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Contract 44783
CITY SECRETARY qI CONTRACT NO. FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Upper Surra Vista Drainage I mpr over rots City Project No. 00672 Betsy Price Tom Higgins M ayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth 2013 OF ....:........................... � ? TRAVIS N. ATTANASIO �..................... 98433 A,� %%s •AL• CONSULT The sal appearing on this document was authorized by A.N.A. Consultant LLC Travis N. Attanasio, P.E., CFM 5000 Thompson Terrace on June 10, 2013 ColleyvillA TX 76034 TBPE Registered Firm Na F-20 D a�CE�VEO SEP 11 ZC�11 000000-1 TABLE OF CONTENTS Page 1 of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance dft 007200 General Conditions 00 73 00 Supplementary Conditions Division 01 -General Requirements MW 01 1100 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting ■- 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage -- 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 017423 Cleaning 01 77 19 Closeout Requirements 01 7823 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised December 20,2012 Rw 000000-2 TABLE OF CONTENTS Page 2 of 3 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 31 -Earthwork 3123 16 Unclassified Excavation 31 2323 Borrow 31 24 00 Embankments 39 00 03 STORM WATER FIELD ORDER ALLOWANCE 99 99 00 P550 TURN REINFORCEMENT MAT 99 99 01 DS75 EROSION CONTROL BLANKETS 99 99 02 SLOPE INSTALLATION 99 99 03 EARTH ANCHORS Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://pro j ectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 02 -Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03-Concrete 03 30 00 Cast-In-Place Concrete 03 80 00 Modifications to Existing Concrete Structures Division 31 -Earthwork 31 1000 Site Clearing 31 2500 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 -Exterior Improvements 32 13 13 Concrete Paving 32 1613 Concrete Curb and Gutters and Valley Gutters 3231 13 Chain Fences and Gates 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding,and Sodding Division 33-Utilities 3305 10 Utility Trench Excavation,Embedment,and Backfill 3341 11 High Density Polyethylene(HDPE)Pipe for Storm Drain 33 46 00 Subdrainage 33 49 20 Curb and Drop Inlets CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised December 20,2012 000000-3 TABLE OF CONTENTS Page 3 of 3 33 49 40 Storm Drainage Headwalls and Wingwalls Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions s. GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised December 20,2012 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORTH CITY COUNCILAGENDA COUNCIL ACTION: Approved on 8/20/2013 DATE: 8/20/2013 REFERENCE C-26415 LOG NAME: 20SW UPPER SIERRA NO.: VISTA—CONSTRUCTION CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of $1,375,460.30 for Upper Sierra Vista Drainage Improvements Project and Provide for Contingencies and Construction Services for a Total Project in the Amount of $1,609,460.30 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Conatser Construction TX, LP, in the amount of$1,375,460.30 for the Upper Sierra Vista Drainage Improvements project. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the execution of a contract with Conatser Construction TX, LP, in the amount of$1,375,460.30. The construction of this project will provide additional inline storage to minimize the risk of home, apartment and street flooding in the vicinity of Mississippi Avenue and Baker Street. This project was advertised for bid in the Fort Worth Star Telegram on June 13, 2013 and June 20, 2013. On July 11, 2013, the following bids were received: BIDDERS A_ MOUNT TIME OF COMPLETION 390 Calendar Days Conatser Construction TX, LP $1,375,460.30 AMS Company, Inc. $1,393,753.00 DCI Contracting, Inc. $1,538,837.00 Jackson Construction, LTD. $1,724,440.55 Steele & Freeman, Inc. $1,753,198.25 Earth Builders, Inc. $1,949,752.50 CD Builders, Inc. 1 $2,084,568.10 The recommended contract award amount includes$87,800.00 for a pre-established field order allowance. Other budget items beyond the construction contract amount include $192,000.00 for survey, materials testing, and inspection and a $42,000.00 contingency. The total project budget is $1,609,460.30. MWBE Office- Conatser Construction TX, LP, is in compliance with the City's BDE Ordinance by committing to 12 percent MBE participation. The City's MBE goal on this project is 11 percent. This project is located in COUNCIL DISTRICT 8, Mapsco 77Y. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Project Bond Fund. http://www.fortworthgov.org/council_packet/mc_review.asp?ID=18827&councildate=8/2... 8/21/2013 M&C Review Page 2 of 2 TO Fund/Account/Centem FROM Fund/Account/Centem P227 541200 2082800672831 375 460.30 Submitted forC!"anames Office bv: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Michael Perkins (2748) ATTACHMENTS 00672-Upper Sierra Vista map.pdf http://www.fortworthgov.org/council packet/mc review.asp?II=18827&councildate=8/2... 8/21/2013 FORTWORTH. 811MAW DOCUMENTS.• • 00 42 43-Bid Proposal Form-Excel sheet updated • Original topographic survey attached All other provisions of the plans, specifications and contract document for the project which are not expressly amended herein shall remain in full force. Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of submittal. Receipt Acknowledged: Transportation &Public Works Department Doug W. Wiersig, P.E. Director ;..*. .......................*. / TRAVIS N.ATTANASIO 4tt,$;�9843 41tle: 1 �S�dyt-k- The seal attached to this Addendum was authorized by Travis N. Attanasio P.E., CFM on July 2, 2013 ADDENDUM NO. 1 July 2, 2013 00 42 43 BIDPROPOSAL pwIurI SECTION 00 42 43 PROPOSAL FORM UNIT PRICE COST Project Iters Information Bidders Proposal Bidlist DescSpecification Unit of Item No. �paOO Section No. Measure �Bid,Quaatity, Unit Prion Bid Value SECTION C: PAVING&DRAINAGE IMPROVEMENTS 1 0241.0500 Remove Fence 0241 13 LF 770 2 0241.0800 Remove Rip Rap 0241 13 SF 5,500 3 3110.0101 Site Clearina 31 1000 LS 1 4 3110.0102 6"-12"Tree Removal 31 10 00 EA 49 - 5 3110.0104 18"-24"Tree Removal 31 1000 EA 1 6 3110.0105 24"and Larger Tree Removal 31 1000 EA 11 7 3123 0101 Unclassified Excavation (including Over-excavation 31 23 16 CY 116,433 8 3125.0101 SWPPP 2:1 acre 312500 LS I 1 9 3213.0103 8"Conc Pvmt 32 13 13 BY 10 10 3213.0301 4"Conc Sidewalk 32 13 20 SF 200 11 3216.0101 6"Conic Curb and Gutter 32 16 13 LF 438 12 3231.0123 6'Chain Link Aluminum 32 31 13 LF 645 13 3291 0100 Topsoil 32 91 19 CV 1 520 14 3292 0400 Seeding H dromulch 3292 13 SY 9 120 a* 15 3341.0204 24"HDPE Pipe 3341 11 LF 107 16 13340.5001 10'Curb Inlet 33 49 20 EA 1 17 3471.0001 Trafic Control 3471 13 MO 18 18 P550 Turf/Earth Reinforcement Mat t6 5'x55' Inc EA400 and EA680 Earth Anchors 999901 ROLL 35 19 DS 75 Straw Net Blanket 8'x 112 5' Inc BioStakes 500 box lb0x2Q0QSF1 99 9903 ROLL 100 : 20 Energy Dissipation Structure 99 99 05 EA 1 9999 Pre-Bid Mom-Stormwater Field Order Allowance 99 99 98 FA 1ELS87 800.00 $87,800.00 Subtotal-Paving&Drainage Improvements Total Base Bid S87,111)(11.00 Additive Alternate Cost Bidlist Specification Unit of Item No. Description Section No. Measure Bid Quantity Unit Prim Bid Value 1 3231.0123 6'Chain Link Aluminum 3231 13 LF 587 2 3231.0305 12'Gate Steel 32 31 26 EA 1 =. Total Additive Alternate Cost Total Cost g87 800,00 CRY OF FORT WORT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS I—Retied 20110627 00 41 00 00 43 13 00 42 43_00 43 37_00 43 12_00 35 13 Bid Peyoel Wmkbo k di ZL900'ON ll3foad AlD oma vim Yams nddn 3NI3s of s1N3w3Acwm 39yww Pot I , 1 - $ o!! a '� 6 o � daa Z -x =' afit 0• Y■1 � =9�1� K°U a V z_ g lal F 411 e ,p { as Y Q �i€' i 'I BSI%1 .5 kE Ivo utWAvo 3MIs 52 ♦ `° '� ,v''€ H Y J 4 Vz(pQ Zo PzQ � W ° �► ROX PJB O N Z a Q N 6e .01- z Oy: Z (GGz_ ~ 3HOPZ~ t is X w; ��p�c�i o� 0 00��� �oZ �p OIzzo uo f `� ■ Z �is t-; WVQN< 0 ZN 6.0 W���r p� I Q 'oSp�F 0. u 04 az zgg�Og jZa n.0J � + } o% $p WOC MLQsO Wi0 -36 O z0 z z i m i I j 1 pp ! Q I _ 44 a 3 d� 3 7 h .C7. ..-...._ a� 3AV IddISSISSIW i All 1 r'— ! I I S MA I I N I I W I i i i i i w i i 5 i ---- w ---- S2 i $ s i i r------ i i GOVYt e z ZL900'ON 173f071d ALJ `��•„ � vim Yours a3mn 3N13S Ol siN3WdAomm 39VMVNo � C €t �• J ! Is g O � �2 w1 6% 1 g a C OZ d"WddY�v ' Q g z I 3A ar; 5E i� C a i Jcyq r s I yy�''L/I m i HW000 N , as Z 2 SK J S woJJi HO I 3 z¢xOWwzo- OI�NN Jf E V % ICw►«!w rb WJf-JNF•SF• I KJ U 2V1 % =a=Ow_w j c� ouzo < ,f + WmV1>JZ414 f 00LL�-wx< / J ! �• I / / I / I / 1 i w I �z I /U< % -Jt I zu / �/• / N O< I M <U i OZS> ! S�YWH 4 OLLrSr I / \ MR !' Uaa7 2. ~J W 8A C. A. iF ^' A^ OrtfJNN I % U¢xwx�- .2� G tY xi �� NxWOW I '•" /• SOW►_ ow 8 •WWWJ N WJ UNZO 6N�2I W wo W, <O TWyyk� Z A1 2-N�•� I ' 2N I Wr o. aazn 8g Wm1AYJZ ~ Ootdiw.i W I I Z Z. W.3 j 00 9 Z1900 ON I.WONd ALJ ' vim yums a3ddn 3m3S Ol siLwwmohd it 3'ovwtic imRa Z !o 44� t�r t � iod 8�ess: o z 3 e i5 �R pgp _ a gp N a z �y ! Lj 3uj 8 yN ARM W � �__1 - Ui I 9 V Z "-- .010 300 QU � ♦ j �` I v ., t 0 R =O W U F I O �_ ` iL.� W W W ILL W 1;�12 `@2 QZ`1 ZI ~UIU Zm 33 ICU 0 0 �p V > 'f' 0 O O m m 2 ! d 0<�<W°yWUK.�3�u` �`�,, re__,,��< 2 Z j`j>CC `e YIN 0 N ci i�WUE wJ m wyl5��! �^ .._..--------------._.._. T — —-- - — — -- — f re Id SI/Y �„ DIY dfS S 4 1 I tt g 1 OZ 13 ! ! } ! I -Z 0.� I ! I 1♦ I I I I ���� I I •I I I u..nai-avawawe... axu .aew V1sm ymms M3ddn am3s 01 S1N3W3AOWM 3•.NWHO Y w a & J sg a c@ p p� a �Q a t �! � z a o ! u uj ! W Y44 $ Coz 7 j a f !p D I III �p A — � 1u ` t IY eaaaa 9 ! 1 rt � o A o / 1 � J a F o ILAJJ cn Y m G J 0 0-' z ®® z a >< I z e ! i 0 ori ui W 1w, all Is ER p z LD z / [ H a � Z 6 o fr N B I oovuc 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Upper Sierra Vista Drainage Improvements will be received 5 by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 1000 Throckmorton Street 10 Fort Worth,Texas 76102 q 11 until 1:30 P.M.CST,Thursday,July 11,2013,and bids will be opened publicly and read aloud at 12 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the(approximate)following: Unclassified excavation of 16 approximately 118,230 cu.yds.earthwork excavation, 1,230 LF chainlink fencing,and 107 LF 17 24"HDPE storm drain piping. 18 19 PREQUALIFICATION 3 20 The improvements included in this project,which require prequalification,must be performed by 21 a contractor who is prequalified by the City at the time of bid opening.The procedures for 22 qualification and prequalification are outlined in the Section 00 21 13—INSTRUCTIONS TO 23 BIDDERS. 24 25 DOCUMENT EXAMINATION AND PROCUREMENTS 26 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 27 of Fort Worth's Purchasing Division website at hi t-L'-_����.��.fortworthgov.orpurchasin and 28 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 29 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or ,. 30 suppliers. 31 32 PREBID CONFERENCE 33 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 34 BIDDERS at the following location,date,and time: 35 DATE: June 2.5, 2013 36 TIME: 1:30pm 37 PLACE: 1000 Throekmorton Street 38 Fort Worth, TX 76102 39 TPW Conference Room 270 40 LOCATION: City Hall 41 42 43 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 44 City reserves the right to waive irregularities and to accept or reject bids. 45 46 47 48 49 CITY OF FORT WORTH Upper Sierra Vista Drainage Improremenrs STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised November 27,2012 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 2 INQUIRIES 3 All inquiries relative to this procurement should be addressed to the following: 4 Attn: Michael Perkins,City of Fort Worth 5 Email: Michael.Perkins@fortworthtexas.gov 6 Phone: 817.392.2748 7 AND/OR 8 Attn: Travis N.Attanasio,PE,CFM,ANA Consultants -� 9 Email: tnattanasio@anallc.com 10 Phone: 817.335.9900 11 12 ADVERTISEMENT DATES 13 June 13,2013 14 June 20,2013 15 16 END OF SECTION l CITY OF FORT WORTH Upper Sierra Yisia Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised November 27,2012 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 00-GENERAL CONDITIONS. 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting directly through a duly authorized representative,submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2.Nonresident Bidder: Any person,firm,partnership,company,association,or corporation acting directly through a duly authorized representative,submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided)makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2.City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 3.1.All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding.Bids received from contractors who are not prequalified(even if inadvertently opened)shall not be considered. Prequalification requirement work types and documentation are as follows: 3.1.1. Paving—Requirements document located at; https:;';pro iectpoint.buzzsaw.coin. fortworthgov/Resources/02%20- %20Construction%2ODocuments/Contractor%20 Prequal ificati on/TP W%2OPaving %20Contractor%2OPrequalification%2OProgram/PREQUAL I FICATION%20REQ UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; littps:;','projectpoint.buzzsaw.com/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPg ing �i %20Contractor%2OPrequalification%2OProgram/PREQUAL IFICATION%20REO UIREMENTS%20FOR%20PAV ING%2000NTRACTORS.PDF?public CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised November 27,2012 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.1.3. Water and Sanitary Sewer—Requirements document located at; httl2s://pro j ectpoint.buzzsaw.com/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Contractor%2OPreq ualification/W ater%2Oand%2 OSanitarv%2OSewer%2OContractor%2OPrequalification%2OProgram/W SS%20pre a ual%20requirements.doc?public 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 45 11,BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s)for a project to submit such additional information as the City, in its sole discretion may require,including but not limited to manpower and equipment records, .a information about key personnel to be assigned to the project,and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame.Based upon the City's assessment of the submitted information,a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information,if requested,may be grounds for rejecting the apparent low bidder as non-responsive.Affected contractors will be notified in writing of a recommendation to the City Council. 3.4.In addition to prequalification,additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 4.1.Before submitting a Bid,each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents(including"technical data" referred to in Paragraph 4.2.below).No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto,shall be binding upon the City. 4.1.2.Visit the site to become familiar with and satisfy Bidder as to the general,local and site conditions that may affect cost,progress, performance or furnishing of the Work. 4.1.3. Consider federal,state and local Laws and Regulations that may affect cost, progress,performance or furnishing of the Work. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised November 27,2012 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.4.Study all: (i)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities)that have been identified in the Contract Documents as containing reliable"technical data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, at the Site that have been identified in the Contract Documents as containing reliable"technical data." 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish.All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents.No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.6.Perform independent research,investigations,tests,borings,and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project.On request,City may provide each Bidder access to the site to conduct such examinations,investigations, explorations,tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations,investigations,tests and studies. 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work,time required for its completion,and obtain all information required to make a proposal.Bidders shall rely exclusively and solely upon their own estimates,investigation,research,tests,explorations,and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima-facie evidence that the Bidder has made the investigation,examinations and tests herein required.Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.8. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or between the Contract Documents and such other related documents.The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 4.2.1. f:4.2.1.those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any,on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised November 27,2012 p 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2.2.those drawings of physical conditions in or relating to existing surface and subsurface structures(except Underground Facilities)which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents,but the "technical data"contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data,interpretations,opinions or information. 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) that Bidder has complied with every requirement of this Paragraph 4,(ii)that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods,techniques,sequences or procedures of construction(if any)that may be shown or indicated or expressly required by the Contract Documents,(iii)that Bidder has given City written notice of all conflicts,errors,ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder,and when said conflicts, etc.,have not been resolved through the interpretations by City as described in Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos, Polychlorinated biphenyls(PCBs), Petroleum,Hazardous Waste or Radioactive Material covered by Paragraph 4.06.of the General Conditions,unless specifically identified in the Contract Documents, 5. Availability of Lands for Work,Etc. 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities,construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right- of-way,easements,and/or permits are not obtained,the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the r project. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised November 27,2012 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way,easements,and/or permits,and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions received after this day may not be responded to.Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. PrI Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Attn: Michael Perkins Fax: 817.392.2433 Email:Michael.Perkinsnafortworthtexas.gov Phone:817.392.2748 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3.Addenda or clarifications may be posted via Buzzsaw. 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised November 27,2012 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award,City may consider Bidder to be in default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all ., other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. 8. Contract Times The number of days within which,or the dates by which,Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract,if awarded,will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or"or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City,application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A.,6.05B. and 6.05C.of the General a. Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 12-2011 (as amended),the City has goals for the participation of minority business and/or small business enterprises in City contracts.A copy of the Ordinance can be obtained from the Office of the City Secretary.The Bidder shall submit the MBE and SBE Utilization Form,Subcontractor/Supplier Utilization Form,Prime Contractor Waiver Form and/or Good Faith Effort Form with documentation and/or Joint Venture Form as appropriate.The Forms including documentation must be received by the City no later than 5:00 P.M.CST,five(5)City business days after the bid opening date.The Bidder shall obtain a receipt from the City as evidence the documentation was received. Failure to comply shall render the bid as non- responsive. 11.2. No Contractor shall be required to employ any Subcontractor,Supplier,other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised November 27,2012 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit price item listed therein. In the case of optional alternatives,the words "No Bid," "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, written in ink in both words and numerals,for which the Bidder proposes to do the work contemplated or furnish materials required.All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals,the price in written words shall govern. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner,whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, marked with the City Project Number,Project title,the name and address of Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised November 27,2012 0021 13-8 INSTRUCTIONS TO BIDDERS r Page 8 of 9 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.After all Bids not requested for withdrawal are opened and publicly read aloud,the Bids for which a withdrawal request has been properly filed may,at the option of the City,be returned unopened. t 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An .� abstract of the amounts of the base Bids and major alternates(if any)will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may,at City's sole discretion,release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming,nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best f interest of the Project to make an award to that Bidder,whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price,contract time or changes in the ` Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists dW among the Bidders,Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract,Bidder has performed a prior contract in an unsatisfactory manner,or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised November 27,2012 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors,Suppliers,and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs,maintenance requirements,performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility,qualifications,and financial ability of Bidders,proposed Subcontractors,Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization,work of a value not less than 35%of the value embraced on the Contract,unless otherwise approved by the City. 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded,City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to # City with the required Bonds, Certificates of Insurance,and all other required documentation. P City shall thereafter deliver one fully signed counterpart to Contractor. i;. END OF SECTION CITY OF FORT WORTH Upper Sierra Vista Drainage Impro%ements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised November 27,2012 00 35 13 BID FORM Page 1 of 1 SECTION 00 3513 CONFLICT OF INTEREST AFFIDAVIT Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth(also referred to as"City")procurement are required to complete Conflict of Interest Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work.The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.Ddf hftp://www.ethics.state.tx.us/forms/CIS.adf CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary E CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary _ BIDDER: Conatser Construction TX,LP By: Jerry Conatser PO Box 15448 Signature: Fort Worth,Texas 76119 0 President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120327 Copy of 00 41 00 00 43 13 00 42 43_00 43 37_00 45 1200 35 12 Bid Proposal Workbook 00 4`100 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The City Manager Go:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Upper Sierra Vista Drainage Improvements City Project No.: 00672 Units/Sections: 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 2.10 In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing With the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group,association,organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. d. "coercive practice"means harming or threatening to harm,directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120327 Copy of 00 410000 43 13_00 42 43_00 43 3700 45 1200 35 13_81d Proposal Workbook 4� 00 41 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. None b. None c. None d. None 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 390 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form,Section 00 4100 b. Required Bid Bond,Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form,Section 00 42 43 d.Vendor Compliance to State law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit,Section 00 35 13 'if necessary,CIO or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS rm FaRevised 20120327 Copy of 00 410000 43 13 00 42 4300 43 37_00 4512_00 35 13Bid Proposal Workbook 00 41 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items Total Base Bid $1,356,350.30 Additive Alternate $19,110.00 Total Bid $1,375,460.30 7. Bid Submittal This Bid is submitted on 07/11/13 by the entity named below. Respectfully S itt Receipt is acknowledged of Initial the following Add By: Addendum No. 1: (Signature) Addendum No.2: Addendum No.3: Jerry Conatser Addendum No.4: (Printed Name) Title: President Company:Conatser Construction TX,LP Corporate Seal: Address: PO Box 15448 Fort Worth,Texas 76119 State of Incorporation: Texas Email: ierrv(dlconatser.com Phone: (817)534-1743 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 410000 43 13 00 42 4300 43 37_00 4512_00 35 13_BW Proposal Workbook 00 d3 4) nm PROMS& pw f l SECTION 00 42 43 PROPOSAL FORM UNIT PRICE COST Project Lem Infmtwion Bidders Proposal Bldllst Description Specification Unit of Bid Quantity Unit Price Bid Value Item No. Section No, Measure SECTION C: PAVING&DRAINAGE IMPROVEMENTS 1 0241.0500 Remove Fence 02 41 13 LF 770 S2.00 $1540.00 2 0241.0800 Remove Rip Rap 0241 13 SF 5,5W 53.00 S16.500.00 3 3110.0101 Site Clearing 311000 LS 1 S15,000.00 S1500().00 4 3110.0102 6'-12'Tree Removal M 1000 FA 49 $200.00 S9,800.00 5 3110.0104 18'-2a'Tree Removal 31 1000 EA 1 $500.00 5500.00 8 3110.0105 24'and Larner Tree Removal 31 1000 EA 11 $600.00 $6.600.00 7 3123.0101 Undassified Excavation (Including Wer-excavation 312316 CY 116,433 $9.10 $1.059,540.30 8 3125.0101 SWPPP 21 acre 312500 1 LS 1 $3000.00 $3.000.00 9 3213.0103 8'Conc Pvmt 321313 SY 10 $75.00 5750.00 10 3213.0301 4'Conc Sidewalk 321320 SF 200 54.00 S800.00 11 3216.0101 6'Conc Curb and Gutter 321613 LF 438 $26.00 510950.00 12 3231.0123 6'Chain Link Aluminum 32 31 13 LF 645 S30.DO 519950.00 13 3291.0100 Topsoil 3291 19 CY 1,520 54.00 56,080.00 14 3292.0400 Seecling,Hydromulch 32 92 13 SY 9120 $1.00 $9.120.00 15 3341.0204 24'HOPE Pie 33 41 11 LF 107 SW.00 S6 420.00 16 3349.5001 10'Curb Inlet 33 49 20 1 EA 1 $3.000.001 $3.000.00 17 3471.0001 Traffic Control 34 71 13 MO 18 $200.00 S3,600.0() 18 P550 Turf/Earth Reinforcement Mat 6.5kS5'Inc.EA400 and EA680 Earth Anchors 999901 ROLL 35 S2000.00 570.000.00 19 OS 75 Straw Net Blanket 8'x112.5'Inc.Bk7Stakes WO/box lbox2000SF 999903 ROLL 100 $225.00 522.500.00 20 Energy Dissipation Structure 99 99 05 EA 1 500.00 S3,500.00 9999 Pre-Bid hem-Stotmvrater Field Order Allowance 000000 Fly 1 S87,800.00 587,800.00 Subtotal-Paving&Drains a Improvements Total Base Bid S1,356,350.30 AdditWe Alternate Cost Bldlist Description Specification Unit or Bid Quantity Unit Price Bid Value Item No. Section No. Pleasure 1 3231.0123 6'Chain Link Akiminum 3231 13 LF 587 $30.00 S17,610. 2 3231.0305 12'Gate Steel 32 31 26 EA 1 $1,500.0 S1300.00 Total Addillm Alternate Cost S19.110.00 Total Cost SI 75 6(1.30 Cliff OF FORT WORTH Sin.'UARU CrAWIRI.Y'na42FWWrATM DUCLNUN S F-R.A4ad 301 M37 C91yorW 41600043 1)90414)00 d)3700 as 13_90)1 1)aid Pn mW Wo&buk 004313 BID BOND Page 6 of B SECTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) Company Name Here hereinafter called the Principal.and Sure Name N�.MIN Pa (Surety ) ..1`� a corporation or firm duly authorized to transact surety business in the State of Texas,hereinafter called the Surety,are held and firmly bound unto the City, Thereinafter Called the Obligee, in the sum of .� Qut Pfurtlarx;}i�t1s` M x3 and No/100 Dollars (� Numerais Here .00), the payment of which sum will be well and truly made and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Upper Sierra Vista Drainage Improvements 0 NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing With the Obligee in accordance with the terms of such proposal,then this bond shall be null and void.if the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance With the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance With the proposal,this bond shall become the property of the Obriigee,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 .2013. By: Company Name Here (Signature and Title of Principal) (Signature of ANDmey-of-Fact) 'Attach Power of Attorney(Surety)for Attomey4n-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 410000 43 13 00 42 43—OD 43 37 00 45 12 00 3513_B4 Proposal Workbook 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders.This law provides that, in order to be awarded a contract as low bidder, nonresident_bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas)bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder.Resident bidders must check the box in Section B. A Nonresident bidders in the State of Starap ,our principal place of business, are required to be %Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of zStatehl-l�r'*ggtaiite?,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. R1 BIDDER: Conatser Construction TX,LP By:Jerry Conatser PO Box 15448 , Fort Worth,Texas 76119 ( Ignature) 0 Title: President Date: �u.1`.,� END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110627 Copy of 00 410000 43 13 00 42 4300 43 37_00 4512_00 3513_Sid Proposal Workbook 004511-1 BIDDERS PREQUALIFICATIONS Page I of 3 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary.All contractors are required to be prequalified by the City prior to submitting bids.To be eligible to bid the contractor must submit Section 00 45 12,Prequalification Statement for the work type(s)listed with their Bid.Any contractor or subcontractor who is not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor.The information must be submitted seven(7)days prior to the date of the opening of bids. For example,a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31 st day of March in order to bid on these projects.In order to expedite and facilitate the approval of a Bidder's Prequalification Application,the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements,if any b. A certified copy of the firm's organizational documents(Corporate Charter,Articles of Incorporation,Articles of Organization,Certificate of Formation,LLC Regulations,Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun&Bradstreet.This number is used by the City for required reporting on Federal Aid projects.The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification.These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised July 1,2011 Mn 0045 11-2 BIDDERS PREQUALIFICATIONS +i Page 2 of 3 (2) To be satisfactory,the financial statements must be audited or reviewed by an independent,certified public accounting firm registered and in good standing in any state.Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual,corporation,or limited liability company. (4) Financial Statements must be presented in U.S.dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact,independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America.This must be stated in the accounting firm's opinion. It should:(1)express an unqualified opinion,or(2)express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter,in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts.Bidding capacity is determined by multiplying the positive net working capital(working capital=current assets—current liabilities)by a factor of 10.Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time anew financial statement is being prepared,the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequaliflcation Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report,the notation of "None"or"N/A"should be inserted. (2) A minimum of five(5)references of related work must be provided. - (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer,model and general common description of each piece of equipment.Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject,suspend,or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised July I,2011 F 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised July 1,2011 00 45 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date None Conatser Construction TX, LP (paving&Strom drain) 1/1/2015 None Company Name here or space Gate Here or space None Company Name Here or space date Here or space None Company Name Dere or space Gate Heft, or space The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Conatser Construction TX, LP By: JeXcon er PO Box 15448 Fort Worth, Texas 76119 (Signature) 0 / Title: President Date: J u\J d END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Copy of 00 41 00 00 43 13 00 42 4300 43 37_00 45 1200 35 13—Bid Proposal Workbook FORT WORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership Name under which you wish to qualify General Partnership Corporation Limited Liability Company Post Office Box City State Zip Code �m Street Address(required) City State Zip Code ( 1 ( 1 Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No.(if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: • (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees - and/or Has less than$6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department *� Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches,and 350 LF or less . Tunneling-36-Inches—60—inches,and greater than 350 LF Tunneling—66"and greater,350 LF and greater Tunneling—66"and greater,350 LF or Less Cathodic Protection Water Distribution,Development,8-inch diameter and smaller Water Distribution,Urban and Renewal, 8-inch diameter and smaller Water Distribution,Development, 12-inch diameter and smaller Water Distribution,Urban and Renewal, 12-inch diameter and smaller Water Transmission,Development,24-inches and smaller Water Transmission,Urban/Renewal,24-inches and smaller Water Transmission,Development,42-inches and smaller Water Transmission,Urban/Renewal,42-inches and smaller Water Transmission,Development,All Sizes Water Transmission,Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV,24-inches and smaller CCTV,42-inches and smaller CCTV,48-inches and smaller CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised December 20,2012 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES,CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP,24-inches and smaller Sewer CIPP,42-inches and smaller Sewer CIPP,All Sizes Sewer Collection System,Development,8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System,Development, 12-inches and smaller Sewer Collection System,Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development,24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development,48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement,All Sizes Sewer Cleaning, 24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Lj Sewer Siphons All Sizes i 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 J� 1 CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised December 20,2012 0045 13-4 BIDDER PREQUALIFICATION APPLICATION r. Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: i 3. How many years of experience in construction work has your organization ." had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so,where and wliy? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual,other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual,name of owner and reason. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised December 20,2012 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so,when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal .� materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner,officer,director, or stockholder of your fine is an employee of the City,or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse,child,or parent of an owner, officer,stockholder,or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition.This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised December 20,2012 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general,limited,or registered limited liability partnership? Vice Presidents File No.(if Limited Partnership) General Partners/Officers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles,if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised December 20,2012 on 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 .x 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 Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised December 20,2012 a t 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the ` entity herein first named, as of the date herein first given;that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information,while this statement is in force,necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of ' the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer,director,or stockholder or relative thereof, CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised December 20,2012 00 45 26-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 I, CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 0(0 672)Contractor further certifies that,pursuant to Texas Labor Code,Section 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Conutsfr C m A is Lf By: e r Company T (Plea t) 9-0. o n ( 4 Signature: Address _��� ( o✓k.Yl." `11� t ltle: rl City/Sta�te/Zip (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally Y aPPear'ed fY -b ,known to me to be the person whose name is subscriti d to the foregoing instrument,and acknowledged to me that he/she executed the same as the act and deed of Cpyy-%Sa�COrI5+,y.c LJ I t",T,\,L p for the purposes and *" consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20Z L.VICKI LOLSON UJyY� `�pY PVI y ul '•` � Notary Public,State of Texas - My Commission Expires Notary Public in and for the State of Texas November 12, 2013 END OF SECTION CITY OF FORT WORTH Upper Sierra Vista Drainage improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised July 1,2011 004540-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 SECTION 00 45 40 MINORITY BUSINESS ENTERPRISE GOAL APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. MBE PROJECT GOAL The City's MBE goal on this project is 11% of the total bid (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 3. Good Faith Effort documentation,or; 4. Waiver documentation. Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- responsive.Any questions,please contact the M/WBE Office at(817)392-6104. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing = Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed py will not be ampted. 1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if participation is less than the bid opening date,exclusive of the bid opening date. statedgoal: - 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. END OF SECTION CITY OF FORT WORTH Upper Sierra Vista Drainage improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised December 20,2012 i . FORT WORTHO City of Fort Worth Transportation &Public Works Department ADDENDUM No. 1 To the Specifications and Contract Documents FOR DRAINAGE IMPROVEMENTS TO SERVE UPPER SIERRA VISTA D.O.E. PROJECT NO.5691 CITY PROJECT NO. 00672 Addendum No. 1 - Issue Date: July 2, 2013 Bid Receipt Date: July 11, 2013 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: QUESTIONS&ANSWERS: • Q: Was the pre-bid meeting on June 25, 2013 mandatory? A: No • Q: Is there a designated haul-off site? • A: No, the excavated material becomes responsibility of the contractor for haul-off/disposal PLEASE MAKE NOTE OF THE FOLLOWING REVISION; PLAN SHEET DOCUMENTS: SHEET 5—GRADING PLAN REPLACE THE SHEET IN THE PLAN SET WITH THE ATTACHED SHEET 14—POST CONSTRUCTION TURF REINFORCEMENT PLAN REPLACE THE SHEET IN THE PLAN SET WITH THE ATTACHED SHEET 15—iSWM CONSTRUCTION PLAN REPLACE THE SHEET IN THE PLAN SET WITH THE ATTACHED SHEET 19—iSWM CONSTRUCTION DETAILS REPLACE THE SHEET IN THE PLAN SET WITH THE ATTACHED SPECIFICATIONAND CONTRACT DOCUMENTS: 00 42 43—Bid Proposal Form REPLACE THE BID PROPOSAL FORM IN THE SPECIFICATION BOOK WITH THE ATTACHED ADDENDUM NO. 1 July 2, 2013 vrjt)hl4r,. VO kit, Lr t i IVI-OR lip III*- Bjj) �'o*Kw Im WE ^t:q Polk$-. #1-11] T tW J&f-\1';4 et.L ftj I I 1 1,tj jr All FEI [A A ILLYCH yj F'10 i JX4 4-441J NVI-r "I WE Flirr t ]A 11301 lot,111COIJU 0.1-11H 116i *I 17f M11 V:- o7. tpjAWq*j(x OL WFj-'JLJ4L-w4t 1, W', I-MW MCI p js baa W, 1.' M Ir1LiE bwmNwqm amp"9LO;0000 uQmQq Ot spr. imisommal �ri 9�,,i c'Y4, j,.6 onva uwAsjr-bG ot hfi-ru;Kr ;'arawe if X fvL siscf omr1wGuR (-jWQsj- WN6 wmib; 4 am �v;r;uc,-.0 to i nic- qiq rauitt*ct tvxAuLfG1jr.. I LF UZ r—vw4lcfv� umbi 01 41ka f 6 1 suf4 K'Uf-"XLL- 1:01-111; VS;r q 41- jr, rot*wr,, qmfjjvm.ja! a.(j6q, 9' LG j,4t24jjcLjWjz lit; VLrq VjuMbg MW-MA nt $043 woesm"m Ob. I � pam'C"lfpkv 3()Tl CUA bbVaK4"W OW 0'4XF' WKVIECL M'Ml Ob 161 VOTS fWbbUAFWft12 19 rwW nkbM 2TF"V AIPIV WIS. ILUIRMLIPOW V baW MOP DGbM4%0*ut Q(A IX L4X4 MOW 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on August 20, 2013 is made by and between the City of Fort 5 Worth, a Texas home rule municipality,acting by and through its duly authorized City Manager, 6 ("City"), and Conatser Construction TX ,LP, authorized to do business in Texas, acting by and 7 through its duly authorized representative,("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Upper Sierra Vista Drainage Improvements 17 City Project No. 00672 18 Article 3.CONTRACT TEKE 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 390 days after the date when the 24 Contract Time commences to run as provided in Paragraph 2.03 of the General 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 Six Hundred Fifty & no/100 Dollars ($650) 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 Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00672 Revised December 20,2012 005243-2 Agreement Page 2 of 4 1 Article 4. CONTRACT PRICE 2 City agrees to pay Contractor for performance of the Work in accordance with the Contract 3 Documents an amount in current funds of One Million,Three Hundred Seventy-Five Thousand, 4 Four Hundred Sixty and 30/100 Dollars($1,375,460.30). 5 Article 5.CONTRACT DOCUMENTS 6 5.1 CONTENTS: 7 A. The Contract Documents which comprise the entire agreement between City and 8 Contractor concerning the Work consist of the following: 9 1. This Agreement. 10 2. Attachments to this Agreement: 11 a. Bid Form 12 1) Proposal Form 13 2) Vendor Compliance to State Law Non-Resident Bidder 14 3) Prequalification Statement 15 4) State and Federal documents(project speck) 16 b. Current Prevailing Wage Rate Table 17 c. Insurance ACORD Form(s) 18 d. Payment Bond 19 e. Performance Bond 20 f. Maintenance Bond 21 g. Power of Attorney for the Bonds 22 h. Worker's Compensation Affidavit 23 i. MWBE Commitment Form 24 3. General Conditions. 25 4. Supplementary Conditions. 26 5. Specifications specifically made a part of the Contract Documents by attachment 27 or, if not attached, as incorporated by reference and described in the Table of 28 Contents of the Project's Contract Documents. 29 6. Drawings. 30 7. Addenda. 31 8. Documentation submitted by Contractor prior to Notice of Award. 32 9. The following which may be delivered or issued after the Effective Date of the 33 Agreement and, if issued,become an incorporated part of the Contract Documents: 34 a. Notice to Proceed. 35 b. Field Orders. 36 c. Change Orders. 37 d. Letter of Final Acceptance. 38 39 CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00672 Revised December 20,2012 005243-3 Agreement Page 3 of 4 1 Article 6. INDEMNIFICATION 2 1.2 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 3 expense, the city, its officers, servants and employees, from and against any and all 4 claims arising out of,or alleged to arise out of, the work and services to be performed 5 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 6 under this contract. This indemnification provision is specifically intended to operate 7 and be effective even if it is alleged or proven that all or some of the damages being 8 sought were caused, in whole or in part, by any act,omission or negligence of the city. 9 This indemnity provision is intended to include, without limitation, indemnity for 10 costs,expenses and legal fees incurred by the city in defending against such claims and 11 causes of actions. 12 13 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 14 the city,its officers,servants and employees,from and against any and all loss,damage 15 or destruction of property of the city,arising out of,or alleged to arise out of,the work 16 and services to be performed by the contractor, its officers, agents, employees, 17 subcontractors, licensees or invitees under this contract. This indemnification 18 provision is specifically intended to operate and be effective even if it is alleged or 19 proven that all or some of the damages being sought were caused, in whole or in part, 20 by any act,omission or neglieence of the city. 21 22 Article 7.MISCELLANEOUS 23 7.1 Terms. 24 Terms used in this Agreement which are defined in Article I of the General Conditions will 25 have the meanings indicated in the General Conditions. 26 7.2 Assignment of Contract. 27 This Agreement, including all of the Contract Documents may not be assigned by the 28 Contractor without the advanced express written consent of the City. 29 7.3 Successors and Assigns. 30 City and Contractor each binds itself, its partners, successors, assigns and legal 31 representatives to the other party hereto, in respect to all covenants, agreements and 32 obligations contained in the Contract Documents. 33 7.4 Severability. 34 Any provision or part of the Contract Documents held to be unconstitutional, void or 35 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 36 remaining provisions shall continue to be valid and binding upon CITY and 37 CONTRACTOR. 38 7.5 Governing Law and Venue. 39 This Agreement, including all of the Contract Documents is performable in the State of 40 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 41 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00672 Revised December 20,20I2 005243-4 Agreement Page 4 of 4 l 7.6 Other Provisions. 2 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 3 classified, promulgated and set out by the City, a copy of which is attached hereto and 4 made a part hereof the same as if it were copied verbatim herein. 5 7.7 Authority to Sign. 6 Contractor shall attach evidence of authority to sign Agreement, if other than duly 7 authorized signatory of the Contractor. 8 9 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 10 counterparts. 11 12 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 13 1ra� City of Fort Worth TY a Fernando Costa B Assistant City Manager (Signature) Date O Attest,; (Printed Name) (seal) Secretary ®R T _ ,. L Title: W61dOMA 'p Address: ~ 8= M&C C-2-& HS V �` Date: 912-b 113 * T00 EX�ra CitY/StateJZip:f� 4 LAM 4A L TIC I(o( (q Approved as to Form and Legality: Date betig6s W. Blaeke M, Assistant City Attorney 14 15 16 APPROVAL RECON ffiNDED: 17 18 19 20 Douglas )Wiersig,P.E. 21 DIRECTOR, 22 Transportation and Public Works D artment 23 CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00672 Revised December 20,2012 0061 13-1 PERFORMANCE BOND Page 1 of 3 Bond No: 022045118 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, CONATSER CONSTRUCTION TX ,LP, known as "Principal' herein 9 and LI= HMAL INSURANCE C WANY , a corporate surety(sureties, if 10 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, 13 ONE MILLION, THREE HUNDRED SEVENTY-FIVE THOUSAND, FOUR HUNDRED 14 SIXTY AND 301100 DOLLARS ($1,375,460.31), lawful money of the United States,to be paid 15 in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, 16 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 17 severally,firmly by these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the 19 City awarded the AUGUST 20, 2013,which Contract is hereby referred to and made a part hereof 20 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 21 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 22 provided for in said Contract designated as Upper Sierra Vista Drainage Improvements, City 23 Project No. 00672. 24 25 NOW, THEREFORE, the condition of this obligation is such that if the said 26 Principal shall faithfully perform it obligations under the Contract and shall in all respects duly 27 and faithfully perform the Work, including Change Orders, under the Contract, according to the 28 plans, 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. CITY OF FORT WORTH Upper Siena Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00672 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 3 1 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the 27th day of August 9 52013 10 PRINCIPAL: 11 Conatser Construction TX, LP 12 13 14 BY: 15 ignature 16 ATTEST: 17 Jerry Conatser, President of Conatser 18 Management Group, Inc., GP 19 (Principal)Secretary Name and Title 20 21 Address:P• 0. Box 15448 22 r I rUI Fort Worth, TX 76119 23 24 N/l , 25 Witness as to Principal 26 SURETY: 27 Liberty Mutual Insurance Company 28 29 30 BY: 31Si afore 32 Gle S. Davis, 33 Attorney-in-Fact 34 Name and Title 35 36 Address: 175 Berkeley Street 37 Boston MA 02117 38 39 40 Witness as to Surety Telephone Number: 972-233-9588 41 Nikki Adams 42 43 44 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 45 from the by-laws showing that this person has authority to sign such obligation. If 46 Surety's physical address is different from its mailing address, both must be provided. 47 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00672 Revised July 1,2011 0061 13-3 PERFORMANCE BOND Page 3 of 3 I CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00672 Revised July 1,2011 0061 14-1 PAYMENT BOND Page 1 of 2 Bond No: 022045118 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 "Principal" herein, and 8 I.TTEM NQTCIIAL INSURANCE C eANY , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of ONE MILLION, THREE HUNDRED SEVENTY-FIVE THOUSAND, FOUR 13 HUNDRED SIXTY AND 301100 DOLLARS ($1,375,460.30), lawful money of the United 14 States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and 15 truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 16 jointly and severally, firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 AUGUST 20, 2013 which Contract is hereby referred to and made a part hereof for all purposes 19 as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as 20 defined by law, in the prosecution of the Work as provided for in said Contract and designated as 21 Upper Sierra Vista Drainage Improvements,City Project No.00672. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00672 Revised July 1,2011 006114-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 27t1iday of August --,20--13 �r 3 PRINCIPAL: Gonatser Construction ZX, LP ATTEST: BY: re erry Conatser, President of Conatser Management Group, Inc., GP (Principal)Secretary Name and Title Address: P. 0. Box 15448 Fort Worth, ZX 76119 Witness as to Principal SURETY: Liberty Mutual Insurance Gomuany ATTEST: BY: Sign re Gle S. Davis Attorney-in7Fact (Surety) Secretary Name and Title Address: 175 Berkeley Street I-A a4o�?�' Boston, MA 02117. Witness as to Surety Nikki Adams Telephone Number: 972-233-9588 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CrrY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00672 Revised July 1,2011 006119-1 MAINTENANCE BOND Page 1 of 3 Bond No: 022045118 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we CONATSER CONSTRUCTION TX ,LP, known as "Principal' herein and 9 Liberty Mutual Insurance Company , a corporate surety (sureties, if more than 10 one)duly authorized to do business in the State of Texas, known as"Surety"herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of ONE 13 MILLION, THREE HUNDRED SEVENTY-FIVE THOUSAND, FOUR HUNDRED 14 SIXTY AND 301100 DOLLARS ($1,375,460.30), lawful money of the United States,to be paid 15 in Fort Worth,Tarrant County,Texas,for payment of which sum well and truly be made unto the 16 City and its successors, we bind ourselves, our heirs, executors, administrators, successors and 17 assigns,jointly and severally, firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the AUGUST 20, 2013, which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order (collectively herein, the "Work") as provided for in said contract and 24 designated as Upper Sierra Vista Drainage Improvements,City Project No. 00672;and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00672 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. ` 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 w P P P CITY OF FORT WORTH Upper Sierra Vista Drainage hnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00671 Revised July 1,2011 P 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the27th day of August 3 4 PRINCIPAL: 5 Conatser Construction TX, LP 6 7 ` - 8 BY: 9 i 10 ATTEST: Jerry Conatser, President of Conatser 11 Management Group, Inc., GP 12 13 (Principal)Secretary Name and Title 14 15 Address: P. 0. Box 15448 16 Fort Worth, Tx 76119 17 18 V& VK 19 Witness as to Principal 20 SURETY: 21 Liberty Mutual Insurance CQMmy 22 23 ' 24 BY: 25 gnature 26 Glenna S. Davis, 27 Attorney-im-Fact 28 ATTEST: Name and Title 29 30 Address: 175 Berkeley Street 31 (Surety)Secretary Boston, MA 02117 32 33 34 Witness as to Surety Telephone Number: 972-233-9589 35 Nikki Adams 36 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00672 Revised July 1,2011 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. 5591423 American Fire and Casualty 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, Carolyn Many;rathy Vinson;Glenna G. Davis;Greg A.Wilkerson:John FIL Wilson all of the city of Fort Worth state of TX each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge 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 Power ofAttomey has been subscribed by an authorized officeror official of the Companies and the corporate seal s of the Companies have been affixed thereto this 28th day of September 2012 , AN F/q tj INS& American Fire and Casualty Company The Ohio Casualty gYInsurance Company Y� Z Liberty Mutual Insurance Company a SERI "" ¢ 1941 < 'z SEAT. Peerless Insurance Company West American Insurance Company �Gg4A(cr cO�QP 1 C By: `� t Gregory W.Davenport,Assistant Secretary s � STATE OF WASHINGTON ss G ! u 3 COUNTY OF KING �y ! mOn this 28th day of September 2012before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and v(11 jCasualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being m y > 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. C ! n 3 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. Q C L..a w . ®R 8 m L Z L 9Ft_37ka"i BY: GI ! f Riley No Public ; s o o E a L This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Aullioiizations ofAmerican Fire and Casualty Company,The Ohio Casualty Insurance A C 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: -a w eL o ! Cm ARTICLE N—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 a e to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, .a ai acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective _ a i R 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 >1 L 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-fact under m ci v 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. �� a ARTICLE 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, r~r v and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, O c seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their y 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 FO executed such instruments shall be as binding as'If signed by the president and attested by the secretary. 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 attorney-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 coned 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 my hand and affixed the seals of said Companies this 27th day of AUR 1st 20 13 "CAN F/Rfi SY INSUe gURItkOF gt AMa:q�Cq• f! °AJC+ � v4 wWr ` �n °WTi P o `0 v,i 1941 � � By:BF.AL. 11WAI0 SEAL, = David M.Carey,Assistant Secretary (TY COMHyl �� S NE:�� �R'�NCE C0�4t POA-AFCC,LMIC,OCIC,PIC 8 WAIC 448 Of 500 LMS 12873 041012 Liber Mutual, ■ SURETY Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Con sum erProtectionc(D.tdi.state.tx.us Premium or Claim Disputes Should 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. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Pagel W2 Rev.7.1.07 DATE(MMIDDNYYY) A�REP CERTIFICATE OF LIABILITY INSURANCE 8/28/2013 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 AIC(A/c NoNo:(917)457-7246 1121 E. Loop 820 South E-MAIL P 0 Box 8720 INSURER(S)AFFORDING COVERAGE NAIC s Fort Worth TX 76124-0720 INSURER A'Bituminous Fire 6 Marine 20109 INSURED INSURERBBituminous Casualty Corp 20095 Conatser Construction TX, LP INSURERC: P.O.BOX 15448 INSURER D: INSURER E: Fort Worth TX 76119 INSURER F: `COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE A L B POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD MMIDD GENERAL LLABIL17Y EACH OCCURRENCE $ 1,000,000 AG 0 RENTED X COMMERCIAL GENERAL LIABILITY PREMIE a occurrence $ 100,000 A CLAIMS-MADE FXI OCCUR CLP 3 589 803 /1/2013 /1/2014 MED EXP(Any one person) $ 5,000 X CONTRACTUAL, ?CCU PERSONAL 8 ADV INJURY $ 1,000,000 X INDEP CONT, 13FPD GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: [PRODUCTS-COMP/OP AGG $ 2,000,000 POLICYFX—]PRO- LOC $ JECT _7]AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea a.d.nI 1 000 000 AX ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED 3 589 805 /1/2013 /1/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE _ AUTOS Per accident PIP-Basic $ X UMBRELLA LWB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DEO I X I RETENTIONS 10,00 P 2 802 669 8/1/2013 /1/2014 $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory In NH) WC 3 589 804 /1/2013 /1/2014 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yea,describe 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,If more space is required) UPPER SIERRA VISTA DRAINAGE IMPROVEMENTS, CITY PROJ $ 00672, DOE N 5691. ALL POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT 6 THE GL, AUTO b UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED 6 WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED 6 THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS. THE GL ADDITIONAL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY 6 NONCONTRIBUTORY WORDING. THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT WORTH ACCORDANCE WITH THE POLICY PROVISIONS, 1000 THROCKMORTON ST FORT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE Charles Sweeney/JOYCE ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSO25r7ninnsinl Tho AI^npn namo anri Inn^aro ranie}oro,{marine^f Af'-(1RI1 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 SECTION 00 6125 CERTIFICATE OF INSURANCE [.4sseinbler: For Corm act Document execution, remove this page and replace with standard AC ORD Cer4ftcute of Insm•ance,form.l END OF SECTION CRY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised July 1,2011 007000-1 MOBILIZATION AND REMOBILIZATION Page 1 of 3 SECTION 00 70 00 MOBILIZATION AND REMOBILIZATION PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 2. Mobilization and Demobilization a. Mobilization: 1) Transportation of Contractor's personnel,equipment,and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel,equipment,and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from one location to another location on the Site. b. Demobilization: 1) Transportation of Contractor's personnel,equipment,and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of r work that are for which payment is provided elsewhere in the contract. 3. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization: a) Transportation of Contractor's personnel,equipment, and operating supplies from the Site including disassembly or temporarily securing equipment,supplies,and other facilities as designated by the Contract Documents necessary to suspend the Work. w b) Site Clean-up as designated in the Contract Documents 2) Remobilization: a) Transportation of Contractor's personnel, equipment,and operating supplies to the Site necessary to resume the Work. go b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization tP CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised June 7,2012 r 007000-2 MOBILIZATION AND REMOBILIZATION —* Page 2 of 3 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel,equipment,and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's •� operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel,equipment,and operating =, supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from City of Fort Worth Standards 2. None C. Related Specification Sections include but are not necessarily limited to 2. Division 0-Bidding Requirements,Contract Forms,and Conditions of the Contract. 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 2. Mobilization and Demobilization a. Measurement and Payment 1) Work associated with this Item is considered subsidiary to the various items _ bid. No separate payment will be allowed for this item. 3. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization preformed. b. Payment I) The work performed in accordance with this Item will be paid for at the unit price per each"Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time,or lost profits associated this Item. 4. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of 00 72 00 General Conditions. CRY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised June 7,2012 rr 007000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 3 2) No payments will be made for standby, idle time,or lost profits associated with this Item. 5. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed in accordance with this Item will be paid for at the unit price per each"Work Order Mobilization"in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) 3) No payments will be made for standby, idle time,or lost profits associated this Item. 6. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed in accordance with this Item will be paid for at the unit price per each"Work Order Emergency Mobilization'in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) 3) No payments will be made for standby, idle time,or lost profits associated this Item. 1.3 TO 1.12 [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3- EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE [2010 JAN 061 CITY OF FORT WORTH Upper Sierra Vista Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00672 Revised June 7,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 MR STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending, Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 �« 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................I I Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions;Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 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 SPECIFCATION DOCUMENTS Revision:Demnber21,2012