962.00 for Water and Sanitary Sewer Replacement Contract 2010, STM-D on Cardiff Avenue, Tasman Street, Topper Street, Wallingford Drive and Walraven Circle, Provide for Project Costs and Contingencies for a Project Total in the Amount of$746,711.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer in the amount of$746,711.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund in the amount of$290,216.00 and the Water Capital Projects Fund in the amount of$456,495.00; 2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of$290,216.00 and the Water Capital Projects Fund in the amount of$456,495.00 from available funds; and 3. Authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $674,962.00 for Water and Sanitary Sewer Replacement Contract 2010, STM-D. DISCUSSION: On April 5, 2011, (M&C C-24823) the City Council authorized an Engineering Agreement with STV Incorporated for preparation of plans and specifications for Water and Sanitary Sewer Replacement Contract 2010 STM-D, for replacement of deteriorated water and/or sanitary sewer mains. • This Mayor and Council Communication is to authorize a construction contract for the replacement of the deteriorated water and/or sewer mains as indicated on the following streets: Street From To Scope of Work Cardiff Avenue Kingswood Drive Wallingford Drive water/sewer Tasman Street Melody Street Hemphill Street water/sewer Topper Street Randell Drive Crowley Road water/sewer Wallingford Drive Cardiff Avenue Chedlea Avenue water/sewer Walraven Circle South Hulen Street Wed mont Circle water The project was advertised for bid on January 24, 2013 and January 31, 2013 in the Fort Worth Star- Telegram. On February 14, 2013, the following bids were received: Bidder Amount Time of Completion Conatser Construction TX, LP $ 674,962.00 210 Calendar Days Woody Contractors, Inc. $ 689,895.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=18427&councildate=6/4/2013 6/19/2013 M&C Review Page 2 of 3 Tejas Commercial Construction LLC $ 696,600.00 Jackson Construction, Ltd $ 710,239.00 Burnsco Construc tion, Inc. $ 740,628.50 Ark Contracting Services LLC $ 832,350.00 Ray-Mar Construction $ 896,153.02 Utilitex Construction, LLP $1,151,590.00 Atkins Brothers Equipment Company, Inc. $1,274,455.00 In addition to the contract cost, $38,000.00 (water: $28,000.00, sewer: $10,000.00) is required for construction staking, inspection and material testing and $33,749.00 (water: $20,405.00, sewer: $13,344.00) is provided for project contingencies. M/WBE Office: Conatser Construction TX, LP, is in compliance with the City's BDE Ordinance by committing to 15 percent MBE participation on this project. The City's MBE goal on this project is 15 percent. The project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1_Q11 PE45 538040 0609020 $456.495.00 P253 476045 6061701487ZZ $456.495.00 1) PE45 538040 0709020 $290,216.00 12 P258 476045 7061701487ZZ $290.216.00 3) P253 541200 606170148783 $408.090.00 2) P253 531350 606170148752 $6,000.00 3) P258 541200 706170148783 $266,872.00 2) P253 531350 606170148784 $3,000.00 2) P253 531350 606170148785 $10.000.00 2) P253 531200 606170148784 $5,000.00 2) P253 541200 606170148783 $428,495.00 2) P253 511010 606170148780 $4,000.00 2) P258 531350 706170148752 $Z000.00 2) P258 531200 706170148784 $2,000.00 2) P258 531350 706170148785 $4,000.00 2) P258 531350 706170148780 $1,000.00 2) P258 541200 706170148783 $280,216.00 2) P258 531350 706170148784 $1,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Roberto Sauceda (2387) http://apps.cfwnet.org/council_packet/mc—review.asp?ID=1 8427&councildate=6/4/2013 6/19/2013 1vl&U Review Page 3 of 3 ATTACHMENTS 6010STMD-CONATSER MAP 01.pdf 6010STMD-CONATSER MAP 02.pdf 6010STMD-CONATSER MAP 03.pdf 6010STMD-CONATSER MAP 04.pdf 6010STMD-CONATSER P253 AO13.doc 6010STMD-CONATSER P258 AO13.doc http://apps.cfwnet.org/council_packet/mc—review.asp?ID=t 8427&councildate=6/4/2013 6/19/2013 NOTICE TO BIDDERS Sealed proposals for the following: Water& Sanitary Sewer Replacement Contract 2010 STM-D CARDIFF AVENUE, TASMAN STREET, TOPPER STREET, WALLINGFORD DRIVE, & WALRAVEN CIRCLE D.Q.E. No. 6574, City Project No. 01487 WATER PROJECT NO. . P253-606170148731 SEWER PROJECT NO. P258-706170148731 Addressed to the CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 will be received at the Purchasing Office until 1:30 PM, February 14, 2013 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Contract documents, including plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth's Purchasing Division website at httpJ/www.fodmrttmov.org/purchasing/and clicking on the project link. This link will take you to the advertised project folders on the City's Buzzsaw site, where the plans and contract documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Hard copies of plans and contract documents are available at the office of STV INCORPORATED 7557 RAMBLER ROAD, SUITE1050, DALLAS, TEXAS 75231, at a cost of $100 per set (non-refundable). Starting on January 28, 2013. The major work will consist of the (approximate) following: Unit 1 4,743 LF 8" Water Line Unit II 2,574 LF 8" Sanitary Sewer Line Unit 11 16 Sanitary Sewer Manholes Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications. Bid security is required in accordance with the Special Instruction to Bidders. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initiating the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. All addenda will be made available on-line with the contract documents. Contractors and/or suppliers are requested to register as plan holders on-line (on Buzzsaw site) in order to receive notifications regarding the issuance of addenda. It shall be the bidding contractor's sole responsibility to verify they have received and considered all addenda, prior to submitting a bid. For additional information, please contact DAVID HOSSEINY, P.E. with STV INCORPORATED. at 1(214)221- 4477 or by E-mail DAVID.HOSSEINYOSTVINC.COM and/or ROBERTO SAUCEDA Project Manager, WATER Department, at (817) 392-2387 or by E-mail ROBERTO.SAUCEDA@ FORTWORTHTEXAS.GOV. Advertising Dates: JAN. 24, 2013 JAN. 31, 2013 Rev 2-2-10_TPW NB-1 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms I 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 7 00-GENERAL CONDITIONS. ! O 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. 38 39 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 40 seven(7)calendar days prior to Bid opening, the documentation identified in Section 00 41 45 11,BIDDERS PREQUALIFICATIONS. 42 43 3.2.1. Submission of and/or questions related to prequalification should be addressed to 44 the City contact as provided in Paragraph 6.1. 45 46 1 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 2 bidder(s) for a project to submit such additional information as the City, in its sole 3 discretion may require, including but not limited to manpower and equipment records, 4 information about key personnel to be assigned to the project, and construction schedule, 5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 6 deliver a quality product and successfully complete projects for the amount bid within 7 the stipulated time frame. Based upon the City's assessment of the submitted 8 information, a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information, if requested, may be grounds 10 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 11 notified in writing of a recommendation to the City Council. 12 13 3.4.In addition to prequalification, additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid, each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents (including "technical data" referred to in 22 Paragraph 4.2. below). No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 27 site conditions that may affect cost, progress, performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of the Work. 32 33 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 34 contiguous to the Site and all drawings of physical conditions relating to existing 35 surface or subsurface structures at the Site(except Underground Facilities)that 36 have been identified in the Contract Documents as containing reliable "technical 37 data" and(ii) reports and drawings of Hazardous Environmental Conditions, if any, 38 at the Site that have been identified in the Contract Documents as containing 39 reliable "technical data." 40 41 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 42 the information which the City will furnish. All additional information and data 43 which the City will supply after promulgation of the formal Contract Documents 44 shall be issued in the form of written addenda and shall become part of the Contract 45 Documents just as though such addenda were actually written into the original 46 Contract Documents. No information given by the City other than that contained in 47 the Contract Documents and officially promulgated addenda thereto, shall be 48 binding upon the City. 49 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Perform independent research, investigations,tests, borings, and such other means 2 as may be necessary to gain a complete knowledge of the conditions which will be 3 encountered during the construction of the project. On request, City may provide 4 each Bidder access to the site to conduct such examinations, investigations, 5 explorations, tests and studies as each Bidder deems necessary for submission of a A 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations, investigations, tests and studies. 8 9 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 10 cost of doing the Work, time required for its completion, and obtain all information 11 required to make a proposal. Bidders shall rely exclusively and solely upon their 12 own estimates, investigation, research, tests, explorations, and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation, examinations and tests herein required. Claims 16 for additional compensation due to variations between conditions actually 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. 19 20 4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents. The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. A 25 26 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 27 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation of the Contract Documents. 30 The logs of Soil Borings, if any, on the plans are for general information only. 31 Neither the City nor the Engineer guarantee that the data shown is representative of ' 32 conditions which actually exist. 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures (except Underground Facilities) which are at or contiguous to 36 the site that have been utilized by City in preparation of the Contract Documents. 37 A 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 39 on request. Those reports and drawings may not be part of the Contract 40 Documents, but the "technical data" contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any "technical data" or 44 any other data, interpretations, opinions or information. A 45 A CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 A Revised July 1,2011 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 2 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means, methods,techniques, sequences or 5 procedures of construction(if any)that may be shown or indicated or expressly required 6 by the Contract Documents, (iii)that Bidder has given City written notice of all 7 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 9 etc.,have not been resolved through the interpretations by City as described in 10 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos,Polychlorinated 15 biphenyls (PCBs),Petroleum, Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 17 Documents. 18 19 5. Availability of Lands for Work,Etc. 20 21 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities,construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way,easements, and/or permits are not obtained, the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way,easements, and/or permits, and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 42 43 44 45 46 47 48 49 50 51 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6. Interpretations and Addenda 2 3 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 4 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 5 received after this day may not be responded to.Interpretations or clarifications 6 considered necessary by City in response to such questions will be issued by Addenda 7 delivered to all parties recorded by City as having received the Bidding Documents. 8 Only questions answered by formal written Addenda will be binding. Oral and other 9 interpretations or clarifications will be without legal effect. 10 11 Address questions to: 12 13 City of Fort Worth,Water Department 14 311 W. 10`"St. 15 Fort Worth,TX 76102 16 Attn: Robert Sauceda,Water Department 17 Fax: (817)392-8195 18 Email: Robert.Sauceda@FortWorthTexas.gov 19 Phone: (817) 392-2387 20 21 22 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 23 City. 24 25 6.3.Addenda or clarifications may be posted via Buzzsaw. 26 27 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 28 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 29 Project. Bidders are encouraged to attend and participate in the conference. City will 30 transmit to all prospective Bidders of record such Addenda as City considers necessary _ 31 in response to questions arising at the conference. Oral statements may not be relied 32 upon and will not be binding or legally effective. 33 34 7. Bid Security 35 36 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 37 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 38 the requirements of Paragraphs 5.01 of the General Conditions. 39 40 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award _. 41 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 42 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 43 default, rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 44 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 45 other Bidders whom City believes to have a reasonable chance of receiving the award 46 will be retained by City until final contract execution. 47 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 7 partner, whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29 Texas shall be provided in accordance with Section 00 43 37 —Vendor Compliance 30 to State Law Non Resident Bidder. 31 32 13. Submission of Bids 33 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 34 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 35 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 36 marked with the City Project Number, Project title, the name and address of Bidder, and 37 accompanied by the Bid security and other required documents. If the Bid is sent through the 38 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope 39 with the notation "BID ENCLOSED" on the face of it. 40 41 14. Modification and Withdrawal of Bids 42 43 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 44 withdrawn prior to the time set for bid opening. A request for withdrawal must be 45 made in writing by an appropriate document duly executed in the manner that a Bid 46 must be executed and delivered to the place where Bids are to be submitted at any 47 time prior to the opening of Bids. After all Bids not requested for withdrawal are 48 opened and publicly read aloud, the Bids for which a withdrawal request has been 49 properly filed may, at the option of the City, be returned unopened. 50 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 ' Revised July 1,2011 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates(if any) will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may,at = 12 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 17 to reject any or all nonconforming,nonresponsive, unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder, whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves 22 the right to waive informalities not involving price,contract time or changes in the 23 Work with the Successful Bidder. Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders, Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 38 other persons and organizations proposed for those portions of the Work as to which 39 the identity of Subcontractors, Suppliers, and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs, maintenance requirements,performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility,qualifications, and financial 48 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 IRevised July 1,2011 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35% of the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded, City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds,Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 3 1 SECTION 00 3513 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror, or respondent(hereinafter also referred to as "you') to a City of Fort Worth 5 (also referred to as "City") procurement are required to complete Conflict of Interest 6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CI().pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pof 14 15 Q CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 Q CIS Form is on File with City Secretary -• 20 21 [77] CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 By: 28 Company (Please Print) P 29 30 Signature: 31 Address 32 33 Title: 34 City/State/Zip (Please Print) 35 Y 36 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 ' Revised July 1,2011 003513-2 CONFLICT OF INTEREST AFFIDAVIT Page 2 of 3 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local govenanaci Lal entity nw giw II IA t>rareb C111MVw maar b 110 ttrn'b nlfl.10f.M tA-FAMma$nutmu. OFFICE113EONY T66 quesiannadw is being lied in accordanceaft C1wp1a 178.Local GoVERvitatt Code o.t wesx� by a person vdto has s business relaiiatstip as ddrted by Sen�ort Iib 8010 aivelt a Lod governniarikel erukp and fte person meels requiemeras under S cion'17GAMO). Byatrf6qursioermtiena6tbeSW=l eche df febealgorermesidd erliy noUaler Fran M►e 7111 business day afar Mine dale fte person beeowrs aware d ftcls ftA regtie dw slalement b be riled. See Beckon 178.088.Lord Govisi est Code- A person careries an offense if dw person furoeitgly va da es Sedan TMAK local Govensadt Code An o fense utdsNis secfionn is a Clum C rienl+ es a u: 1 Ilan ofpsson vslto has a business relabomhip vii lad grrecadsi malft Z ❑ 0u,**sbusiywrare*Mgm>4itiebapreufieaslyoel ie (The tan requires Mint you tie at apdasid tdh fre apprugnrtAe Luing adhor"not Lear Mugu fine Ah bimu s day ala rine die ria asst 0 fffed gasotnaie heoirnes intcorrplefe a ataonaiale-) s Mauredbneigwsr�atlieer�idrtiMlertos+eunrrtr�tsltiva�rt� FU-anedaiita 71as sedoru(Am 3 iuudtnufrrp sd*m b &8.C i DI na st be aarplemad Lor each tilts tido anon Ne Lier has an slnyaert or chs business rdisebin as ddnad by Seuisu 1711=1(1-*trod Goomenent Cade. Altaet addbrnr# pages to M6 Fe 00 as necessay. 1l Is Me Lod goreria N officer n;ened in lois sacra teoeui4 or lirly b tease faualik scum anter tlian anresanent nuume Was rte ger of be que5fixosa re? lFes �Iib B_ k Mui ger of Mse giesfontii.e esoeiig vOdy fan naoeie dralk��alis frit eaurskteuut ino¢atG.iaatt ar at rte dredrott d be flew foreatinad agerrained i fes secna AM Mae sasalic mosire is not received Lam Mte lad oYes N. C_ Is de lis of Nis quesiiwwaioa e.likiled by a mrI I or ais bre erdiy tx1t reseed to ihmh Ne lod go.eri art drs saves as>A off m ur d , s hnik a■awe 14 d M paced Q ROW2 Q>S [D Hb Q Describe ewer eriViopaet or business ruekriOA 4 =6 de bol gov ertwet olcw nosed in lis se"t. S"10111 at puuw etwtg buaatew tun re gsrerweds erg DOME AOopled a„ 1 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 003513-3 CONFLICT OF INTEREST AFFIDAVIT f Page 3 of 3 LOCAL GOVERNMENT OFFICER FORM CIS CONFLICTS DISCLOSURE STATEMENT {frf oructonsfarooap, - 0andelft2f%ft-aWproriddmtheeeltpaW) nft gnsbe tow Nnecdf essps no"b an bw by Na tet.N u/,n gdfr&moo& CFFWEUW0WY Ttds is ow raaece to the appmpdde local govemererttat enew d%a am kmau ft bow tovareI offim hasbecarfeawwec1 acls*mAreqie*waioerbeftffsstaewak oxer waw in ama dmbm wltf chapter 176.Locai C%varm otCade. 1 ffane of LwW Cvwm faeent Officer Of%.Ndd Kae of person desatbed by Sections 17 AM4 acct 111EMX,Local GwrormneM Code Desai b=of ie ffabaae acct ceded of spisyeerd or rdbfar i6ie9s retafroar6bip persona meed in dam 1 5 Lbt g0s ar Wkd by tie focal preeeeet efFmor cera/afq 9-olll numb-.t3ii0 WEs dwarEn i by Section 176JMUW1.if a r*q a&rate of the gft accepted lace psi mmmd is is 3 ceded SM dmdmg that 12-eonth I P iod descried by Sechm 170.1f17{ Date GiAa=pld 0es**=a9 * DartGitAc=*&d Daae4-- d4 Dsrd Gift/lmapfei Dasaipio d ifeR tai addba d ba as nevowaro f: MTOAM f tifsr rerrfr petal!a pft�aq asst fe dee lee cera acct t adt+aeledgr N&I*dt+t Wa appus to a CE ft me~las dAnN gr S=Mcn 17li.tet(2J,tory r�rsrar,orae►of rrs No"Nomawt dem 1.M0 achwams r trs arts�teraent • ®rets ae t"Mft pert dnMf!by*erre fAiMX*tars tlarmteflt OXW ■ S"Woe of Lir GiarrsaOM 00cer testae XOTMT *M%W a SEAL"OW ae�7rawiha�a�Y�reao4bt•r!e fhb no dEv ■ d m .asasy�ri��seees�lYmfaafa:�t�eoa dare�a ad�Yrtyeeh�e Pr4dw�dAmaOwbrYerb am 71♦!of COP7Q a/•fMLLatA,fP rprlt", ASIplea OWSMOW ■ 1 2 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 004100 BID FORM Page 1 of 3 ■ 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 2010 STM-D Cardiff Ave.from Kingswood Dr.to Wallingford Dr. Tasman St.from kleinert St.to Village Pkwy. Topper St.from Crowley Rd.to Randell Ave. Wallingford Dr.from Cardiff Ave.to Chedlea Ave. Walraven Cir.From Hulen St.to Wedgmont Cir. City Project No.: 01487 Units/Sections: Water Improvements Sanitary Sewer Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1.In submitting this Bid,Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3.Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group,association,organization,or corporation. 2.4.Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5.Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6.Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. 'corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. d. 'coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH Water and SanitarySewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS p Fonn Revised 20110627 City Project No.01487 004100 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Improvements b.Sanitary Sewer Improvements 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 240 calender days after the date when 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 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 d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) L Prequalification Statement,Section 00 45 12 g.Conflict of Interest Affidavit,Section 00 35 13 h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification b multiplyingthe unit bid rices for each a Item b the respective estimated quantities shown in this proposal Y P � PY� Y P 9 P P and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Water and Sanitary Sewer Replacement Contract 2010 STM-D Form Revised 20110627 City Project No.01487 6.3 Total Bid AJ, 9fya 0 7. Bid Submittal tt,, This Bid is submitted on (�� — 1�7 3 by the entity named below. Respa /submin Receipt is acknowledged nl the Initial fullowin Addenda: By Addendurn Nu. 1:✓tirgnature) Addendum No.2: Addendum No.3 Tnrr'gQ Addendum No.4: (Printed Name) ride. pres),aeri+ Company:Cofw CDO StrL t al0,1 1/s I L Corporate Seal: Address: P.O. 154 L4& Fb4'�6 LWO44;Ai ,'T')C 7Ct 119 State of Incorporation: —02)mit S Finail 1 r�y ��Gl t$�1'•lam+✓3'1 Phone: (Vgl�> 53y - I '743 END OF.SECTION r y i� lI11 fikl N.k 111 a 111"R0,0%%TNI,NON;Yi, H, MIN Try vuJ�r: 'd atCr and�anitai :il'N rr keplacement(uldiaa'Olu 11\I U rm k:'.,...,.In,, SECTION 00 42 43 UNIT PRICE BID (Nater Line) Bidder's Application Section A Water Improl,ement Bidder'sProposai I1041 Item C 1'M5 Speufication Unit of No No. Description Bid Quantity l'nit Price Bid Value Section No. Measure 1 0241.1302 Remove 6"Water Valve&salvage 02 41 14 EA 5 $100.00 550000 2 0241.1303 Remove 8"Water Valve&Salvage 0241 14 EA 4 $12500 S500.00 3 0241 1300 Remove Ex.Concrete Curb and Gutter 0241 15 LF 550 $6.00 11.300.00 4 0241.1510 Remove&Salvage Fire Hydrant 0241 14 EA 6 $200.00 SI.200.00 5 0241.1512 Salvage 1"Water Meter 0241 14 EA 2 $3000 $60.00 6 0241.1511 Salvage 518"Water Meter 0241 14 EA 103 $2500 $2,575.00 7 311.0251 8'DIP Water 3311 10 LF 39 $42.00 S1,639.00 8 33110261 8-PVC Water Pipe 331112 LF 4,743 $29.00 $137,547.00 9 3312.0001 Fire Hydrant(3'-6"bury) 33 1240 EA 6 $2,500.00 SI 5,n1x1.0o 10 3312.3003 8"Gate Valve 331220 EA 10 $1,00000 SIo,000.00 11 3311.0001 Ductile Iron Water Fittings w/Restraint 33 11 11 TON 8 $3,000.00 $24,1700.510 12 3312.2003 1"Water Service 33 12 10 EA 105 950 $99,750.00 13 3125 0101 Storm Water Pollution Prevention>1 AC SW3P Install 31 25 00 LS 1 $500.00 $500.00 14 3304.010! Fumish&Install 2-*pipe&fitting for Temporary Water Services 33 04;0 LS 1 $10,000.00 SI 0,000,00 15 3312.2001 1'Water Service,Meter Relocation 33 12 10 EA 105 $225.00 523,625.00 16 1201.wuo Temporary Asphalt Paving Repair 6'flex base&2'HMAC 3201 18 LF 5,900 $900 553,100.00 17 3201.0611 6'Conc Pvtnt Repair per fig 2000-2 32 01 29 SY 20 $40.00 S800.00 18 3213.0401 6"Concrete Driveway 32 13 20 SF 150 $8.00 11,200.00 19 3213.0303 6"Concrete Sidewalk 321320 SF 110 $6.00 5660.00 20 3305.0109 Trench Safety>5' 33 05 10 LF 4,600 $0.10 $460.00 21 3471.0001 Traffic Control 34 71 13 MO 4 $50000 S2,000.00 22 3312.3002 6"Gate Valve 33 12 20 EA 6 $85000 1 55,10000 23 3292.0100 Block Sod Placement 32 92 13 SY 1 525 $300 $1.57500 24 Water Connection 4"to 12" EA 1 13 $1,000.00 513,000.00 Unit 1-Water Improvements Sub Total 5408,090.00 a 1 /IIY rf t+rµl N+M119 91 t♦rlsw,ll t`:STkt ,a<v tiYP+.tFti \rlt4N NX I kit M, ti�14CT;11141.1a111Ia1 :il.•n<'r lf.�pl;d0.•Clllent 1+r14tBac1_'t"r{u X 111 1) t••n:x, .., '+ �,,.a' l tl�Iran...+v., ++r+� rr x1 57 a 1 i{In Pd956't_iS VE Yrp .. SECTION 00 42 43 11ROPoSAI FORM UNIT PRICE BID (Sewer Line) Bidder's Application i Section B Sanitary Sewcr Iniprovemcnt Biddeis Propnsal ni,lint lion Specification I.nluf No CPMS No. Description Section No. Measure Bid Quantity l.ml Price Bid Value 1 0241 2201 Remove 4'Sewer Manhole 0241 14 EA 10 $300.00 $3,000.00 2 3331 4115 8"Sewer Pipe PVC PIPE ALL DEPTH 3331 20 LF 2,490 $30.00 $74,700 00 3 3331 4119 8'Sewer Pipe DIP ALL DEPTH 33 11 10 LF 50 $45.00 $2,250.00 4 3339 1001 Istall 4'Dia sanitary sewer Manhole 33 39 20 EA 16 $2.50000 $40,000.00 5 330117 Asphalt Pavement Beyond Defined Width 3301 11 1 SY 250 $1000 $2.50000 6 3339 0001 Epoxy Manhole Liner 33 39 60 EA 16 $1,200.00 $19,200.00 1 3331.3102 4'Sewer Service tap includes 2-Way Cleanout 3331 50 EA 56 $1,200.00 $67,200.00 8 3301.0002 Post-CCN Inspection 330131 LF 2,594 $2.00 $5,188.00 9 3301.0101 Manhole Vacuum Testing 33 01 30 EA 16 $30000 $4.800.00 10 3305 0109 Trench Safety 3305 10 LF 2,597 $2.00 $5,194.00 11 3201.0400 Temporary Asphalt Paving Repair(6"flex base b 2'HMAC) 3201 18 LF 2,600 $9.00 $23,400.00 12 3339.1003 4'Extra Depth Manhole 33 39 20 VF 16 $22500 $3.60000 13 3471.0001 Traffic Control 3471 13 MO 1 4 1500.00 $2,000.00 14 3216.0102 Curb b Gutter—Install 32 16 16 LF 500 $25.00 $12,500.00 15 3125.0101 Storm Water Pollution Prevention>1 AC SW3P Install 31 2500 LS 1 $500.00 $500.00 16 3292 0100 Block Sod Placement 32 92 13 SY 260 $3.00 $840.00 Unit 2-Sanitary Sewer Improvements Sub Total 5266,972.00 Bid Summary Unit 1-Water Improvements $409,090.00 Unit 2-Sanitary Sewer Improvements 5266,872.00 Total Bid(Unit 1+•Unit 2) $674,962.00 i 1 f r tVRr NORTH IK i1 AM)XRP t gvCi Ri c nuN:vt{Ito S nnN IWM I NIF?.TC :l dtcr u9i +rut:r _ .r licl:i3:::a:vitt l-,;n.;ab. ,tii.`.11. ,„�, a 11.2 (etn Project No o 1 AC` 'M J LID Irl•d' SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we.(Bidder Name) hereinafter called the Principal,and(Surety Name) a corporation or firm duly authorized to transact surety business in the Slate of Texas,hereinafter called the Surety,are held and firmly bound unto the City, hercinafler called the Obligee, in the sum of and No,100 Dollars (S .00), the payment of which sum will be well and truly made and the said Principal and the Aid Surety,hind 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, idcritified as Water and Sanitary Sewer Replacement Contract 20(0 STM-D Cardiff Ave.from Kingswood Dr.to Wallingford Dr. Tasman St.from kleinert St to Village Pkwy. Topper St.from Crowley Rd.to Randell Ave. Wallingford Dr.from Cardiff Aye.to Chedlea Ave. Walraveo Cir.From Hulen St.to Wedgmont Cir. NOW, THEREFORE, if the Obliges 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 (Signature and Title of Principall *By (Signature of Attorney-of-F:>Lt) 'An.kh Power ul.Atintmey(Surety)for Attorney-en Fici lmpressc-sl Surety Seal Only END OF SECTION W dei roil S.uutary -ewer Re;ic,.,!ew t t, :ntwi,t 'rrft,S 1.S U +tv 0;IS SECTION OU a)37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of conlracts 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 busin%zs are outside the State of Texas)bid projects for construction,improvements, supplies or services in Tcxas at an amount lower than the lowest Texas resident bidder by the same amount that a Texts resident bidder would be e 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 fur your bid to meet specifications The failure of nonresident bidders to do so will automatically disqualify that bidder Resident bidders niust check the box in Section B. A Nonresident bidders in the State of our pnncipal place of business, are required to be percent lower than resident bidders by Stale Law. A copy of the statute is attached, t Nonresident bidders in the Stale of our principal place of business, are not required to underbid resident bidders. B.The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER:/1 11��.. r ^� ,p t_ Cornpany.CDfU- C,9 &SarL(LJ—ItT') t/r l l By: c Y�'V (.Q��� Address: 1 D 60� �11J''__T 4 8 }-p Y-, WQ 4 � (Signature) Title: pf�lt�pl�l t END OF SECTION 1 t t• i 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMIPENSATION LAW Page I 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. 01487 Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(6), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 2 s TX U° B : e � i Y 13 Company (PI Print) 14 n i /�� 15 n, Lbs► 15 +49 Signature- it ignature• 16 Address17 ,,..11 18 D✓+z WQ d (1 19 Title: PYA9SAeV1+- 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE E, the undersigned authority,on this day personally appeared 27 , known to me to be the person whose name is 28 suhscri4d to the foregoing instrument, and acknowledged to me that he/she executed the same as 29 the act and deed ofC QG,tritX1�1'X�L(J for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GI EN UNDER MY HAND AND SEAL OF OFFICE this 14th day of j 33 Ftb<aa1 —, 2013 j 34 35 36 VICKI I.OISON � J Notary Public,State of Texas 37 .` My Commission Expires Notary Public in and for the State of Texas , ` Novembet 11, 1013 38 39 END OF SECTION 40 a CITY OF FORT Wr>RTI I Wa et and Sanitary Sewer Replacement Contract?010 ti VIM D STANPARI,CONS'RUCTION SPECIFiCA i 10N 1XICUNIEN IS Revised fuly 1,2011 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxj2em-lit/ 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 Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual,corporation,or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not,in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter,in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 00 45 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. _ 3 4 5 6 7 K_ 8 END OF SECTION 9 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 ' 0045 12- 1 PREQUALIFICATION STATEMENT Page 1 of 1 1 SECTION 40 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 8 Major Work Prequalification Type Contractor/Subcontractor Company Name Expiration Date Water O� _ 3n _�I Improvements (/� �{ J� Sanitary Sewer Improvements cw9tyu ct ro i-xap04 9 10 11 The undersigned hereby certifies that the contractors and/or subcontractors described in 12 the table above are currently prequalified for the work types listed. 13 14 BIDDER: 15 16 na,-t-Ser Crm*ruc h'm `rxl , S�.vY ��� Ser 17p Company (P rint) 19 w>L � Signatu 20 Address 21 r 22 ` c � r l N Title: ? �� Lt/Q rL+ 23 City/State/Zip (Please Print) 24 25 Date: — OQ I 26 27 END OF SECTION 28 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 ' Revised July I,2011 FORTWORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet , Mark only one: OIndividual 0 Limited Partnership Name under which you wish to qualify 0 General Partnership QCorporation [::]Limited Liability Company Post Office Box City State Zip Code Street Address (required) City State Zip Code Telephone Fax E-mail Address Area Code Number Area Code Number Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONNAIRE 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 B-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm. (Check the block(s) which are applicable-Block 3 is to be left blank if Block 1 and/or Block 2 is checked) has fewer than 100 employees and/or has less than $6,000,000.00 in annual gross receipts OR does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches,and 350 LF or less Tunneling- 36-Inches—60—inches, and greater than 350 LF Tunneling—66"and greater, 350 LF and greater Tunneling—66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission,Development,24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development,42-inches and smaller Water Transmission,Urban/Renewal,42-inches and smaller Water Transmission, Development,All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV,42-inches and smaller CCTV,48-inches and smaller Sewer CIDP, 12-inches and smaller Sewer CIDP,24-inches and smaller CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIDP,42-inches and smaller Sewer CIDP,All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development,48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning, 24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 10,000 square yards) Asphalt Paving Construction/Reconstruction(10,000 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 10,000 square yards) Concrete Paving Construction/Reconstruction(10,000 square yards and GREATER) Roadway and Pedestrian Lighting _ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 * 004513-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1.List equipment which 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 business name? List previous business names 3. How many years 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? LOCATION NAME AND DETAILED CONTRACT CLASS OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL AMOUNT WORK COMPLETED STATE TO WHOM YOU REFER * If requalifying only show work performed since last statement. If so,where and why? complete a contract? If so, state the name of individual, other organization and reason. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 A 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 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 individual, name of owner and reason. 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. Give 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 Citj. Indicate your relationship to this person or firm. 12.What is the construction experience of the principal individuals in your organization? YEARS OF PRESENT POSITION CONSTRUCTION MAGNITUDE AND NAME OR OFFICE EXPERIENCE TYPE OF WORK IN WHAT CAPACITY CrFY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 004513-6 BIDDER PREQUALIRCATION APPLICATION Page 6 of 8 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. CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: State of Incorporation State of organization Date of Incorporation Date of organization Charter/File No. Is partnership general,limited,or registered limited liability partnership? President Vice Presidents File No. (if Limited Partnership) General Partners/Officers: Limited Partners (if applicable): Secretary Treasurer LIMITED LIABILITY COMPANY BLOCK If an LLC: Individuals authorized to sign for partnership: State of Incorporation: Date of Organization: File No. 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14.Equipment $ TOTAL BALANCE SHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City,by allowing you to show only 30 types of equipment,reserves the right to request a complete,detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model, and general common description of each. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 001513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as wall 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 stsatement 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 WORTI I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RI'.VISEDJuly 1,2011 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 01487 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 Dn"t Ctlr1S�'(/1'� W1 thy: Tri►' C.6'Yla -e"K 13 Company (Plea rent) 14 15 �•a &Y l Signature: 16 Address 17 18 RT Utt ^ t � r Title: �W�,�^+ 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME the undersigned authority, on this day personally appeared 27 o -r I � r known to me to be the person whose name is 28 subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same as 29 the act and deed of (hh -+Sp r (*an%+vg Li-;e. 21-1 L1 for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE th' S �day of 33 u v%.JL. , 20� 34 35 36 / 37 VICKI L.OLSON NotaryPublic in and for the State of Texas = Notary Public,state of Texas 38 r My Commission Expires tilt% November 12, 2013 39 END OF SECTION 40 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 004540-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 2 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 5 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 6 subcontracting goal is not applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOAL 14 The City's MBE goal on this project is 15% of the total bid (Base bid applies to Parks and 15 Community Services). Note: If both MBE and SBE subcontracting goals are established for this 16 project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 17 deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 21 required to comply with the intent of the City's Business Diversity Ordinance by one of the 22 following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or 25 3. Good Faith Effort documentation,or; 26 4. Waiver documentation. 27 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 28 responsive. Any questions, please contact the M/WBE Office at(817) 392-6104. 29 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised December 20,2012 004540-2 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 2 of 2 1 SUBMITTAL OF REQUIRED DOCUMENTATION 2 The applicable documents must be received by the Managing Department, within the following 3 times allocated, in order for the entire bid to be considered responsive to the specifications. The 4 Offeror shall deliver the MBE documentation in person to the appropriate employee of th.e 5 Managing Department and obtain a date/time receipt. Such receipt shall be evidence that the City 6 rceived the documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days met or exceeded: after 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 Utilization Form, if participation is less than after the bid opening date, exclusive of the bid stated goal: opening date. 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days Utilization Form, if no MBE participation: after the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if firm received by 5:00 p.m., five (5) City business days will perform all subcontracting/supplier after the bid opening date, exclusive of the bid work: opening date. 5. Joint Venture Form, if utilizing a joint received by 5:00 p.m., five (5) City business days venture to meet or exceed goal. after the bid opening date, exclusive of the bid opening date. 7 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised December 20,2012 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 4 June 2013 is made by and between the City of Fort 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and CONATSER CONSTRUCTION TX.LP, authorized to do business in Texas, 6 acting by and through its duly authorized representative,("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Water and Sanitary Sewer Replacement Contract 2010 STM-D 16 City Project No.01487,P253-606170148783 and P258-706170148783 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 210 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 Twenty Dollars ($420.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised June 4,2012 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 Six Hundred Seventy Four Thousand Nine Hundred 39 Sixty two Dollars($674,962.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MBE and/or SBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued,become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised August 17,2012 005243-3 Agreement Page 3 of 4 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of,the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs, expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees,from and against any and all loss,damage 88 or destruction of property of the city,arising out of,or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in pari, 93 by any act,omission or negligence of the city. 94 95 Article 7.MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised August 17,2012 005243-4 Agreement Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 127 �CQntrac or: 'n L,� �I �ity of Fort r--h By: GAO Fernando Costa By: Assistant City Manager (Signa e) DateAecretaryv Attes(Printed Name) City per' �� �`NV L- o Title: (Seal) o o�® �� Address:?. M&C o Date: 1p-'->�-/3 Qo 0 000000 0 ,oma City/State/Zip:JT4+ �UaY4/hl �`J I Iq Approved as to Form and Legality: �qft�p'O'�4 o - 011:�- awl3 124d r hd( A41 eve DateDeugk2lri- S}txelf-- ,.,ter.c k rn arc cam' Assistant City Attorney 128 129 130 APP OVAL RECOMMENDED: 131 132 133 ' 134 S.Frank Crumb,P.E. 135 DIRECTOR, 136 Water Department 137 OFFICIAL RECORD CITY SECRETARY FT,,WORTH,TX CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0 148 7 Revised August 17,2012 Bond No: 022045100 0061 13-1 PERFORMANCE BOND Page I of 2 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX, LP ,known as 8 "Principal"herein and Liberty Ait:ual Insurance Cgmoa ,a corporate 9 surety(sureties, if more than one)duly authorized to do business in the State of Texas, known as 10 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of Texas, known as"City"herein, in the penal Six Hundred Seventy-Four Thousand 12 sum of, Nine Hundred Sixtv-Ttao and 001 100 - - - - — - Dollars 13 ($ 674,962.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County,Texas for the payment of which sum well and truly to be made,we bind 15 ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 4th day of June, 2013, which Contract is hereby referred to and made a part hereof 19 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 20 accessories defined by law, in the prosecution of the Work, including any Change Orders,as 21 provided for in said Contract designated as 22 Water and Sanitary Seiner&placement Contract 2010 ST31--D 23 City Project.No. 01487, P253-606170148783 and P258-706170148783 24 25 NOW,THEREFORE, the condition of this obligation is such that if the said Principal 26 shall faithfully perform it obligations under the Contract and shall in all respects duly and 27 faithfully perform the Work, including Change Orders,under the Contract, according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of 29 extension of the Contract that may be granted on the part of the City, then this obligation shall be 30 and become null and void,otherwise to remain in full force and effect. 31 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 32 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 33 Worth Division. CITY OF FORT WORTH Water ani/Sanihup Setiver Replacement Contract 20/0 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project!Jz 0/487 Revised July 1,2011 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 4`h day of Julie, 2013. 6 PRINCIPAL: 7 Conatser Construction TK, LP 8 9 10 BY: 11 Si ature 12 ATTEST: Jerry Conatser, President of 13 Conatser Management Group, Inc., GP 14 15 (Principal)Secretary Name and Title 16 17 Address: p. 0. Box 15448 18 Fort Worth, TX 761 19 4rkn 20 21 Witness as to Principal 22 SURETY: 23 Liberty Mutual Insurance Cea>pany 24 25 26 BY: 27 S' nature 28 Glenna S.,Davis, 29 Attorney->rr-Fant 30 Name and Title 31 32 Address: 175 Berkeley Street 33 Bogtnn>MA 02117 34 35 36 Witness as to urety Telephone Number: 972-233-9568 l 37 Carolyn Map .s 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 11'ater and Saailaty Seaver Rep[aec•rntent Contract 010 STNI-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 0tv P,-gject,Yo.014,37 Revised July 1,2011 r Bond No: 022045100 0061 14-1 PAYMENT BOND Page I of 2 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX, LP known as 8 "Principal" herein, and Liberty Mutual Insurance CcmPanY , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City"herein, Six Hundred Seventy-Four Thousand, 12 in the penal sum of Nine Hundred Sixty-Two and 001100 - - - - - - Dollars 13 ($ 674,962.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 16 presents: 17 WHEREAS,Principal has entered into a certain written Contract with City,awarded the 18 4th day of June,2013 , which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein,to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as 22 [Yater and Sanitary Serer Replacement Contract 2010 STM-D 23 City Project No. 01487, P253-606170148783 and P258-706170148783 24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 28 force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 31 accordance with the provisions of said statute. R I CITY OF FORT WORTH Hater anal Sanitary Sewer Replucement C'ontracl 2010 STV-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Prosect No./1/487 ,111 Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 4t1i day of June,2013. 3 PRINCIPAL: Conatser Construction 7x, LP 7 ® ATTEST: BY: teatJeatser, President of Conatser Management Group, Inc., GP (Principal) Secretary Name and Title Address: p,0, Box 15448 Fort Worth, TX 76114 Witness as to Principal SURETY: Liberty Mutual Insurance Ccrnpariy ATTEST: BY. 4gn " Sre Glenna S. Davis, Attorney~irr-Fact (Surety) Secretary Name and Title Address: 175 Berkeley Street tinctnn. MA 02117 Witness as t Surety 4 Carolyn Maples Telephone Number: 972-233-9588 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 4 CITY OF FORT WORTH lVuter tine/Sunitun,Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Citv ProjectV6 0/4.47 Revised luly 1,2011 Bond No: 022045100 006119- 1 MAINTENANCE BOND Page I of 3 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we Conatser Construction TX, LP , known as 8 "Principal'herein and Liberty mutual Insurance Company ,a corporate surety 9 (sureties, if more than one)duly authorized to do business in the State of Texas, known as 10 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as"City"herein, Six thmdred Seventy-Four Thousand, 12 in the sum of N;nP H,mdred Sixty-Two and 00/100 - - - - ' Dollars 13 ($ 674,962.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tan-ant 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 4th day of June, 201 ,which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 21 as 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 24 Water and Sanitary Serer Replacement Contract 2010 STAT--D 25 City Proiect,Vo. 01487, P253-606170148783 and P258-706170148783;and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 31 ry 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance h 34 Period. 35 ■ ■ CRY OF FORT WORTH H'ater and Sanital,Server Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CitvProiect,Vu.01431 Revised July 1,2011 1 0061 19-2 MAINTENANCE BOND Page 2of3 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 w i CITY OF FORT WORTH {dater and Sanilaq Soyer Repiacentent Contract 2010 STV-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Civ Project.No.0.43; Revised July 1,2011 4 x)061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS 'WHEREOF, the Principal and the Surety ha%e each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the J` day of June___, 201 . 3 4 PRINCIPAL: 5 Conatser construction TX, LP 6 7 / 8 BY: 9Signature 10 ATTEST: 11 Jerry Conatser, President of 12 _ Conat ser Manageffr nt Group, Inc., GP 13 (Principal) Secretary Name and Title 14 15 Address: P. 0. Box 15448 16 Fort Worth, TX 76119 17 ,^ - 18 1 19 Witness as to Principal 20 SURETY: 21 I,,i})C-rty Nhttual Insurance. Gonipany 22 23 24 BY 25 Si nature 26 Glenna S. Davis, 27 At orney—in—Fact 28 ATTEST: Name and Title 29 30 Address: 175 Berkeley Street. 31 (Surety)Secretary Boston, MA 02117 32 33 34 Witness as t Surety T Telephone Number: 972-233-9588 35 Carolyn Map es 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 i CI FY OF FORT NVOR"rH 11 ua r,iw(Sruur�tn Sot(r Rt phw,nu rl C nfra,I_'rill)SIV 1) STANDARD CONSTRUCTION SPECIFICATION D(KUMENTS !7:.,"; .',.I%;�:' r Re,.;-. d July I.'011 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 5591289 American Fire and Casually Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companiesl,pursuant to and by authority herein set forth,does hereby name,constitute and appoint, .arnlyo map��('athy Vincnn;Glenna S. Davis:Greg A.Wilkerson:John R.Wilson all of the city of Fort Worth state of TX each individually d there be more than one named,its true and lawful attomey-in-fad to make,execute,seal,acknowledge r and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this PowerofAttomey has been subscribed by an authorized officeror official of the Companies and the corporate seals of the Companies have been affixed thereto this t 28th day of September 2012 , ��`cAw FlpF J�Lty INS& ee AM � American Fire and Casualty Company The Ohio Casualty Insurance Company HHL Liberty Mutual Insurance Company' ' �'—' Peerless Insurance Com n p n SEAL z SEAL % SEAL x Pay v�G '44� ,.yhxodabA6S �'gNc�cQt West American Insurance Company _ m277 D C By: R 2 STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary = n = COUNTY OF KING 0 Qy On this 28th day of September ,, 2012 ,before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and >,N ` 0 Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being =W authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G E 0 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle x Washington,on the day and year first above written. CL Q M Gno�nne By: d C - avec rc a KO a1eY,NotilIfPubfic 3 l0 E This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and i4u{honzations of American Fire and Casualty Company,The Ohio Casualty Insurance H c2 A Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows: w Cm ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject d C to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fad,as may be necessary to act in behalf of the Corporation to make,execute,seal, :5 acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fad,subject to the limitations set forth in their respective d powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so > executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fad under 0 c2 6 c the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ;E C4 tARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, M � and subject to such limitations as the chairman or theresident may prescribe,shall a = v p y p appoint such attorneys in-fact,as may necessary to act in behalf of the Company to make,execute, O o seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fad subject to the limitations set forth in their is I respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O executed such instruments shall be as binding as if signed by the president and attested by the secretary. f Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such attomey-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and biding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set myhandand affixed the seals of said Companies this 4th day of Sime 20 13 AN F(j� ptrtY INSU �cSt3RAk� aG St AYER��q n W 1901 B 9�GSF:ALQP o�SQ:AL >s »+: r a SEAL 4} y David M.Carey,Assistant Secretary gCTY COP yl 1 �Ky�yy NE. R�NCE 04 P POA-AFCC,LMIC,OCIC,PIC 8 WAIC LMS 12873 041012 314 of 500 Liberty Mutual-, Important Notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 AI�°® CERTIFICATE OF LIABILITY INSURANCE DADD/YYYY) 6/55/20/2013 ..THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: The Sweeney Company PHONE (817)457-6700 FAX N :(817)457-72116 1121 E. Loop 820 South E-MAIL P O BOX 8720 INSURERS AFFORDING COVERAGE NAIC N Fort Worth TX 76124-0720 INSURER ABituminous Fire & Marine INSURED INSURER B'Bituminous Casualty Corp Conatser Construction TX, LP INSURERC: P.O.BOX 15448 INSURER D: INSURER E: Fort Worth TX 76119 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD :INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS _CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/D /YYYY LIMITS GENERAL LIABILITY X X 3IANIKET AS REQUIRED BY EACH OCCURRENCE ; 1,000,000 X COMMERCIAL GENERAL LIABILITY qRITTEN CONTRACT ONLY DAMAGE TO RENTE17— PR MI a occurrence) S 100,000 A CLAIMS-MADE a OCCUR P 3 574 330 /1/2012 /1/2013 MED EXP(Any one person) $ 5,000 X CONTRACTUAL, XCU ?1,000. DED PER PROPERTY DAMAGE OCC PERSONAL&ADV INJURY $ 1,000,000 X INDEP CONT, BFPD POLLUTION WORK SITES GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: OCCURRENCE & AGGREGATE .000,000 PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO-jECT LOC $ AUTOMOBILE LIABILITY X XEILANKT AS REQUIRED BY CEOMaB�NdED SINGLE LIMIT 11000,000 A ]{ ANY AUTO ITTEN CONTRACT ONLY BODILY INJURY(Per person) S ALL OWNED SCHEDULED 3 574 331 /1/2012 /1/2013 BODILY INJURY(Per accident) S AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident PIP-Basic S X UMBRELLA LIAB X OCCUR X X 1.M=T AS REQUIRED BY EACH OCCURRENCE $ 5,000,000 B EXCESS LIAR I CLAIMS-MADE qRITTFN CONTRACT ONLY AGGREGATE $ 5,000,000 DED I X I RETENTIONS 10,00 P 2 800 381 /1/2012 /1/2013 $ B WORKERS COMPENSATION X 31ANKET AS REQUIRED BY X WC STATU- OTH- AND EMPLOYERS'LIABILITY I TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE aN/A ITTEN CONTRACT ONLY E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 3 574 329 /1/2012 /1/2013 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,desuibe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,K mon space Is required) WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2010 STM-D, DOE 116574 CITY PROJ 1101487; ALL POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS. THE GL ADDITIONAL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY & NONCONTRIBUTORY WORDING. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT WORTH ACCORDANCE WITH THE POLICY PROVISIONS. 1000 THROCKMORTON ST FORT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE -,% Charles Sweeney/JOYCE C/ACORD 25 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS026roninnsint Tha ArriRn name anti Inn^ara ranhafaratl marine^f arnRll 006125-1 CERTIFICATE OF INSURANCE Page 1 of l _ 1 SECTION 00 6125 2 CERTIFICATE OF INSURANCE 3 4 5 6 (Assembler: For Contract Document execution, remove this page and replace with standard 7 ACORD Certificate of Insurance form-] 8 9 w 10 11 12 4 13 t4 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement Contract 2010 STM-D STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01487 Revised July 1,2011 Health/ Total Avg. Hrly Classification Rate Welfare Pension Vacation Package AC Mechanic $25.92 $1.01 $0.19 $0.83 $27.91 AC Mechanic Helper $15.81 $0.00 $0.00 $0.30 $16.77 Acoustical Ceiling Mechanic $15.56 $0.57 $0.03 $0.12 $16.26 Acoustical Ceiling Helper $12.27 $0.19 $0.00 $0.00 $12.46 Abestos Worker $0.00 $0.00 $0.00 $0.00 $0.00 Bricklayer/Stone Mason $18.54 $0.24 $0.00 $0.00 $18.78 Bricklayer/Stone Mason Helper $10.39 $0.00 $0.00 $0.00 $10.39 Carpenter $17.08 $1.62 $0.17 $0.81 $19.69 Carpenter Helper $13.45 $0.75 $0.08 $0.71 $14.99 Concrete Finisher $13.97 $0.41 $0.04 $0.14 $14.55 Concrete Finisher Helper $12.14 $0.43 $0.04 $0.11 $12.72 Concrete Form Builder $14.03 $0.67 $0.03 $0.15 $14.88 Concrete Form Builder Helper $11.72 $0.54 $0.03 $0.10 $12.39 Drywall Mechanic $16.10 $0.56 $0.02 $0.30 $16.98 ` Drywall Helper $12.43 $0.33 $0.00 $0.28 $13.05 Drywall Taper $15.00 $0.07 $0.00 $0.00 $15.07 4 Drywall Taper Helper $11.50 $0.07 $0.00 $0.00 $11.57 Electrician(Journeyman) $21.77 $1.08 $0.05 $0.38 $23.29 Electrician Helper $15.32 $1.09 $0.05 $0.27 $16.73 Electronic Technician $20.00 $0.00 $0.00 $0.00 $20.00 Electronic Technician Helper $0.00 $0.00 $0.00 $0.00 $0.00 Floor Layer(Carpet) $0.00 $0.00 $0.00 $0.00 $0.00 Floor Layer(Resilient) $18.00 $0.00 $0.00 $0.00 $18.00 Floor Layer Helper $10.00 $0.00 $0.00 $0.00 $10.00 Glazier $18.53 $1.92 $0.38 $0.71 $21.54 Glazier Helper $13.49 $1.20 $0.10 $0.35 $15.13 Insulator $16.59 $0.29 $0.12 $0.08 $17.08 Insulator Helper $11.21 $0.36 $0.11 $0.13 $11.81 Laborer Common $10.47 $0.70 $0.06 $0.08 $11.30 Laborer Skilled $13.24 $0.98 $0.06 $0.12 $14.41 Lather $17.00 $0.00 $0.00 $0.00 $17.00 Lather Helper $15.00 $0.00 $0.00 $0.00 $15.00 Adopted 8/17/2010 by MSC Approval C-24396 Metal Building Assembler $16.00 $1.56 $0.63 $0.00 $18.19 Metal Building Assembler Helper $12.00 $1.56 $0.63 $0.00 $14.19 Painter $12.57 $0.69 $0.02 $0.09 $13.37 Painter Helper $9.981 $0.61 $0.02 $0.09 $10.70 Pipefitter $21.14 $0.90 $0.13 $0.45 $22.59 Pipefitter Helper $14.92 $0.58 $0.11 $0.23 $15.82 Plasterer $17.24 $0.051 $0.00 $0.00 $17.30 Plasterer Helper $12.85 $0.05 $0.12 $0.43 $12.90 Plumber $20.33 $0.69 $0.12 $0.43 $21.56 Plumber Helper $14.95 $0.95 $0.11 $0.00 $16.42 Reinforcing Steel Setter $13.01 $0.36 $0.07 $0.23 $13.67 Reinforcing Steel Setter Helper $11.19 $0.25 $0.05 $0.16 $11.64 Roofer $16.78 $1.25 $0.23 $0.17 $18.43 Roofer Helper $12.33 $1.25 $0.23 $0.17 $13.98 Sheet Metal Worker $17.49 $0.97 $0.10 $0.51 $19.06 Sheet Metal Worker Helper $14.16 $1.40 $0.17 $0.44 $16.15 Sprinkler System Installer $19.17 $1.68 $0.33 $0.33 $21.52 Sprinkler System Installer Helper $14.15 $1.50 $0.00 $0.50 $16.07 Steel Worker Structural $19.28 $1.37 $0.55 $0.12 $21.32 Steel Worker Structural Helper $13.74 $1.37 $0.39 $0.09 $15.59 Concrete Pump $18.50 $0.00 $0.00 $0.00 $18.50 Crane,Ctamsheel, Backhoe, Derrick, D'Line Shovel $17.81 $1.30 $0.12 $0.24 $19.48 Forklift $12.96 $0.42 $0.04 $0.08 $13.50 Foundation Drill Operator $22.50 $0.00 $0.00 $0.00 $22.50 Front End Loader $13.21 $0.36 $0.06 $0.17 $13.79 Truck Driver $15.21 $0.65 $0.06 $0.19 $16.11 Welder $17.81 $0.92 $0.12 $0.30 $19.15 Welder Helper $12.55 $0.75 $0.00 $0.33 $13.64 Adopted 8/17/2010 by M&C Approval C-24396 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT i s J r J CITY OF rORT woRTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 ' STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article1 —Definitions and Terminology..........................................................................................................1 1:01 -Defined .::::.:.::::..::::..:::.:::.::::::::::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........................................................... } 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies............... 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 i 3.06 Electronic Data...................:........................................................................................................I 1 Article 4--AvaiIability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points............................... 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.................. 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5—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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 r x 6.02 Labor;Working Hours................................................................................................................20 6.03 Services,Materials,and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors,Suppliers,and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes......................., ,,....,...,...........,..,.............................................................................................28-- _ 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit...................... 6.24 Nondiscrimination.......................................................................................................................35 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 4 Article8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests,and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative.....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,201 I Article 10-Changes in the Work;Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.01 Cost of the Work...................... 11.02 Allowances.................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13--Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14--Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 ' 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title.......................................... ......54 ................................................... 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 ' 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 .................................................. 14.09 Waiver of Claims........................................................................................................................57 p Article 15-Suspension of Work and Termination............................ ..........................57 .................................. 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience................... ................................60 .................................... Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2611 ' S A Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 i , e F 0 e i 9 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 oonoo-I GENERAL CONDITIONS Page I oF62 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are gen erally_capitalized or written in italics, but not always.When used_in_a_context.consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined,terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder--The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any,and the Bid Form with any supplements. ' 10. Business Day–A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line,electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 P' 007200-2 GENERAL CONDITIONS Page 2 of 62 13. Change OrderL-A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager,.his.designee, or.agents authorizedunder his behalf, each of which is required by- Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney--The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager— The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor ° concerning the Work.The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the g Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. i 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 1 007200-3 GENERAL CONDITIONS Page 3 of 62 25.Damage Claims —A demand for money or services arising from the Project or Site from a third party,City or Contractor exclusive of a Contract Claim. 26.Day or day—A day,unless otherwise defined,shall mean a Calendar Day. 27.Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents. 28.Director of Parks and Community Services—The officially appointed Director of the Parks and Community Services Department of the City of Fart Worth,Texas,or his duly appointed representative,assistant,or agents. 29.Director of Planning and Development—The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant,or agents. 30.Director of Transportation Public Works -- The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant,or agents. 31. Director of Water Department—The officially appointed Director of the Water Department of the City of Fort Worth,Texas,or his duly appointed representative, assistant,or agents. 32.Drawings—That part of the Contact Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contactor.Submittals are not Drawings as so defined. 33.Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective,but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34.Engineer!—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35.&tra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents.Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price,Contract Time,or the intent of the Engineer. 37. Final Acceptance — The written notice given by the City to the Contactor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCnON SPECIFICATION DOCUMENTS r Revisal:November 9,2011