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HomeMy WebLinkAboutContract 47924 FORT WORTH cmr sECI�T CONMCT NO. PROJECT MANUAL FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-B, PART 1 (HARWEN TERRACE, ODESSA AVENUE, MERIDA AVENUE, AND WAYSIDE AVENUE) City Project No.02436 DOE No. 7433 Betsy Price David Cooke Mayor City Manager John Robert Carman Director, Water Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth OFFICIAL:RECORD Water Department ��� arCITY SECRY lune 2015P'T.WORX DANIEL AARON 1itEJrPER DUNAWAY 8- 366 DUNAWAY ASSOCIATES,L.P. FSS• / i� 550 Bailey Avenue,Suite 400 A E Ft.Worth,TX 76107 Office: 817-335-1121/Fax:817429-1370 rib. O www.dunaway-assoc.com G� lot DALP#B001386.001 S�cR Q� FORTWORTH. City of Fort Worth Table of Contents 000000-1 TABLE OF CONTENTS Page I of 5 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequaliftcations 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01-General Requirements 01 1100 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 013216 Construction Progress Schedule 01 32 33 Preconstruction Video 01 33 00 Submittals 0135 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 55 26 Street Use Permit and Modifications to Traffic Control 0157 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 7123 Construction Staking and Survey 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part I Revised November 22,2013 City Project No.02436 000000-2 TABLE OF CONTENTS Page 2 of 5 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: bVs://projNWint.buzzsaw.com/clienttfowoworthgrn/Resources/02%20- %20Construction%2ODocuments/SMifications 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 34 13 Controlled Low Strength Material(CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 31 -Earthwork 31 1000 Site Clearing 3123 16 Unelassified E-meave6en 912323 BeFMW 312400 Embankments 31 25 00 Erosion and Sediment Control 3196 00 G.a,.:,..... 3137-00 Ripmp Division 32 -Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 1123 Flexible Base Courses, 722--11-11 29 Lii a'Tm Base CCS 32 11-33 Cement Tmated Base Courses 32 12 16 Asphalt Paving 32 1273 Asphalt Paving G k sealaws 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 321416 Br-iek Unit Paving 3216 13 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 3231 13—hnift Fenees and,Gates 323126 Wife Fenees and Gates 323129 Wood-Fenees and Gates 3232 19 Cast-in Plaeo GeawOe RoWif"g Wells 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding,and Sodding CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised November 22,2013 City Project No.02436 000000-3 TABLE OF CONTENTS Page 3 of 5 32 93 43 Trees and Shrubs Division 33-Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television(CCTV)Inspection 3303 10 Bypass Pumping of Existing Sewer Systems 3304 H Geriesien Gentml Tet Stu vers 3304 12 Magnesium Anede Gathedie Pmteefien System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation,Embedment,and Backfill 3305 12 Water Line Lowering 3305 13 Frame,Cover and Grade Rings 3305 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade 3305 16 Generete Water Vauks 3305 17 Concrete Collars 3305 21 Tunnel 7 : _Plate 'PTL. 330522 steel Caging Pipe 33 05 30 Location of Existing Utilities 33 1105 Bolts,Nuts,and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 33 11 14 9 _:ea Steel Pipe and FktkW 33 1210 Water Services 1-inch to 2-inch 33 1211 r.._ VAAer-M 33 1220 Resilient Seated Gate Valve 33 1221 AWWA Rubber- Seated 33 1225 Connection to Existing Water Mains 33 1230 Combination Air Valve Assemblies for Potable Water Systems 33 1240 Fire Hydrants 33 1250 water Samos 9tafiefis 33 1260 Standard Blow-off Valve Assembly 3331 12- Gund in p1me Pipe(GIPP) 33 31 20 Polyvinyl Chloride(PVC)Gravity Sanitary Sewer Pipe 33 31 22 eanitwy Sewer Slip 1 333123 Saaitaiy Sewer Pipe.1 dargefflefft 33 31 50 Sanitary Sewer Service Connections and Service Line 33 39 10 Cast-in-Place Concrete Manholes CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract P WSPart 1 Revised November 22,2013 City Projectt NNo.o.02436 000000-4 TABLE OF CONTENTS Page 4 of 5 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 333940 VAksWwater-Aeoess Chamber-(W-AG.) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 4600 Sabdmin� 33 4601 Sle fled Stec vrDw6as 33 4602 -r-,,neh rte g s 33 49 10 Cast-in-Place Manholes and Junction Boxes Division 34-Transportation 3441 10 T-ffiffie Signals 3441 11 Tempemr-y T-mffie Signals 34 41 13 Removing T-mffie Signals 3441 15 Reet&nulw Rapid F-1whing Beason 3441 16 Pedeshien"r-id Sigael 34 4120 Roadway illumiimfien Assemblies 34 4130 Ahmtinum Sigm 3471 13 Traffic Control Appendix GG 4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GG 4.04 undergmtMd Faegifift GG 4.06 i eus Envimamental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GG 6.09 Pefmits and U4ififies GG 6x4— NendiseFiminotien GR 0160 00 Pr-eduet Requhwnews END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised November 22,2013 City Project No.02436 M&C Review Page 1 of 4 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA '7H COUNCIL ACTION: Approved on 5/3/2016 -Ordinance No. 22183-05-2016 & 22184-05-2016 DATE: 5/3/2016 REFERENCE NO.: **C-27700 LOG NAME: 6015WSMBP1-TEJASC CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Tejas Commercial Construction, LLC, in the Amount of$863,813.75 for the Water and Sanitary Sewer Replacement Contract 2015 WSM-B, Part 1 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$952,500.00 from available funds and the Sewer Capital Projects Fund in the amount of$167,700.00 from available funds for a total amount of $1,120,200; and 2. Authorize the City Manager to execute a contract with Tejas Commercial Construction, LLC, in the amount of$863,813.75 for the Water and Sanitary Sewer Replacement Contract 2015 WSM-B, Part 1. DISCUSSION: On February 17, 2015 (Mayor and Council Communication (M&C) C-27191), the City Council authorized an Engineering Agreement with Dunaway and Associates, L.P. to prepare the plans and specifications for the Water and Sanitary Sewer Replacement Contract 2015, WSM-B. This M&C is to authorize a construction contract for the replacement of the deteriorated water and/or sanitary sewer mains as indicated on the following streets: SCOPE OF STREET FROM TO WORK Harwen Terrace W. Gambrell Street W. Fuller Avenue Water Odessa Avenue 11 W. Gambrel/Street Binyon Avenue Water Merida Avenue Drew Street 11 W. Pafford Street Water/Sewer Wayside Avenue W.Waggoman Street 11 Drew Str I Water The project was advertised for bid on July 2, 2015 and July 9, 2015 in the Fort Worth Star- Telegram. On July 30, 2015, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION CD Builders, Inc.' $ 839,192.02 160 Calendar Days R&D Burns Brothers, Inc." $ 850,584.30 - Te'as Commercial Construction LLC $ 863 813.75 - Woody Contractors Inc. $ 873 691.15 - A&M Construction and Utilities, Inc. $ 898,108.95 - William J. Schultz, Inc. dba Circle"C Construction $ 906,915.00 - Company 11 Jackson Construction, Ltd. 1 $ 953,267.30 - http://apps.cfwnet.org/council_packet/mc review.asp?ID=22197&councildate=5/3/2016 5/4/2016 M&C Review Page 2 of 4 Ark Contracting Services LLC $ 963,249 Atkins Brothers Equipment Co, Inc. $1,454,363.00 - *CD Builders, Inc., has been rejected as not qualified due to repeated failures on multiple contracts to pay subcontractors and suppliers resulting in its surety contacting the City of Fort Worth and requiring current contract payments be routed directly to it. **Due to the passage of time between the bid opening and its award, Staff contacted the next low bidder to inquire as to its readiness and willingness to perform the work at the bid prices. R&D Burns Brothers Inc., informed Staff that scheduling conflicts prevented it from being able to perform this project. Staff recommends award of contract to the third low bidder, Tejas Commercial Construction, LLC, whose bid is still within the engineer's estimate for the project and has stated its readiness and willingness to perform at its original bid prices. In addition to the contract cost, $180,700.00 (water: $133,100.00; sewer: $47,600.00) is required for engineering, project management, inspection, material testing, negative balances and $75,686.00 (water: $51,025.00; sewer: $24,661.00) is provided for project contingencies. Appropriations for the Water and Sanitary Sewer Replacement Contract 2015, WSM-B Project will consist of the following: Existing Additional Future DescriptionDescriptionj Appropriations Appropriations A ro riations Project Total Engineering 1 $424,132.00 $ 0.00 $ 0.00 $424,132.00 Project Management, Inspection, Testing and Contingencies $49,000.00 $ 256,386.00 $ 526,214.00 $ 831,600.00 Construction 1 $ 0.00 $ 863,814.00 $2,586,586.00' $3,450,400.00 Project Total1 $473,132.00 $1,120,200.00 $3,112,800.00 $4,706,132.00 Amounts rounded for presentation purposes. *Two future construction contracts and associated project costs are anticipated to be approved in Spring/Summer 2016. Appropriations for the Water and Sanitary Sewer Replacement Contract 2015, WSM-B Project will consist of the following: FUND Appropriations Water Capital Projects Fund 59601 $3,743,066.00 Sewer Capital Projects Fund 59607 $ 963,066.00 Project Total $4,706,132. Amounts rounded for presentation purposes. Construction is anticipated to commence in May 2016. The project is estimated to be completed by the end of October 2016. This project will have no impact on the Water Department's operating budget. M/WBE OFFICE - Tejas Commercial Construction, LLC, is in compliance with City's BIDE Ordinance by committing to 10 percent MBE participation. The City's MBE goal on this project is seven percent. Additionally, Tejas Commercial Construction, LLC, is a certified M/WBE firm. The project is located in COUNCIL DISTRICT 9, Mapsco 90 F, 90 H and 90 J. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22197&councildate=5/3/2016 5/4/2016 M&C Review Page 3 of 4 The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. The Fiscal Year 2016 Water Operating Budget includes appropriations of$26,068,353.00 for the purpose of providing pay-as-you-go funding for capital projects. After this transfer for Fiscal Year 2016, of $952,500.00, the balance will be $13,311,469.00. The Fiscal Year 2016 Sewer Operating Budget includes appropriations of$26,300,046.00 for the purpose of providing pay-as-you go funding for capital projects. After this transfer for Fiscal Year 2016 in the amount of$167,700.00, the balance will be $20,215,760.00. Existing Additional Future Revised Fund A ro riations A ro riations A Appropriation Appropriations* Water Operating 59601 $371,866.00 $ 952,500.00 $2,418,700.00 $3,743,066.00 Sewer Operating 59607 $101 266.00 $ 167,700 $ 694 100.00 1 963 066.00 Project Total 71 $473,132.00 $1,120,200.00 $3,112,800.00 $4,706,132.00 "Amounts rounded for presentation purposes. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 1 59601 0600430 4956001 CO2436 C017ZZ 2016 $952,500.00 1 59601 0600430 5110101 CO2436 C01780 2016 $14,400.00 1 59601 0600430 5110101 1 CO2436 C01730 2016 $15,000.00 1 59601 0600430 5310350 CO2436 C01773 2016 $8,000.00 1) 59601 0600430 5310350 CO2436 C01752 2016 $20,000.00 1) 59601 0600430 5330500 CO2436 C01784 2016 $16,400.00 1) 59601 0600430 5310350 CO2436 C01784 2016 $4,000.00 1 59601 0600430 5310350 CO2436 C01785 1 2016 $53,300.00 1 59601 0600430 5110101 1 CO2436 C01790 2016 $2,000.00 1 59607 0700430 5110101 CO2436 C01780 2016 $2,200.00 1 59607 0700430 5110101 CO2436 C01730 2016 $1,000.00 1 596071 0700430 5310350 CO2436 C01752 2016 $5,000.00 1 59607 0700430 5740010 CO2436 C01783 2016 $120,100.00 1 59607 0700430 5310350 CO2436 C01783 2016 $2,000.00 1 59607 0700430 5330500 CO2436 C01783 2016 $2,500.00 1 59607 0700430 5310350 CO2436 C01785 2016 $7,900.00 1 59607 0700430 5110101 1 CO2436 C01790 2016 $2,000.00 1 59607 0700430 5330500 CO24361 C01751 2016 $25,000.00 1 59601 0600430 5740010 CO24361 C01783 2016 $819,400.00 1)1596071 0700430 4956001 CO24361 C017ZZ 2016 $167,700.0 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 59601 0600430 5740010 CO2436 C01783 2016 $768,375.30 59607 0700430 5740010 CO2436 C01783 2016 $95,438.45 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: http://apps.cfwnet.org/council_packet/mc review.asp?ID=22197&councildate=5/3/2016 5/4/2016 M&C Review Page 4 of 4 John Carman (8246) Additional Information Contact: Walter Norwood (5026) ATTACHMENTS 6015WSMBP1 TEJASC Map01 .pdf 6015WSMBP1 TEJASC Map02.pdf 6015WSMBP1-TEJASC sewer AO.docx 6015WSMBP1-TEJASC water AO.docx Tejas LLC CPN 02436 WSM B P1 (2).pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22197&councildate=5/3/2016 5/4/2016 To: Doug Black Legal Department From: Walter Norwood Water Department Engineering Subject: Cover Letter for attached documents June 13, 2016 The following information is provided and color code as requested in the City Secretary book: Project Name: Water and Sanitary Sewer Replacement Contract 2011 WSM-B Part 1 DOE: 7433 City Project Number:2436 Contractor: Tejas Commercial Construction, LLC Attached Document: Verification of Bonds Date: On June 13, 2016 the verification was given by Cristian Betamourt of Endurance Reinsurance Corporation of America Telephone 787-250-5290 M&C for this project was approved May 3,2016 - Red Tab Color Code for requested information: Bid Tab information - Blue Tab Current Prevailing Wage Rate Table—Yellow Tab Bonding Information: Green Tab Payment Bond Performance Bond Maintenance Bond Power Attorney for Bonds Liability Insurance If you require any information please call me at 817-392-7589. CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO.1 WATER AND SANITARY SEWER REPLACEMENT CONRACT 2015 WSM-B,PART 1 CITY PROJECT No.02436 ADDENDUM RELEASE DATE:July 23,2015 BIDS RECEIVED DATE:July 30,2015 INFORMATION T4BIDDERS: The Plana, Specifications and Contract Documents for the above mentioned project are hereby revised and amended as follows: Saeciruations• L SECTION 00 42 43 Proposal Form, Delete in its entirety and replace with revised Bid Proposal Form included. Plans and Details: L Modify and replace all corresponding notes within all construction plan sheets as directed and described below: "Temporary Asphalt Pavement Repair per Spec 32 01 18(2"HMAC On 6"Flex Base)",and replace it with this note,"Temporary Asphalt Pavement Repair per Spec 32 01 18(2"HMAC On 6"Cement Treated Base)". 2. Modify and replace note on Sheet 29- Standard Paving Details(1 of I),Temporary Asphalt Pavement Repair Detail 32 01 18-D521 as directed below: "Flex Base Material for Trench Repair per Section 32 11 23" replace note with "Cement Treated Base Material for Trench Repair per Section 32 1133". Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the amended Proposal,Units I&II:Water and Sanitary Sewer Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED&ACKNOWLEDGED ADDENDUM NO.I" Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered "NON-RESPONSIVE",resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. Addendum No.1 Water and Sanitary Sewer Replacement Contract 2015 WSM-B.Part 1 City Project No.02436 Water Department John Robert Carman RECEIPT ACKNOWLEDGED: Directoorte B . ter By: (6 J 0' Tony Sholola, P.E. Company: Engineering Manager(Water Dept.) Of �.•�vAA•TR€MPEFiS "3 •••..•'•0 7-ZZ-15 Addendum No.1 Water and Sanitary Sewer Replacement Contract 2015 WSM4 Part 1 City Project No.02436 . 1 0909 •••.•••••••• ••..� 101.- . S CITY OF FORT WORTH f WATER DEPARTMENT 1r�t� r�cENS��•r ADDENDUM NO.2 �2yis WATER AND SANITARY SEWER REPLACEMENT CONRACT 2015 WSM-B,PART 1 CITY PROJECT No.02436 ADDENDUM RELEASE DATE:July 24,2015 BIDS RECEIVED DATE:July 30,2015 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are hereby revised and amended as follows: SDecflicatioa: 1. SECTION 00 41 00 Bid Form,Section 4.1 Time of Completion,replace 150 days with 170 days. 2. SECTION 00 52 43 Agreement,Article 3.2 Final Acceptance,replace 150 days with 170 days. J. SECTION 00 5143 Agreement,Article 3.3 Liquidated Damages,revise a portion of last sentence of paragraph to read, Contractor shall pay City Three Hundred and Fifteen Dollars(=315.00)for each day. Clarifications: 1. The contractor shall disregard notes in the plans referring to gas lines to be replaced by others or the gas pipeline owner.Gas pipeline replacement will be at the discretion of the pipeline owner. It is the stated intent of the gas pipeline owner to replace existing cast iron pipes prior to the construction of water and sewer lines. Please acknowledge mceipt of the Addendum in the following locations: (1) In the space provided below (2) In the amended Proposal,Units I&U:Water and Sanitary Sewer Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED&ACKNOWLEDGED ADDENDUM NO.2" Failure to acknowledge the receipt of Addendum No.2 could cause the subject bidder to be considered "NON-RESPONSIVF.",resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. Water Department John Robert Carman RECEIPT ACKNOWLEDGED: Director 40104 Y Tony Sholola,P.E. cornimm: e- Engineering Manager(Water Dept) Addendum No.2 Water and Sanitnry Sewer Replacarnent Contract 2015 W5M-9,Part t CNy Prated No.02438 CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO.3 WATER AND SANITARY SEWER REPLACEMENT CONRACT 2015 WSM-B,PART 1 CITY PROJECT No.02436 ADDENDUM RELEASE DATE:July 28,2015 BIDS RECEIVED DATE:July 30,2015 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are hereby revised and amended as follows: Specifications: 1. SECTION 00 45 40 Minority Business Enterprise Goal,replace old form dated December 20, 2012 with latest form revised by City on June 9,2015,see attached. Clarifications: 1. A 7•/MBE goal has been assigned to this project. The following are amendments to the Business Diversity Fnterprise(BDE)Ordinance: • Contractors to submit BDE documentation in 2 days. • BDE Documentation must be received by the Purchasing Division by 2pm,on the second City business day after bid opening,exclusive of bid opening day. • If the first Offeror/Contractor does not submit the documentation as required they will be deemed non-responsive. • Project Manager will notify the second offeror in writing that they have until the second City business day by 2pm to have docs in Purchasing Division, • If second offeror is non-responsive the Project Manager will notify the third offeror in writing that they have until the second City business day by 2pm to have docs in Purchasing Division. • 2 day submittal requirement begins on Goals set on April 1"going forward. • MBEs and SBEs with a Principle Place of Business outside of the 6 County Marketplace must have a Significant Business Presence. • Updated BDF.,(M/WBE)Forms with 2 day submittal requirement are available on Buzrsaw and Public Folders M/WBE. Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) in the amended Proposal,Units I&I1:Water and Sanitary Sewer Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED&ACKNOWLEDGED ADDENDUM NO.311 Addend=No.3 Water and Sanitary Sewer Replacement Contract 2015 WSM-B,Part 1 City"act No.02436 Faij!ire to acknowledge the receipt of Addendum No.3 could cause the subject bidder to be considered "NON-RESPONSIVE",resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. Water Department John Robert Carman RECEIPT ��ACKNOWLEDGED: Director c By: By: To 1% Tony Sholola,P.E. Company:— -T.-, Engineering Manager(Water Dept.) �E OF �.•....•......•.. • I •...RRd go* 000 Addendum No.3 Water and Sanitary Sewer Replacement Contract 2015 WSM-8,Part 1 City Project No,02436 OF f• j � • �l �..•sz' ••'• •i CITY OF FORT WORTH 7i'�li�ls�� � WATER DEPARTMENT ADDENDUM NO.4 7-Z8-IS WATER AND SANITARY SEWER REPLACEMENT CONRACT 2015 WSM-B,PART 1 CITY PROJECT No.02436 ADDENDUM RELEASE DATE:July 28,2015 BIDS RECEIVED DATE:July 30,2015 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are hereby revised and amended as follows: Saecirkations: 1. SECTION 00 42 43 Proposal Form Unit Price,revise Unit I—Water Bid Item No.36 Traffic Control unit of measure to be per month and the bid quantity to be three (3) months. Revise Unit lI — Sanitary Sewer Bid Item No. 15 Traffic Control unit of measure to be per month and the bid quantity to be one(l) month. Remove any reference to previously labeled lump sum unit of measure and quantity. Please acknowledge receipt of the Addendum in the following locations: (l) In the space provided below (2) In the amended Proposal,Units I&11:Water and Sanitary Sewer Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED&ACKNOWLEDGED ADDENDUM NO.411 Failure to acknowledge the receipt of Addendum No.4 could cause the subject bidder to be considered "NON-RESPONSIVE",resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. Water Department John Robert Carman RECEIPT ACKNOWLEDGED: Director Walter P.Norwood,P.E. Company- Sr.Professional Engineer(Water Dept) Addendum No.4 Water and Sanitary Sewer Replacement Contract 2016 WSM-8,Pert 1 City Proled No.02436 001113-1 INVITATION TO BIDDERS Page I of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of WATER AND SANITARY SEWER REPLACEMENT- 6 CONTRACT 2015 WSM-B,PART 1,Water Project No.P253 609170243683, Sewer Project No. 7 P258 709170243683,DOE No. 7433,City Project No.02436 will be received by the City of Fort 8 Worth Purchasing Office: 9 10 City of Fort Worth 11 Purchasing Division 12 1000 Throckmorton Street 13 Fort Worth,Texas 76102 14 until 1:30 P.M.CST,Thursday,July 30,2015,and bids will be opened publicly and read aloud at 15 2:00 PM CST in the Council Chambers. 16 17 GENERAL DESCRIPTION OF WORK 18 The major work will consist of the(approximate)following: 19 5,687 LF of 8-inch waterline improvements,697 LF of 8-inch sanitary sewer improvements,and 20 50 LF of 10-inch sanitary sewer improvements. 21 22 PREQUALIFICATION 23 The improvements included in this project must be performed by a contractor who is pre- 24 qualified by the City at the time of bid opening.The procedures for qualification and pre- 25 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 26 27 DOCUMENT EXAMINATION AND PROCUREMENTS 28 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 29 of Fort Worth's Purchasing Division website at bM://www.fortworth og v_orglpurchasing!and 30 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 31 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 32 suppliers. 33 34 Copies of the Bidding and Contract Documents may be purchased from DUNAWAY 35 ASSOCIATES,L.P.,which is located at: 550 Bailey Avenue, Suite 400,Fort Worth,Texas 36 76107,Phone: (817)335-1121: 37 38 The cost of Bidding and Contract Documents is: 39 Set of Bidding and Contract Documents with full size drawings: $80 40 Set of Bidding and Contract Documents with half size drawings: $40 41 42 A 7%MBE goal has been assigned to this project. The following are amendments to the 43 Business Diversity Enterprise(BDE)Ordinance: 44 0 Contractors to submit BDE documentation in 2 days 45 0 BDE Documentation must be received by the Purchasing Division by 2pm,on the 46 second City business day after bid opening,exclusive of bid opening day. 47 0 If the first Offeror/Contractor does not submit the documentation as required they will 48 be deemed non-responsive. CITY OF FORT WORTH Water and Sanitary Sewer Repiaceroent STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised July 1,2011 City Project No.02436 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 9 Project Manager will notify the second offeror in writing that they have until the 2 second City business day by 2pm to have docs in Purchasing Division. 3 9 If second offeror is non-responsive the Project Manager will notify the third offeror in 4 writing that they have until the second City business day by 2pm to have docs in 5 Purchasing Division. 6 0 2 day submittal requirement begins on Goals set on April 1"going forward. 7 0 MBEs and SBEs with a Principle Place of Business outside of the 6 County 8 Marketplace must have a Significant Business Presence 9 0 Updated BDE(M/WBE)Forms with 2 day submittal requirement are available on 10 Buzzsaw and Public Folders M/WBE. 11 12 PREBID CONFERENCE 13 A prebid conference will be held at the following location,date,and time: 14 DATE: July 23,2015 15 TIlVIE: 9:30 A.M. 16 PLACE: City Hall 17 LOCATION: Water Administration Conference Room,Room 225—located on 21 floor of City Hall 18 19 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 20 City reserves the right to waive irregularities and to accept or reject bids. 21 22 INQUIRIES 23 All inquiries relative to this procurement should be addressed to the following: 24 Attn: Walter Norwood,P.E.,City of Fort Worth 25 Email: Walter.Norwood@fortworthtexas.gov 26 Phone: 817-392-5026 27 AND/OR 28 Attn: Daniel Tremper,P.E.,Dunaway Associates,L.P. 29 Email: dtremper@dunaway-assoc.com 30 Phone: (817)335-1121 31 32 ADVERTISEMENT DATES 33 July 2,2015 34 July 9,2015 35 36 37 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised July 1,2011 City Project No.02436 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 7 00-GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting 13 directly through a duly authorized representative,submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2.Nonresident Bidder: Any person, firm,partnership,company,association,or 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided)makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 38 requirement work types and documentation are as follows: 39 40 3.1.1. Paving—Requirements document located at; 41 https://projecVoint.buzasaw.com/fortworthgpv/Resources/02%20- 42 %20Construction%2ODocuments/Contractor%o20Pregualification/'IPW%2OPaving 43 %20Contractor%o2OPrequalification%2OPrognMEMREQUALIMCATION%20REQ 44 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF? ublic 45 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised November 27,2012 City Project No.02436 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 2 htt s�://projec!Mint.buzzsaw.com/fortworthgov/Resources/02%20- 3 %20Constiuction%2ODocuments/Contractoro/o2OPregualification/TPW%2OPaving 4 %2OContractor%20Prequalification%2OProgram/PREQUALIFICATION%20REQ 5 UIREMENTS%20FOR%2OPAVING%2000NTRACTORS.PDF?public 6 7 3.1.3. Water and Sanitary Sewer—Requirements document located at; 8 https://projeLxWint.buzzsaw.con/fortworthgov/Resources/02%20- 9 %20Constiuction%2ODocuments/Contractor%o2OPrequalification/Water%20and%2 10 OSga ry%2OSewer%20Contractor%2OPregnalification%2OProgram/WSS%LOpre 11 qual%2Orequirements.doc?public 12 13 14 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 15 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 16 45 11,BIDDERS PREQUALIFICATIONS. 17 18 3.2.1. Submission of and/or questions related to prequalification should be addressed to 19 the City contact as provided in Paragraph 6.1. 20 21 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 22 bidder(s)for a project to submit such additional information as the City,in its sole 23 discretion may require, including but not limited to manpower and equipment records, 24 information about key personnel to be assigned to the project,and construction schedule, 25 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 26 deliver a quality product and successfully complete projects for the amount bid within 27 the stipulated time frame.Based upon the City's assessment of the submitted 28 information, a recommendation regarding the award of a contract will be made to the 29 City Council. Failure to submit the additional information, if requested,may be grounds 30 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 31 notified in writing of a recommendation to the City Council. 32 33 3.4.In addition to prequalification,additional requirements for qualification may be required 34 within various sections of the Contract Documents. 35 36 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 37 38 4.1.Before submitting a Bid,each Bidder shall: 39 40 4.1.1. Examine and carefully study the Contract Documents and other related data 41 identified in the Bidding Documents(including "technical data" referred to in 42 Paragraph 4.2. below),No information given by City or any representative of the 43 City other than that contained in the Contract Documents and officially 44 promulgated addenda thereto, shall be binding upon the City. 45 46 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 47 site conditions that may affect cost,progress,performance or furnishing of the 48 Work. 49 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part I Revised November 27,2012 City Project No.02436 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 2 progress,performance or furnishing of the Work. 3 4 4.1.4.Not used. 5 6 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 7 contiguous to the Site and all drawings of physical conditions relating to existing 8 surface or subsurface structures at the Site(except Underground Facilities)that 9 have been identified in the Contract Documents as containing reliable"technical 10 data"and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 11 at the Site that have been identified in the Contract Documents as containing 12 reliable "technical data." 13 14 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 15 the information which the City will furnish.All additional information and data 16 which the City will supply after promulgation of the formal Contract Documents 17 shall be issued in the form of written addenda and shall become part of the Contract 18 Documents just as though such addenda were actually written into the original 19 Contract Documents.No information given by the City other than that contained in 20 the Contract Documents and officially promulgated addenda thereto, shall be 21 binding upon the City. 22 23 4.1.7. Perform independent research,investigations,tests,borings,and such other means 24 as may be necessary to gain a complete knowledge of the conditions which will be 25 encountered during the construction of the project.On request,City may provide 26 each Bidder access to the site to conduct such examinations, investigations, 27 explorations,tests and studies as each Bidder deems necessary for submission of a 28 Bid. Bidder must fill all holes and clean up and restore the site to its former 29 conditions upon completion of such explorations,investigations,tests and studies. 30 31 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 32 cost of doing the Work,time required for its completion,and obtain all information 33 required to make a proposal. Bidders shall rely exclusively and solely upon their 34 own estimates,investigation,research,tests,explorations,and other data which are 35 necessary for full and complete information upon which the proposal is to be based. 36 It is understood that the submission of a proposal is prima-facie evidence that the 37 Bidder has made the investigation,examinations and tests herein required.Claims 38 for additional compensation due to variations between conditions actually 39 encountered in construction and as indicated in the Contract Documents will not be 40 allowed. 41 42 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 43 between the Contract Documents and such other related documents.The Contractor 44 shall not take advantage of any gross error or omission in the Contract Documents, 45 and the City shall be permitted to make such corrections or interpretations as may 46 be deemed necessary for fulfillment of the intent of the Contract Documents. 47 48 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 49 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised November 27,2012 City Project No.02436 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 2 the site which have been utilized by City in preparation of the Contract Documents. 3 The logs of Soil Borings, if any,on the plans are for general information only. 4 Neither the City nor the Engineer guarantee that the data shown is representative of 5 conditions which actually exist. 6 7 4.2.2.those drawings of physical conditions in or relating to existing surface and 8 subsurface structures(except Underground Facilities)which are at or contiguous to 9 the site that have been utilized by City in preparation of the Contract Documents. 10 11 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 12 on request. Those reports and drawings may not be part of the Contract 13 Documents, but the"technical data"contained therein upon which Bidder is entitled 14 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 15 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 16 responsible for any interpretation or conclusion drawn from any"technical data"or 17 any other data, interpretations,opinions or information. 18 19 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 20 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 21 exception the Bid is premised upon performing and furnishing the Work required by the 22 Contract Documents and applying the specific means,methods,techniques,sequences or 23 procedures of construction(if any)that may be shown or indicated or expressly required 24 by the Contract Documents,(iii)that Bidder has given City written notice of all 25 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 26 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 27 etc.,have not been resolved through the interpretations by City as described in 28 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 29 and convey understanding of all terms and conditions for performing and furnishing the 30 Work. 31 32 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 33 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 34 Paragraph 4.06.of the General Conditions,unless specifically identified in the Contract 35 Documents. 36 37 5. Availability of Lands for Work,Etc. 38 39 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 40 access thereto and other lands designated for use by Contractor in performing the Work 41 are identified in the Contract Documents. All additional lands and access thereto 42 required for temporary construction facilities,construction equipment or storage of 43 materials and equipment to be incorporated in the Work are to be obtained and paid for 44 by Contractor. Easements for permanent structures or permanent changes in existing 45 facilities are to be obtained and paid for by City unless otherwise provided in the 46 Contract Documents. 47 48 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 49 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 50 of-way, easements,and/or permits are not obtained,the City reserves the right to cancel CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised November 27,2012 City Project No.02436 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 the award of contract at any time before the Bidder begins any construction work on the 2 project. 3 4 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 5 ight-0f5 way,easements,and/or permits,and shall submit a schedule to the City of how 6 construction will proceed in the other areas of the project that do not require permits 7 and/or easements. 8 9 6. Interpretations and Addenda 10 11 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 12 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 13 received after this day may not be responded to.Interpretations or clarifications 14 considered necessary by City in response to such questions will be issued by Addenda 15 delivered to all parties recorded by City as having received the Bidding Documents. 16 Only questions answered by formal written Addenda will be binding. Oral and other 17 interpretations or clarifications will be without legal effect. 18 19 Address questions to: 20 21 City of Fort Worth 22 311 W. 10th Street 23 Fort Worth,TX 76102 24 Attn: Walter Norwood 25 Email: walter.norwood@fortworthtexas.gov 26 Phone: 817-392-5026 27 28 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 29 City. 30 31 6.3.Addenda or clarifications may be posted via Buzzsaw at 32 https://projeo2int.buzzsaw.com/client/fortworthgov. 33 34 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 35 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 36 Project. Bidders are encouraged to attend and participate in the conference. City will 37 transmit to all prospective Bidders of record such Addenda as City considers necessary 38 in response to questions arising at the conference. Oral statements may not be relied 39 upon and will not be binding or legally effective. 40 41 7. Bid Security 42 43 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 44 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 45 the requirements of Paragraphs 5.01 of the General Conditions. 46 47 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 48 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 49 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 50 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 51 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all CrrY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part I Revised November 27,2012 City Project No.02436 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 other Bidders whom City believes to have a reasonable chance of receiving the award 2 will be retained by City until final contract execution. 3 4 8. Contract Times 5 The number of days within which,or the dates by which,Milestones are to be achieved in 6 accordance with the General Requirements and the Work is to be completed and ready for 7 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 8 attached Bid Form. 9 10 9. Liquidated Damages 11 Provisions for liquidated damages are set forth in the Agreement. 12 13 10. Substitute and "Or-Equal" Items 14 The Contract, if awarded,will be on the basis of materials and equipment described in the 15 Bidding Documents without consideration of possible substitute or"or-equal"items. 16 Whenever it is indicated or specified in the Bidding Documents that a"substitute"or"or- 17 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 18 City,application for such acceptance will not be considered by City until after the Effective 19 Date of the Agreement. The procedure for submission of any such application by Contractor 20 and consideration by City is set forth in Paragraphs 6.05A.,6.05B.and 6.05C.of the General 21 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 22 23 11. Subcontractors,Suppliers and Others 24 25 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 26 12-2011 (as amended),the City has goals for the participation of minority business 27 and/or small business enterprises in City contracts.A copy of the Ordinance can be 28 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 29 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 30 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 31 Venture Form as appropriate.The Forms including documentation must be received 32 by the City no later than 5:00 P.M.CST,five(5)City business days after the bid 33 opening date.The Bidder shall obtain a receipt from the City as evidence the 34 documentation was received.Failure to comply shall render the bid as non- 35 responsive. 36 37 11.2. No Contractor shall be required to employ any Subcontractor,Supplier,other person 38 or organization against whom Contractor has reasonable objection. 39 40 12. Bid Form 41 42 12.1. The Bid Form is included with the Bidding Documents;additional copies maybe 43 obtained from the City. 44 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised November 27,2012 City Project No.02436 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change,"or"Not Applicable"may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals,for which the Bidder proposes to do the 7 work contemplated or furnish materials required.All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner,whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number,Project title,the name and address of Bidder, and 47 accompanied by the Bid security and other required documents. If the Bid is sent through the 48 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 49 with the notation 'BID ENCLOSED"on the face of it. 50 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised November 27,2012 City Project No.02436 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids. After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may,at the option of the City,be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any)will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised November 27,2012 City Project No.02436 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers,and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs,maintenance requirements,performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility,qualifications,and financial 12 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization,work of a value not less than 17 35%of the value embraced on the Contract,unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Goverment Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds,Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised November 27,2012 City Project No.02436 0035 13-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of l SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder,offeror,or respondent(hereinafter also referred to as"you'd 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 be downloaded from the website links provided below. bUR://www.ethics.state.t LUS/feMW—CIO.udf bp://www.ethics.stM.tx.us(forms/CIS.pff CIQ Form is on file with City Secretary 0 CIQ Form is being provided to the City Secretary [� CIS Form is on File with City Secretary [� CIS Form is being provided to the City Secretary BIDDER: Company (Please Print) P ,tel ' o k3 e;, Signature. Address R -e --r-t- 7411y Title: t/ict Er City/Statelzip (Please Print) END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part I Revised March 27,2012 City Project No.02436 0041 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The City Manager clo: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-B, PART 1 City Project No.: 02436 Units/Sections: Unit I-Water-Part 1 Unit II -Sanitary Sewer-Part 1 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Form Revised 20120327 City Project Number 02436 00 41 00 BID FORM Page 2 of 3 d. 'coercive practice"means harming or threatening to harm,directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequaliflcation The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Tejas Commercial Construction, LLC Water main Installation b. Tejas Commercial Copnstruction, LLC Sanitary Sewer main installation C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 170 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. S. 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 6. Total Bid Amount 6.1 Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Pert 1 Form Revised 20120327 City Pro)W Number 02436 004100 BID FORM Page 3 of 3 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 7. Bid Submittal This Bid is submitted on July 30,2015 by the entity named below. Respectfully submitted, Receipt is acknowledged of the Initial / n � Addendum followingAddenda: �'( 6{/ Addenddum No. 1 (Signature) Addendum No.2: AA Addendum No. 3. Charles D.Allen JAddendum No.4: (Printed Name) Title: Vice President Company: Tejas Commercial Construction, LLC Address: P.O. Box 10395 ' �•�CpR O •• River Oaks,TX 76114 State of Incorporation: Texas A%- ,``, � ••�' 6• • Email: calleagMaswristrucbms et %,19. 200% mnttt Phone: 817-901-8499 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part I Form Revised 20120327 City Proiect Number 02436 004243 BID FORM Paps I of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Section Unit of Bid No. Descrrptson No Measure Quantity Unit Price Bid Value UNIT I•WATER 1 12"Water Pipc 33 It 10.33 11 12 LF 70 575.00 S 5,230.00 2 10"Water Pipe 33 11 10,23 11 12 LF 10 $110.00 $ 1,100.00 3 1'Water Pipe 33 11 10,33 11 12 LF 5569 538.00 S 211,622.00 4 6'Waw Pipe,CLSM Backfill 33 I1 10.33 11 12 Lf 29 $7500 S 2,100.00 3 8"DIP Water 33 11 10 LF 49 585.00 S 4,165.00 6 8"DIP Waley,CLSM Backfill 33 11 10 LF 41 $12500 $ 5,125.00 7 6"Water Pipe 33 11 IA))11 12 LF 56 (34.00 S 1,904.00 8 Remove 6"Water Valve 02 41 14 FA I I S 15000 $ 1.650.00 9 Remove 8"Water Valve 0241 14 EA 4 $150.00 $ 60000 10 Salvage Fire Hydrant 0241 14 EA 6 S25a00 $ Moo-00 I I SWPPP>I acre 31 25 00 LS I sx5m.00 S 21300.00 12 N Wide Asphalt Pvrot Raor,Residential 320117 LF 135 $45.00 f 6,075.00 13 5'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 15 $55.00 S 1125.00 14 6 Wide Asphalt Pvmt Repair,Residential 3201 17 LF 39 $65.00 S 2,535.00 15 T Wide Asphalt Pvmt Repair,Residential 3201 17 LF 10 S75.00 S 75000 16 Temparmy As"Pwaag Repass,(2 inch Asphalt,6 inch Cement Treated Base) 3201 19 LF 7354 $21.00 S 154.43400 17 Temporary AtIp1aR Curb Raptor(2 inch Agftl,6 inch Cement Treated Base) 3201 18 LF 554 $7, _S 3,87500 is Tq"l 32 91 19 CY 31 5)0.00 S 93000 19 Slodt Sod Placement 3292 13 SY lis $8.00 S 1,480.00 20 Temporary Water Semces 33 04 30 LS 1 135.000.00 S 3190000 21 Tr acla Safety 3305 10 LF 5823 s0 10 $ 59230 22 Oucole Iron Water Finings w/Restraint 33 11 11 TON 39 55,000.00 $ 19.50000 23 FIN tisdtltn , 33 1240 EA 6 53,300.00 $ 19,800.00 24 Cowadma to kat11m*4'-12'Water Man 331225 FA is S950.00 $ 17,100.00 25 1"Water Sarviee,Mesa Ream"C an 33 12 10 EA 179 5250.00 S 44,750.00 26 1"Water SWAM 33 12 10 EA 179 5950.00 S 170.050.00 27 1"Private Water Service 33 12 10 LF 335 530.00 IS 10.030.00 28 6"Gate Valve(No collar) 33 1220 EA 6 51,000.00 S 6,000.00 29 ✓r Gate Valve(No collar) 33)2 20 EA 16 S1.230.00 S 20,000.00 30 12"Gate Valve(No collar) 33 1220 EA 2 s2_1100,00 $ 5,600.00 31 Concrete Collar for Gate Valves 3305 17 EA 8 S150-80 S 1,200.00 32 18"RCP,Class 111 3341 10 LF 24 $6500 1 1.,360.00 33 24"RCP,Class Ili 3341 10 LF 12 "0,00 S 1,00000 34 30'RCP,Class 111 "41 10 LF 12 5123.00 1 1,500,00 35 36"RCP,Class III 3341 10 LF t2 1140.00 1 1.68000 36 Traffic Control 347193 MO 3 so,"000 $ 4.900.00 UNIT 1-WATER SUBTOTAL $ 768,375.30° CITY OF FORT WORTH Water and Sanuary Sauer Repla w w STANDMD CONSTRUCTION SPECIFICATION DOCUMENTS Contact 2015 tW'SM-K Pas11 Form Rsvlasd 20120327 Cay Project Number 02438 004243 &D FORM Papa 2 or 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Section Unit of Bid No Description Specification Measure Quantity Unit Price Bid Value UNIT U-SANITARY SlRWFA 1 8'Sewer Pope LF 698 555.00 $ 38,39000 2 8'Sewer Pi CSS Backfill »I I IV,53,31'14 J3 Pe LF 20 S8300S 1,700.00 3 I O'Sewer Pipe +�I r tv'I% r s,» „„ 3 SIO, f 2,730.00 4 4'Manhole 33 39 10,33 39 20 FA 4 53,300 00 S 13,200.00 3 4'Extra Depth Manhole 33 39 10,33 39 20 VF 1 $350. S 35000 6 Remove V Sewer Manhole 0241 14 EA 2 s6m.00 S 1.200.00 7 4'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 23 S45.00 S 1,035.00 8 Temporary Asphalt Paving Repair(2 inch AspMk 6 inch Cancra Treated Base) 3201 18 LF 868 $2100 S 18,221.00 9 Temporary Asphalt Curb Repair(2 inch Asphalt.6 inch Cement Treated Base) 3201 18 LF 36 57.00 1 252.00 10 Bieck Sod Placement 3292 13 SY 67 51.00 S 536.00 I I Post-CCTV Iepaaalm 33 01 31 IF 737 SI t$ S L M.45 12 Manhole Vacuums Teaft 33 01 30 EA 4 000.00 S 80000 13 Trench Safety 3305 10 IF 73 $2.00 1 t,474AO 14 4"Sewer Service 33 31 30 EA 14 S115011100 $ 11.900.00 15 Traffic Control 3471 13 MO 1 51,50000 S t,500.00 16 1 18'RCP,Class 111 3341 10 1 LF 1 12 $65 00 $ 780.00 UNIT 11-SANITARY SEWER SUBTOTAL S ".43"s BID SUMMARY UNIT I-WATER S 768,375.30 UNIT II-SANITARY SEWER S 95,438.45 Total Mail _ ROM I END OF SECTION Cm OF FORT VKXTH Waw and Sanitary Saw Rspabmnmm STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Comma 2015 WOWS.Pmt 1 Form RaWasd 20120927 CRY Propel Number 02436 00 43 13 BID FORM Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) Company Name Here hereinafter called the Principal, and (Surety Name) 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 Crty hereinafter called the Obligee, in the sum of Spell Out Numbers Here and No/100 Dollars ($ Numerals Here .00), the payment of which sum will be well and truly made and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-B, PART 1 NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidders Total Bid Amount. SIGNED this day of 12015. By: Company Name Here (Signature and Title of Principal) *By: Here (Signature of Attomey-of-Fact) *Attach Power of Attorney(Surety)for Attomey-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Form Revised 20120327 City Project Number 02436 00 43 37 BID FORM Page IofI 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 ,our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of ,our principal place of business, are not required to underbitesident bidders. B. The principal place of business of our company or our parent company or majority owner is In the State of Texas. BIDDER: Tejas Commercial Construction, LLC By: Charles D.Allen P.o. Box 10395 LA�-tl 0 ( ignat ) ure River Oaks,TX 76114 Title: Vice President Date: END OF SECTION CITY OF FORT WORTH water and Sanitary Sewer RWaceme.A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Faro Form Revised 20120327 City Project Number 02438 0045 11 -1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12,Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7) days prior 12 to the date of the opening of bids. For example,a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter, Articles 23 of Incorporation,Articles of Organization, Certificate of Formation, LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermitl and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part I Revised July 1,2011 City Project No.02436 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion, or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised July 1,2011 City Project No.02436 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 END OF SECTION 7 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part I Revised July 1,2011 City Project No.02436 004512-1 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by Tying the prequalified contractors and/or subcontractors whom they intend to utilize for the or work type(s)listed. jor Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Improvements rI rovements ?4 3 Co - T. Lc C �/ T"ne undersigned hereby certifies that the contractors and/or subcontractors described in table above are currently prequalified for the work types listed. DER: y (Please Print) .a Signatun c+-r 64 x: -r ;74//y Title: Z/1 s C�- /State/Zip (Please Print) Date: 7130 // END OF SECTION M r OF FORT WORTH Water and Sanitary Sewer Replacanent DARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part I d July 1,2011 City Project No.02436 FORTWORTH 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 Street Address (required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 0045 13-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches,and 350 LF or less Tunneling-36-Inches—60—inches, and greater than 350 LF Tunneling—66"and greater, 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised December 20,2012 City Project No.02436 0045 13-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES,CONTINUED Sewer CIDP, 12-inches and smaller Sewer CIPP,24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System,Development, 12-inches and smaller Sewer Collection System,Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development,48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement,All Sizes Sewer Cleaning, 24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction(15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction(15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised December 20,2012 City Project No.02436 0045 13-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in Construction work has your organization had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so,where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual,other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual,name of owner and reason. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part l Revised December 20,2012 City Project No.02436 0045 13-5 BIDDER PREQUALIF[CATION 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 Bern. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder,or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part Revised December 20,2012 City Project No.02436 0045 13-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No.(if Limited Partnership) General Partners/Officers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles, if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised December 20,2012 City Project No.02436 0045 13-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model, and general common description of each. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised December 20,2012 City Project No.02436 0045 13-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF ,�0.S COUNTY OF T4t4av%.k- 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. -CAw&rW-S Aktd r being duly sworn, deposes and says that he/she is the % (k3e r,A e*%CX of 144 CoAm4 . � , the entity described in and which executed the foregoing statement that he/slfe 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: \ ,0A& 0-oyhmerCieJ &J#&kVTJ0A) Signature: fi Sworn to before me thi � day of � Notary Public Kir Notary Public must not be an officer,director,or stockholder or relative thereof. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part I Revised December 20,2012 City Project No.02436 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 02436. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 `TP.IOS CA IuW CpNS"vQ-_ By: C V1 ell 13 Company (Please Print) 14 _ 15 pp gds l D, Signature: 16 Address17 (� 18 ,"x 0� . `17C 1 L.Q l l� y � PC 2S C�2.v�. Title: C,� � � 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEF1QqRE ME, the unde igned auth rity, on this day personally appeared 27 Gil PrA-4.F-5 known to me to be the person whose name is 28 subscribed to the foregoing instrument, and acknowledged to met t he/she executed the same as 29 the act and deed of /'1� Ul'Y�fr 6C.) ti the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GI EN UN ER MY HAND AND SEAL OF OFFICE this Z day of 33 20_!(p 34 35 36 37 Notary Public in and for the State of Texas 38 39 END OF SECTION 40ry- SSA GREER {t, 4,,,OTARY F.IU SIIC, STATE OF TEXAS ttlAy C pips v EOm 07-11-2017 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part I Revised July 1,2011 City Project No.02436 004540-1 MINORITY BUSINESS ENTERPRISE GOAL Page 1 of i 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 4 [This document is to be printed on "pink"paper in its final form] 5 APPLICATION OF POLICY 6 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 7 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 8 subcontracting goal is not applicable. 9 10 POLICY STATEMENT 11 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 12 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 13 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 14 15 MBE PROJECT GOAL 16 The City's MBE goal on this project is 7%of the total bid (Base bid applies to Parks and Community 17 Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an 18 Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed 19 responsive. 20 21 COMPLIANCE TO BID SPECIFICATIONS 22 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 23 required to comply with the intent of the City's Business Diversity Ordinance by one of the 24 following: 25 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 26 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or 27 3. Good Faith Effort documentation,or; 28 4. Waiver documentation. 29 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 30 responsive.Any questions, please contact the M/WBE Office at(817)392-6104. 31 32 SUBMITTAL OF REQUIRED DOCUMENTATION 33 The applicable documents must be received by the Managing Department, within the following 34 times allocated, in order for the entire bid to be considered responsive to the specifications. The 35 Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing 36 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 37 documentation in the time allocated. A faxed copy will not be ac ted. 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. 38 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised December 20,2012 City Project No.02436 004541 -1 SMALL BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 41 2 SMALL BUSINESS ENTERPRISE GOAL 3 4 [This document is to be printed on 'pink"paper in its final form] 5 APPLICATION OF POLICY 6 If the total dollar value of the contract is greater than$50,000,then the SBE subcontracting goal may 7 be applicable. If the total dollar value of the contract is $50,000 or less,the SBE subcontracting goal 8 is not applicable. 9 10 POLICY STATEMENT 11 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Small 12 Business Enterprises (SBE) in the procurement of all goods and services. All requirements and 13 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 14 15 SBE PROJECT GOAL 16 The City's SBE goal on this project is % of the total bid (Base bid applies to Parks and 17 Community Services). Note: If both MBE and SBE subcontracting goals are established for this 18 project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 19 deemed responsive. 20 21 COMPLIANCE TO BID SPECIFICATIONS 22 On City contracts greater than $50,000 where a SBE subcontracting goal is applied, bidders are 23 required to comply with the intent of the City's Business Diversity Ordinance by one of the 24 following: 25 1. Meet or exceed the above stated SBE goal through SBE subcontracting participation,or 26 2. Meet or exceed the above stated SBE goal through SBE Joint Venture participation,or 27 3. Good Faith Effort documentation,or; 28 4. Waiver documentation. 29 Failure to comply with the City's Business Diversity Ordinance, shall result in the Bid being 30 considered non-responsive. Any questions, please contact the M/WBE Office at(817)392-6104. 31 32 SUBMITTAL OF REQUIRED DOCUMENTATION 33 The applicable documents must be received by the Managing Department, within the following 34 times allocated, in order for the entire bid to be considered responsive to the specifications. The 35 Offeror shall deliver the SBE documentation in person to the appropriate employee of the Managing 36 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 37 documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if participation is less than the bid opening date,exclusive of the bid opening date. 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. 38 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 Revised December 20,2012 City Project No.02436 00 52 43- l Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 3 May 2016 is made by and between the City of Fort 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and TEJAS COMMERCIAL CONSTRUCTION LLC., authorized to do business in 6 Texas, acting by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents Inay be the whole or only a part is 14 generally described as follows: 15 Water and Sanitary Sewer Replacement Contract 2015,WSB-B Part 1 City Project No.02436 16 DOE 7433. 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 160 Calendar days after the date 23 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 24 Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Three Hundred and Fifteen Dollars ($315.00) for each day that expires after the 34 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 35 of Acceptance. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-B,Part 1 Revised June 4,2012 City Project No.02436 00 52 43-2 Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of EIGHT HUNDRED SIXTY THREE THOUSAND 39 EIGHT HUNDRED THIRTEEN DOLLARS AND SEVENTY FIVE CENTS ($863,813.751. 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A.The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MWBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-B,Part 1 Revised June 4,2012 City Project No.02436 005243-3 Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleeed or proven that all or some of the damages being 83 soueht were caused, in whole or in part, by any act, omission or neglip-ence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city,its officers,servants and employees,from and against any and all loss,damage 90 or destruction of property of the city,arising out of,or alleged to arise out of,the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is allezed or 94 proven that all or some of the damaees beim soueht were caused, in whole or in part, 95 by any act,omission or neelieence of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 100 have the meanings indicated in the General Conditions. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon CITY and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 W,,M-R,Part I Revised June 4,2012 City Project No.02436 005243-4 Agreement Page 4 of 4 117 7.6 Other Provisions. 118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is " 119 classified, promulgated and set out by the City, a copy of which is attached hereto and 120 made a part hereof the same as if it were copied verbatim herein. 121 7.7 Authority to Sign. 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. 124 125 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 126 counterparts. 127 128 This Agreement is effective as of the last date signed by the Parties 129 Contractor: City of Fort Worth '-T'�t� �o».,,�. �•mss r L.�c. B Jesus J. Chapa By: Assistant City Manager (Signature) / ■ Date GHar 1,c✓ A t/c, Attest: (Printed Name) ary J. ay , IF o Ci cret (Seal) Title: Vic G Address: P, v Z3var j o3 g f- t M&C * Date: S / ittc 4 Ut&4•1Z26'7 T City/State/Zip: ���� �"'�� iti' 741111 Approved as to Form and Legality: r Date 4ougg as�Wffiack Assistant City Attorney 130 131 132 APPROVAL RECOMMENDED: ■ 133 134 135 ■ 136 OFFICIAL RECORD Christopher Harder,P.E. 137 Acting Assist.Director, 138 CITY SECRETARY Water Department 139 FT. WORTH, TX CITY OF FORT WORTH Water and Sanitary Sewer Replacement ■ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-B,Part 1 Revised June 4,2012 City Project No.02436 ■ 0061 13-1 PERFORMANCE BOND ERCA 160170005 Page ] of 2 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, TEJAS COMMERCIAL CONSTRUCTION LLC., known as "Principal'" 8 herein and Endurance Reinsurance Corporation of America, a corporate surety(sureties, if more 9 than one)duly authorized to do business in the State of Texas, known as"Surety" herein(whether 10 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 1 1 created pursuant to the laws of Texas, known as"City" herein, in the penal sum of, EIGHT 12 HUNDRED SIXTY THREE THOUSAND EIGHT HUNDRED THIRTEEN DOLLARS 13 AND SEVENTY FIVE CENTS (S863,813.75). lawful money of the United States,to be paid in 14 Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we 15 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 3 day of May,2016, which Contract is hereby referred to and made a part hereof for 19 all purposes as if fully set forth herein,to furnish all materials, equipment labor and other 20 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 21 provided for in said Contract designated as Water and Sanitary Sewer Replacement Contract 22 2015,WSB-B Part I City Project No.02436 DOE 7433. 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. 32 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 33 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 34 accordance with the provisions of said statue. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part I Revised July I,2011 City Project No.2436 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 3 PRINCIPAL: 4 Tejas Commercial Construction, LLC 5 6 7 BY: 8 Signature 9 ATTEST: 10 1 I Charles Allen, Vice President 12 (Principal)Secretary Name and Title 13 14 Address: PO Box 10395 15 River Oaks TX 76114 16 17 _ - 18 Witness as ltlPrincipal 19 SURETY: 20 Endurance Reinsurance Corporation of America 21 22 23 BY: AL f-4 24 Signature 25 26 Chris Holt,Attorney-in-Fact 27 Name and Title 28 29 Address: 750 Third Avenue, 2nd Floor 30 New York NY 10017 31 32 �L/li CJS 33 Witness as to Surety Telephone Number: 817-2.61-1101 34 35 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part l Revised July 1,2011 City Project No.2436 ENDURANCE REINSURANCE CORPORATION OF AMERICA ERCA160170005 POWER OF ATTORNEY Kjww aQWen 6y these eamt, that ENDURANCE REINSURANCE CORPORATION OF AMERICA,a Delaware corporation(the'Corporationj,with offices at 4 Manhattanville Road 3rd Floor,Purchase,NY 10577,has made,constituted and appointed and by these presents,does make,constitute and appoint CHRIS L.HOLT,JOE RODNEY DUCKWORTH its true and lawful Attomey(s)in fact,at AMARILLO in the state of TX and each of them to have full power to act without the other or others,to make,execute and deliver on its behalf,as surety or co-surety;bonds and undertakings given for any and al purposes also to execute and deliver on its behalf as aforesaid renewals extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided however,that no single bond or undertaking so made,executed and delivered shag obligate the Corporation for any portion of the penal sum thereof in excess of the sum of TEN MILLION Dollars($10,000,000). Such bonds and 4ndett kiQ j� said purposes,when duly executed by said attorney(s)4n-fact,shall be binding upon the Corporation as fully and to the same extent as if sign ed by the Presiderfofp4hAld corporate seal attested by its Corporate Secretary. This atyof certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the 9th of January,2014, a copy chip ears below u mg entitled'Certificate'. This er of Attorney is signed and sealed tZ*simile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous written ow Januaryg itsaid resolub"s not since been revoked amended or repealed: RES VED,that in�ers of attom pursuant to certain resolutions adopted by fhe Board of Directors of the Corporation by unanimous written consent an January9,2014, the" tune of such nd officers arthe seal of the Corporation may be affaed to any such power of attorney or any certificete relating thereto by facsimile and any such power ttom or certificate t>eari;��ucp�esimile signature or seal shah be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it is atlaiw�-+ This Powermey sfiaA expire a11�3keuthority hereunder shall terminate without notice at midnight(Standard Timer where said attomey(s)�n fact is authorized to acL) May 31st 2077..,y • IN WITNESS WHEREOF,the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this 1st day of June,2016 at Purchase,New York. (Corporate Seal) ENDURANCE REINSURANCE CORPORATION OF AMERICA ATTEST /j By MARIANNE L WILBERT,SENIOR VICE PRESIDENT SHARON L.SIMS,SENIOR VICE PRESIDENT STATE OF NEW YORK ss:PURCHASE COUNTY OF WESTCHESTER On the isl day of June,2016 before me personally came SHARON L.SIMS,SENIOR VICE PRESIDENTto me known,who being by me duly swom,did depose and say that(s)he resides in SCOTCH"IN6,NEW JPSEY that(s)he is a SENIOR VICE PRESIDENT of ENDURANCE REINSURANCE CORPORATION OF AMERICA,the Corporation described in and which gxecuE the ?�Q i tnrhhgnk that(s)he knows the seal of said Corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Basra of X oT said0 per tion,,and that(s)he signed his(her)name thereto by like order, (Notars #* 06Vay l t - oiat6to-113Tz r ` ! QdAus1E0 JIM WSTfHKW wry MARIA ARROYO,Notary Public-My Commission Expires cowf� r � F402. � � 02123Y1017 Z CERTIFICATE STATE OF 11EI?VO0RP 8 E-) A its:RURCHASE COUNTY dF WESTI&PT/E�� ti[d I,CHRISTOPHER DDNE{LAN TePRESIDENT of ENDURANCE REINSURANCE CORPORATION OF AMERICA,a Delaware Corporation(the'Corporationl,hereby certify: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked amended or modified;that the undersigned has compared the foregoing copy thereof with the original power of attorney,and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on January9,2014 and said resolutions have not since been revoked,amended or modified: 'RESOLVED,that each of the individuals named below is authorized to make,execute,seal and deliver fox and on behalf of the Corporation any and all bonds undertakings or obligations in surety or co-surety with others: CHRISTOPHER DONELAN,SHARON L.SIMS,MARIANNE L.WILBERT And be it further RESOLVED that; bf named above is authorized to appoint attomeysain•fact for the purpose of making,executing,sealing and delivering bonds,undertakings or obligatlonF4 ly ty,or behalf of the Corporation.' 3. TW rther ce ve resolutions are We and correct copies of the resolutions as so recorded and of the whole thereof IN jWSSWHEREOF,I have hereunto s�rtiy hand and affixed the corporate seal this day of 20 „= ( SEAL to Seal) 2002 j CHRISTOPHER DONELAN,PRESIDENT POLICYHOLDER NOTICE TEXAS-IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una You may call the company's telephone number for queja: information or to make a complaint at: Usted puede Ilamar al numero de telefono de la compania para informacion o para someter una queja al: 1-212-471-2800 1-212-471-2800 You may write the Company at: Usted tambien puede escribir a: Endurance Reinsurance Corporation of America Endurance Reinsurance Corporation of America Attention:<<Business Unit>> Attention:<<Business Unit>> 750 Third Avenue 750 Third Avenue New York, NY 10017 New York, NY 10017 You may contact the Texas Department of Puede communicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at: de companias,coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Puede escribir al Texas Department of Insurance Departamento de Seguros de Texas PO Box 149104 PO Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 FAX#(512)475-1771 FAX#(512)475-1771 Web: http://www.tdi. texas.gov Web: http://www.tdi. texas.gov E-mail:ConsumerProtection tdi.texas.go E-mail: ConsumerProtection@tdi. texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene dispute concerning your premium or about a claim una disputa concerniente a su prima o a un you should contact the company first. If the dispute reclamo,debe comunicarse con la compania is not resolved,you may contact the Texas primero. Si no se resuelve la disputa, puede Department of Insurance. entonces comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: This notice UNA ESTE AVISO A SU POLIZA: Este aviso es solo is for information only and does not become a part para proposito de informacion y no se convierte en or condition of the attached document. parte o condicion del documento adjunto. -Endurance Insurer>> Page 1 of 1 PN 00010413 TX 0061 14- 1 PAYMENT BOND ERCA 160170005 Paae 1 of 2 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, TEJAS COMMERCIAL CONSTRUCTION LLC., known as "Principal" 8 herein, and Endurance Reinsurance Corporation of America , a corporate 9 surety (sureties), duly authorized to do business in the 258- State of Texas, known as "Surety' 10 herein (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 EIGHT HUNDRED SIXTY THREE THOUSAND EIGHT HUNDRED 13 THIRTEEN DOLLARS AND SEVENTY FIVE CENTS ($863,813.75), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns,jointly and severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 3 day of 18 May,2016, which Contract is hereby referred to and made a part hereof for all purposes as if 19 fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined 20 by law, in the prosecution of the Work as provided for in said Contract and designated as Water 21 and Sanitary Sewer Replacement Contract 2015,WSB-B Part I City Project No.02436 DOE 22 7433. 23 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Principal 24 shall pay all monies owing to any(and all) payment bond beneficiary (as defined in Chapter 2253 25 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, 26 then this obligation shall be and become null and void; otherwise to remain in full force and 27 effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH Water and Sanitary Seger Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part I Revised July 1,2011 City Project No 2436 0061 14-2 PAYMENTBOND Page 2 of 2 I IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 3 PRINCIPAL: Teias Commercial Construction. LLC ATTEST: BY; Signature Charles Allen, Vice President (Principal) Secretary Name and Title Address: PO Box 10395 River Oaks, TX 76114 Witness as4o Principal SURETY: Endurance Reinsurance Corporation of America ATTEST: BY: 4 4-0 d. I Signature Chris Holt,Attorney-in-Fact (Surety) Secretary Name and "Title Address: 750 Third Avenue, 2nd Floor New York. NY 10017 Witness as to Surety Telephone Number: 817-261-1101 I 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 II I CITY OF FORT WORTII Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-R Part 1 Revised July 1,2011 City Project No 2436 ENDURANCE REINSURANCE CORPORATION OF AMERICA ERCA160170005 POWER OF ATTORNEY Kitt Y QQ•9we8 6�these rlD esent, that ENDURANCE REINSURANCE CORPORATION OF AMERICA a Delaware corporation(the'Corporation',with offices at 4 Manhattanville Road.3rd Floor.Purchase.NY 10577 has made constituted and appointed and by these presents,does make,Constitute and appoint CHRIS L.HOLT,JOE RODNEY DUCKWORTH its true and lawful Attomeyls)-n-fact.at AMARILLO in the State of TX and each of them ro have full power to act without the other or others,to make,execute and deliver on its behalf,as surety or co-surety:bonds and undertakings given`or any and all purposes also to execute and deliver on its behalf as aforesaid renewals. extensions.agreements waivers,consents or stipulations relating to such bonds or undertakings provided however,that no single bond or undertaking so made,executed and delivered shall obligate the Corporation for any portion of the penal sum thereof n excess of the sum of TEN MILLION Dollars($10.000.000). Such bonds and undertakings,for said purposes.when duly executed by said attomey(s)-m-fact,shall be binding upon the Corporation as fully and to the same extent as if signed by the PresideMdf.J"rpoMbrillodbr As corporate seal attested by its Corporate Secretary 2 A This appW.r UnenCt46D1tIb� s$n�,byadthority of certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on!1i of January.2014, a copy aWhich epl>ears below unz-1te 14ing entitled'Certificate Ths7?*wer of Attorney is signed and sealed t tfacsimile under and by authonty of the following resolution adopted by the Board of Directors of the Corporation by unanimous Nnhen corrseilt on January 9;F4�nd said resolutiorrhas not since been revoked.amended or repealed. RES9tVED that in grailiWpOwers of attompursuant b certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent in Januaryg.2013. 'he signature of such*I dbrs'and officers arythe seal of he Corporation may be affixed:o env such power of adomev a any:ertificate relating thereto by'acsimde and any such power 6kpttom�yor certificate beaWg.sucht8csimile signature or seal shall be ialid and binding upon the Corporation n he future with respect to any bond or undertaking to which it s attad-al . a 0- This -Th s Power'OtWmey sriall axpire and It authonty hereunder 31hall'erminate without notice at nridnight,Starcard Timer where said attomeyis)-m-fact is authorized to act.) May 31st.2017 ' IN'NITNESS NHEREOF the Corporation has caused these oresents'o be July signed and is corporate seal'o be hereunto affixed and attested this 1st day of June 2016 at Purchase New York. Corporate Seal) ENDURANCE REINSURANCE CORPORATION OF AMERICA ATTEST By ���'�• s�_ ' MARIANNE L.NILBERT.SENIOR`/ICE PRESIDEN- SHARON SIMS SENIOR VICE°RESIDENT STATE OF NEW YORK ss PURCHASE COUNTY OF WESTCHESTER On'he'st Jay of uune.2016 before me Dersonally came SHARCN SINIS.SENIOR,ICE PRESIDENT'o me Known wno being oy me duly swom,did depose and say that s)he resides n SCOTCH RL4INIS NEW JERSEY that slhe s a SE.NICR VICE PRESIDENT of ENDURANCE REINSURANCE CCRPORA71ON OF AMERICA.the Corporation described n and which executW'heApo�r]strument:hat,slhe Knows'he seal of said Corporation:that the seal affixed:o said instrument s such corporate seal,'hat it was so affixed by order rectors of of the BoarB of§isaid'C�p bon.and hat,$)he signed its,herl name thereto by like order iNotanal Set* tX TA,P j — met+��ct�5 1k vp—tr. t r y� y _ MARIA ARROYO,Notary Public-My Commission Expires C O►I r1. IQ P, 02123/2017 CERTIFICATE STATE X N`,W ORt�s Y j ss.PURCHASE COUNTY OF W TeOE;ST r J_� L CHRISTOPHER DANE i, TePRESIDEN-of ENDURANCE REINSURANCE CORPCRATION OF AMERICA a Delaware Corporation ithe'Corporation'),hereby certify That;he original power of attomey of which'he`oregoirg s a copy was July executed in behalf of:he Corporation and has not since been revoked amended or modified.that the undersigned has compared!he'oregotng copy'hereof with:he origiral power of attomey.and:hal the same s a:rue and:orrect opy of Jne original power of attorney and of the whole thereof' 2. The'ollowing are resolutions which were adopted by the Board of Directors if:he Corporation by unanimous written consent on Januaryg.2014 and said resolutions have not since been revoked,amended or modified: 'RESOLVED that each if'he ndividuals named below s authorized to make axecute,seal and deliver'or and on behalf of he Corporation any and all ponds,undertakings or obligations n surety or co-surety with others. CHRISTOPHER DONEL A.V.SHARON L.SIMS,MARIANNE L.WILBERT And be t further RESOLVED that awri N be:mWicIpAs named above is authonzed to appoint attorneys-in-factor the purpose of making,executing,sealing and delivering bonds.undertakings or obligations i"lhe or;Q-surety dor a,A,on behalf of the Corporation.' ''S g -1 3. The,�rderslgC TUhher cerli ' at 100ove resolutions are:rue and:orrect;opies of the resolutions as so-ecorded and of:he whole'hereof IN NIIgESS�AHEREOF I have hereunto se"hand and affixed'he corporate seal this day of 20 Kori rale Seal) -4'J L-Ak L, _ r v , '•tif•t M i CHRISTOPHER DONELAN.PRESIDENT POLICYHOLDER NOTICE TEXAS-IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una You may call the company's telephone number for queja: information or to make a complaint at: Usted puede Ilamar al numero de telefono de la compania para informacion o para someter una queja al: 1-212-471-2800 1-212-471-2800 You may write the Company at: Listed tambien puede escribir a: Endurance Reinsurance Corporation of America Endurance Reinsurance Corporation of America Attention:<<Business Unit>> Attention:<<Business Unit>> 750 Third Avenue 750 Third Avenue New York, NY 10017 New York, NY 10017 You may contact the Texas Department of Puede communicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at: de companias,coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Puede escribir al Texas Department of Insurance Departamento de Seguros de Texas PO Box 149104 PO Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 FAX#(512)475-1771 FAX#(512)475-1771 Web: http://www.tdi. texas.gov Web: http://www.tdi. texas.gov E-mail:ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection@tdi. texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene dispute concerning your premium or about a claim una disputa concerniente a su prima o a un you should contact the company first. If the dispute reclamo,debe comunicarse con la compania is not resolved,you may contact the Texas primero. Si no se resuelve la disputa, puede Department of Insurance. entonces comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: This notice UNA ESTE AVISO A SU POLIZA: Este aviso es solo is for information only and does not become a part para proposito de informacion y no se convierte en or condition of the attached document. parte o condicion del documento adjunto. <<Endurance Insurer>> Page 1 of 1 PN 0001 0413 TX 0061 19-1 MAINTENANCE BOND ERCA160170005 Pace I of 3 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, TEJAS COMMERCIAL CONSTRUCTION LLC., known as"Principal" 8 herein and Endurance Reinsurance Corporation of America, a corporate surety(sureties, if more 9 than one)duly authorized to do business in the State of Texas, known as "Surety" herein (whether 10 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 11 created pursuant to the laws of the State of Texas, known as "City' herein, in the sum of EIGHT 12 HUNDRED SIXTY THREE THOUSAND EIGHT HUNDRED THIRTEEN DOLLARS 13 AND SEVENTY FIVE CENTS ($863,813.75), lawful money of the United States, to be paid in 14 Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the 15 City and its successors, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns,jointly and severally, firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 3 19 day of May,2016 which Contract is hereby referred to and a made part hereof for all purposes as 20 if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined 21 by law, in the prosecution of the Work, including any Work resulting from a duly authorized 22 Change Order(collectively herein, the"Work") as provided for in said contract and designated as 23 Water and Sanitary Sewer Replacement Contract 2015,WSB-B Part I City Project No.02436 24 DOE 7433.; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH Water and Sanitan Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part I Revised July 1,2011 Cit, Project No.02436 i 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 I I 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 i 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 Uc i II I i CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part Revised July 1,2011 City Project No.02436 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 the 3 4 PRINCIPAL: 5 Teias Commercial Construction, LLC 6 -- 7 8 BY:���—� I 9 Signature 10 ATTEST: 1l 12 Charles Allen,Vice President 13 (Principal)Secretary Name and Title 14 15 Address: PO Box 10395 16 River Oaks TX 76114 17 18 19 Witness as t8hPrincipal 20 SURETY: 21 Endurance Reinsurance Corporation of America 22 23 24 BY: � 25 Signature 26 27 Chris Holt,Attorney-in-Fact 28 ATTEST: Name and Title 29 30 _ Address: 750 Third Avenue; 2nd Floor 31 (Surety)Secretary _New YQrK-N.-Y_10017 32 w 33 -- 34 Witness as to Surety Telephone Number: 817-261-1101 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. i 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 i CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 1 j Revised July 1,2011 City Project No.02436 ENDURANCE REINSURANCE CORPORATION OF AMERICA ERCA160170005 POWER OF ATTORNEY Know CQSKtt!i Mau(Present, that ENDURANCE REINSURANCE CORPORATION OF AMERICA.a Delaware corporation the'Corporation�,with offices at 4 Manhattanville Road,3rd Floor.Purchase.NY 10577 has made,constituted and appointed and by these presents,does make.constitute and appoint CHRIS L.HOLT,JOE RODNEY DUCKWORTH its!rue and lawful Attomevlsl-m-fact.at AMARILLO n the State of TX and each of them'o have full power to act without the other or others.to make,execute and deliver on is behalf,as surety or co-surety:bonds and urdertaKings given'or any and all purposes also to execute and deliver on is behalf as aforesaid renewals, extensions.agreements waivers.consents or stipulations relating to such Ponds or undertaKmgs provided however that ro single bond or undertaking so made,executed and delivered shall obligate the Corporation for any portion of the penal sum thereof n excess of the sum Pf TEN MILLION Dollars($10.000.00% Such bonds and undertakingSfor said purposes,when duly executed by said attomeylsl-m-`act.shall be birding upon the Corporation as`ally and to the same extent as if signed by the Presider,3Lq* MvM'UDrr x As corporate seal attested by is Corporate Secretary. This appoimttmenLttA19f1A.AR�fn�byaithonty of oertain esolutions adopted by the Board)fDirectors of the Corporation by unanimous Nntten consent on!he9th of January.2014, ot a copy ;+hich gears below un=e Mt Wing entitled-Certificate' ThisEwer of Attorney is signed and sealed q.facsimile order and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous Nritten consent on January rid said resoluborrhas not since been revoked.amended or epealed. RES9k`/ED that in gr&gVpQwers of attorn2Y pursuant!o certain resolutions adopted by'!Me Board if Directors of the Corporation by unanimous Nntten consent on January9.2014. the sigrsature of such dhed brs and officers an>itMe seal if'he Corporation may be affixed!o any such power of attorney or any.ertificate relating thereto by`acsimile and any such cower o6ipdomgy or certificate beanrtg suchfacsimile signature or seal shall be valid and orrding upon the Corporation n the`uture•Kith respect to any bond or undertaking to Nhich't is attaChej, ^- �. This power AWmey shall expire and ak authority'tereunder shall:erminale Nithout nonce at midnight,Stardard Timer Nhere said attomeyisl-in-facts authorized to act.) May 31 st.20 T7 IN NITNESS NHEREOF the Corporation has caused:hese Presents!o oe July signed and Is corporate seal to be hereunto affixed and attested this 1 st day if June.2016 at Purchase New York. Corporate Seal) / '` ENDLRA�NCEE REINSLRANCE CORPORATION OF AMERICA ATTESTBy - �,C/js0 o a �—f-2' MARIANNE L.'NILBERT SENIOR VICE PRESIDENT SHARON L.SIMS SENIOR VICE PRESIDENT STATE OF NEW YORK ss PURCHASE COUNTY OF WESTCHESTER On;he'st Jay of June.2016 before me Personally came SHARON L.SIMS.SENIOR vICE'RESIDENTto ne Known Nno oeing oy me duly sworn,did Depose and say that s)he ,esides n SCOTCH 91LAIN6 .YEW JERSEY:hat isilhe s a SENIOR ilCE PRESIDENT of ENDLRANCE REINSURANCE CCRPORA-ION OF AMERICA.the Corporation described in and Nhich gxecute4 medpo ru�s�trument!hat islhe'Knows the seal of said Corporation:that the seal affixed to said instrument is such corporate seat.that't Nas so affixed by order §irecfo of the Board of rs if said C'0rptwtion.and that;s)he signed his her name thereto by like order. iNotar*Se* �-rA j MARIA ARROYO.Notary Public -My Commission Expires 02/23/2017 J' �`3�`yCERTIFICATE q STATE OF VFWj,ORK s— y ss.PURCHASE COUNTY%WESTeHF�3i{ilt pV4 I.CHRISTOPHER DANE t+fe?RESIDENT of ENDLRANCE REINSURANCE CORPORA-ION OF AMERICA a Delaware Corporation tthe-Corporation'),hereby certify r 1. That the anginal cower if attorney 3f Nhich:he foregoing s a cony Nas July executed on oehalf of'he Corporation and las not since Peen revoked amended x modified.that the undersigned has compared:he`oregoing copy thereof Nith the original Power of attorney,and that:he same s a true and:orrect copy af'he original power if attorney and of the whole thereof. 2. The'bllowing are resolutions which Nere adopted by'he Board of Directors of the Corooration by unanimous Nntten consent on January9.2014 and said resolutions have not since been revoked,amended or modified: 'RESCLVED that each of the ndividuals named Delow s authorized!o make execute.seal and deliver`or and on behalf)f:he Corporation any and all bonds undertakings or obligations n surety or co-surety with others: CHRISTOPHER DONELAN.SHARON L.SIMS.MARIANNE L.WILBERT And be t further RESCL'vED that,,50 of 4ta^p ii uals named above s authorized to apoomt attorneysin-'act'or the purpose of making,executing,sealing and Jelivering bonds,undertakings or obligations iwspiety oryo-surety for aiii behalf of the Corooration.' 3. The resolutions are:rue and:orrect;Doles of the esolutions as 30 recorded and of the Nhole;hereof IN*I*SS"NHEREOF.I have hereunto so"hand and affixed the corporate seal this day of 20 iCalf ale Seal) J;7.A, _. ! J ZZ,,� CHRISTOPHER DONELAN.PRESIDENT � s