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Contract 48138
CITY SECRETARY L-22CONT CT NO. �.- FORTWORTH PROJECT MANUAL i FOR THE CONSTRUCTION OF STATE HIGHWAY 114 ��V UTILITY RELOCATION SEP - 2016 PART 4 � 4�,;•(t)'l=FORT WORTH • -4l nr' f City Project No. 01515 ! Water Project No. 59601-0600430-CO1515-CO1789 Betsy Price David Cooke Mayor City Manager John Robert Carman Water Director Prepared for The City of Fort Worth Water Department 2016 DUNAWA * � *�° *: .. KERVM!M.CAMPBELL Dunaway Associates, LP '• 9M31 . 550 Bailey Avenue, Suite 400 Fort Worth, Texas 76107 Office: 817-335-1121 /Fax: 817-335-7437 �// 20 www.(Ill nawayassociates.aoIII TX Reg F-1114 DALP Project#B000155.004 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/16/2016 - Ordinance No. 22359-08-2016 DATE: Tuesday, August 16, 2016 REFERENCE NO.: **C-27872 LOG NAME: 60SH114P4- CIRCLEC SUBJECT: Authorize Execution of a Contract with William J. Schultz, Inc. d/b/a Circle " C" Construction Company, in the Amount of$957,330.00 for the Water Relocation on State Highway 114, Part 4, at the Intersection of Interstate 1-35W and State Highway 114, Provide Staff Costs and Contingencies for a Project Amount of $1,153,000.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Water Capital Projects Closed Fund in the amount of $1,153,000.00; and 2. Authorize execution of a contract with William J. Schultz, Inc. d/b/a Circle " C" Construction Company, in the amount of$957,330.00 for the Water Relocation on State Highway 114, Part 4 at the intersection of Interstate 1-35W and State Highway 114. DISCUSSION: This Mayor and Council Communication is to authorize a construction contract for the relocation of existing water mains and appurtenances on State Highway 114 at the intersection of Interstate 1-35W and State Highway 114 to accommodate TXDOT's road widening project for State Highway 114. The project was advertised for bid on June 2, 2016 and June 9, 2016 in the Fort Worth Star-Telegram. On June 23, 2016, the following bids were received: Bidder Amount Time of Completion William J. Schultz, Inc. d/b/a Circle "C" Construction Company $957,330.00 270 Calendar Days North Texas Contracting, Inc. $1,073,140.00 IS J. Louis Construction of TX, Ltd $1 411,306.00 Jackson Construction 1$1,421,495.00 Mountain Cascade $1,649,515.00 In addition to the contract cost, $145,000.00 is required for construction staking, project management, Logname: 60SHI 14P4- CIRCLEC Page I of 3 material testing and inspection including $10,000.00 to clear negative balances for project management costs and $50,670.00 is provided for project contingencies. Construction is anticipated to commence in September 2016. With a contract time of 270 calendar days, the project is estimated to be completed by the end of March 2017. This project will have no impact on the Water Department's Operating Budget. M/WBE OFFICE: William J. Schultz, Inc. d/b/a Circle " C" Construction Company, is in compliance with the City' s BDE Ordinance by committing to zero percent MBE participation and documenting good faith effort. William J. Schultz, Inc. d/b/a Circle " C" Construction Company, identified several subcontracting and supplier opportunities. However, the MBE' s contacted in areas identified did not respond or did not submit the lowest bids. The City' s MBE goal on this project is eight percent. The project is located in COUNCIL DISTRICT 7, Mapsco 643Q, 643T and 643X. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds are available in the current capital budget, as appropriated, of the Water Capital Projects Closed Fund. After this appropriation, the balance available will be $19,292,230.00 in fund 59605 of the Water Capital Projects Fund. Appropriations for the State Highway 114 project will be as depicted below: Fund Existing Additional Future Project Appropriations Appropriations Appropriations Total* Water Capital Fund $2,407,767.00 $0.00 $0.00 $2,407,767.00 59601 Water Capital Fund $0.00 $17153,000.00 $0.00 $1,153,000.00 59605 Sewer Capital $218,800.00 $0.00 $0.00 $218,800.00 Fund 59607 �Project�^ $2,626,567 00 $1,153,000.00 000.00 $0.00 $3,779,567.00 Total * Numbers rounded for presentation purposes. FUND IDENTIFIERS (FIDs): TO Fund Department Accouni Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) 1 59605 0600430 4905420 C01515 C014ZZ 2016 $1,153,6-00.00 1 59605 0600430 5110101 C01515 C01480 2016 $29,000.00 Logname: 60SH114P4- CIRCLEC Page 2 of 3 1)1596051 0600430 5740010 C01515 C01483 2016 $1,008,000.00 1 59605 0600430 5330500 C01515 C01484 2016 $29,000.00 1)596051 0600430 5310350 C01515 C01484 2016 $10,000.00 1)596051 0600430 5110101 C01515 C01485 2016 $77,000.00 FROM Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year Chartfield 2 2 59605 0600430 5740010 C01515 C01483 2016 $957,330.00 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Roberto C. Sauceda (2387) ATTACHMENTS 1. 01515 60SH114P4 CIRCLEC 1295 form.pdf (Public) 2. 60SH114P4 CIRCLEC Compliance Memo.pd (CFW Internal) 3. 60SH114P4- CIRCLEC water A016r.docx (Public) 4. 60SH114P4-CIRCLEC MAP 01.pdf (Public) 5. 60SH114P4-CIRCLEC MAP 02.pdf (Public) 6. SAM Circle C Construction.pdf (Public) Logname: 60SHI 14P4- CIRCLEC Page 3 of 3 FORT WORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 00 35 13 Conflict of Interest Affidavit 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 -General Requirements 01 11 00 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 3120 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 7000 Mobilization and Remobilization 01 71 23(MOD)Construction Staking and Survey-MODIFIED 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 7823 Operation and Maintenance Data 01 78 39 Project Record Documents CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 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: his://prof ectpoint.buzzsaw.com/cl i ent/foi-twoi-thgov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment Paving Removal Division 03-Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material(CLSM) 93 -114 'T6Cene-retesp.Material far- Rep r 03 8000 Modifleations to Existing Geaer-4e Str-ueWr-es Division 26 Eleetr4eal 260533 Raeeways and Boxes for-Eleetrioal Systems Division 31 -Earthwork 3 i !Q nn Site rleaFi.,g 3123 16 Wflelassified E*eava4ie 312323 1� Tv � 'JY C7���i�iSi�V'CCI'AIIrL�t-1�'STj 31 2500 Erosion and Sediment Control 34 3600 n.,h-ian 3i 37 00 Ripfapr Division 32-Exterior Improvements 3201 i8 TefnpoFar,. Asphalt Paving Repair 320129 Gonerete Paving Repai 32 W 23 Fle)kible Base Courses 3zI 1 r: o T..o to 1 Base r,,,,fres la, I 1 -14 Gement Treated Base Gaufses 32 1216 Asphalt Payf*,.. 32 1273 Asphalt Paving GFaek Sealants 32 13 13 Goner-e4e Pa , 1:1 1 29 rAno-',.oto Pviveways and D.,rrie,.Free.Ramp 32 14 16 B-Aie-Ac-1-1-nit Paying 32 16 13 Gener-e*Curb-and-GuMews and Valley Gu4er-s 32 i7 23 Pavefnef4 Mark4ngs CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 32 31 26 Wire Fences and Gates 32 33129 Weed and Gates 32 32 i3 Cast in Plaee Gener-ete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding,and Sodding 32-93 41 Tees and Division 33-Utilities 33 Qi 30 Stevker-And-Manhole Testing QeSea circas-c (ccT- )-rriSpi-ceroiz 1-101, 10 Bypass Pumping of Existing Sewer-Systems 3304 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 3304 12 Magnesium Anode Cathodic Protection System 33 04 3� Tow r «.,Water-co ..; o 33 04 40 Cleaning and Acceptance Testing of Water Mains 33-04 50 Cleaning of Sewer-Mains 33 05 10 Utility Trench Excavation,Embedment,and Backfill 42 t:l 33 05 13 Frame,Cover and Grade Rings �^ Adjusting Td 1 / inlets,4n t7 i D a ntt,o«C4,•.,i,4.,..on 4i.('_«.,.to 99 }4 justrng Mcries'iales,inlets,Valve Ba*e`,and Othc:�rrac ur-es-o Gr-a& 3305 16 Concrete Water Vaults 33-0517 Gene-rete s 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 05 Bolts,Nuts,and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 33 11 13 Concrete Pressure Pipe,Bar-Wrapped, Steel Cylinder Type —Riffiviedd Steel Pipe and Fiftifigs 33 12 1 o Water- erviees 1 ire#to 2 ineh 33 i2 ii bar-ge Water-Meter-s 33 1220 Resilient Seated Gate Valve 33 1225 Connection to Existing Water Mains 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 33 1240 Fire Hydrants 21 4;1 Water-Sample Sta4iaas 33 �} 1Zz ('„,.oil ;.,P1 ee PiPe(CIDDI 33 31: 1:3 Fiber-glass Reinfemed Pipe for-Gfavity Sanitary Sewer-s 33-34 }5 High Density-Pelyethylene(l4P;✓)Pipez ewe 33 31 20 Pelyvinyl Eh}er-ide(D NTC)(-,.avity Saf*taffy Sewer-Pipe �2A 211 �I Polyvinyl Cklefide(PVC)Closed Pr-efile Gfavit� SaaitaFy sewel.Pipe CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 000000-4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 3-11 Sanitar-5,Sewer-Slip bining 33 3123 Saaitaf:y Sewer-Pipe Enlar-gemen4 : 3-i-sn —S13�1a�=vewe:ccrr"rce G vmicctionrumd aci-viccz rie 33 31 70 Combination A;«Valve f:,«C.,„:+..«.,Sewer-Fer- e Mains 333920 Pr-eeast Ganew-tete,Manhole 33 3930 Fiber-glasssManholes 33 39 40 Wastewmer-Aeeess Chaffibef(WAG) 13 21 Q�tin��p9� Ierfoi-ouii+aij=vc:vl-e+«ac+cn,c& 33-4} }A i�eiirry'roevZvircrecc-acvzirracn eiPiperccirTctcv igh Density Polyethylene(14PPE)Pipe faff Storm Drai 33 4600 Sub4ainage n, Slotted cam. T,«a:,, a n> �s n6 W n«Dr 9—rv-��44ene - ains 33 49 10 Gast in _Plaee Manholes anestie es 333 4920 Gurb and PfE)p Inlets 33 49 40 Ster-m Drainage Headwalls and Alkigwa4l-s 344}-18 r« ff e:,, ts 34 41 4001 At4aebment A rent oller-Cabinet 344'-r1 10.03 At4aeliment G. Sef .maye Speeif4eatieff 4 41 11 14 44 13 Removing T+affie Signals 34 41 15 Reetangular-Rapid Flashing Beaeon q4 44 16 Pedestrian 14-ybr-id Signal 34 4120 Roadway illuimlin-ation 24-8semblies 34-4}—s`tl:G-}—z�cenunIED D...,.7.. ,T of Ffeeway LED Roadway bominair-es 3441-`2.9 3 lie •a +; 1 TEDD d T �-icieircnn-a�D-=cvucr;'r'a�umirnlicS 34 41 30 Alumifmm Sig*s 34 71 13 TfflW46 GORtF01 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 000510-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page 1 of 1 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with the approved 7 M&C for the award of the project. AMC insert shall be on blue paper.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO.1 SH 114 UTILITY RELOCATION,PART 4 CITY PROJECT No. 0 15 15 ADDENDUM RELEASE DATE: June 21,2016 BIDS RECEIVED DATE:June 23,2016 INFORMATION TO BIDDERS: I The Plans, Specifications and Contract Documents for the above mentioned project are hereby revised and amended as follows: r Specifications: 1. SECTION 00 42 43 Proposal Form, Delete in its entirety and replace with revised Bid Proposal Form included. Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the amended Proposal,Unit I: IH 35W Southbound Frontage Road (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED&ACKNOWLEDGED ADDENDUM NO. 1" Failure to acknowledge the receipt of Addendum No. I 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. ROBERTO C.SAUCEDA,P.E. RECEIPT ACKNOWLEDGED: PROJECT MANAGER,WATE EPARTMENT By: By: oberto C.Sauceda,P.E. Title: Project Manager Company: Addendum No. 1 SH 114 Part 4 Utility Relocation City Project No.01515 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of STATE HIGHWAY 114 UTILITY RELOCATIONS PART 4, 6 City Project No. 01515, 59605-0600430-C01515-C01783 will be received by the City of Fort 7 Worth Purchasing Office: 8 9 City of Fort Worth 10 Purchasing Division 11 1000 Throckmorton Street 12 Fort Worth,Texas 76102 13 until 1:30 P.M. CST,Thursday,JUNE 23, 2016 and bids will be opened publicly and read aloud 14 at 2:00 PM CST in the Council Chambers. 15 16 GENERAL DESCRIPTION OF WORK 17 The major work will consist of the(approximate)following: Water Line installation along the 18 north side of SH 170(Alliance Gateway)and Utility Relocations in preparation of the 19 construction of the IH 35W Frontage Road, from Eagle Parkway to SH 114. The major work will 20 consist of the following(approximate): 21 22 2,400 LF 16"Water Line 23 1,247 LF 24"Water Line 24 340 LF 24"Steel Casing Pipe by other than open cut 25 340 LF 30" Steel Casing Pipe by other than open cut 26 27 28 PREQUALIFICATION 29 The improvements included in this project must be performed by a contractor who is pre- 30 qualified by the City at the time of bid opening. The procedures for qualification and pre- 31 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 32 33 DOCUMENT EXAMINATION AND PROCUREMENTS 34 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 35 of Fort Worth's Purchasing Division website at http://wwA,.fortworthp-ov.org/purchasing/and 36 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 37 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 38 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 39 Parties Form 1295 and the form must be submitted to the Project Manager before the 40 contract will be presented to the City Council. The form can be obtained at 41 httys://wwiv.ethics.state.tx.us/tec/1295-Info.htm .This will be a TxDOT reimbursement project 42 and Buy American will be required for all materials used on this project. 43 44 Copies of the Bidding and Contract Documents may be purchased from Dunaway Associates 45 L.P.,which is as follows: 550 Bailey Avenue, Suite 400,Fort Worth,Texas, 76107,which will 46 be available on Monday,June 6, 2016. 47 48 The cost of Bidding and Contract Documents is: 49 Set of Bidding and Contract Documents with full size drawings: $60 per set. CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised December 23,2015 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 Set of Bidding and Contract Documents with half size(if available)drawings: No half size 2 available. 3 4 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 5 City reserves the right to waive irregularities and to accept or reject bids. 6 7 INQUIRIES 8 All inquiries relative to this procurement should be addressed to the following: 9 Attn: Roberto C. Sauceda,P.E.,City of Fort Worth Water Department 10 Email: Robert.Sauceda@fortworthtexas.gov 11 Phone: 817-392-2387 12 Fax: 817-392-8195 13 AND/OR 14 Attn: Lisa M. Reese,P.E.,Dunaway Associates L.P. 15 Email: LReese@dunaway-assoc.com 16 Phone: 817-632-4766 17 18 ADVERTISEMENT DATES 19 June 2,2016 20 June 9,2016 21 22 END OF SECTION CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised December 23,2015 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 10 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm,partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2.Nonresident Bidder:Any person, firm, partnership, company, association, or 16 corporation acting directly through a duly authorized representative,submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 littps:Hproiectpoint.buzzsaw.com/fortworthpov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPavine 42 %20Contractor%2OPrequalification%2OProgram/PREOUALIFICATION%20REO 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 https://pro*ectpoint.buzzsaw.com/fortworthizov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 48 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REO 49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 10 1 2 3.1.3. Water and Sanitary Sewer—Requirements document located at; 3 https:Hprojectpoint.buzzsaw.com/fortworthyov/Resources/02%20- 4 %20Construction%2ODocuments/Cont•actor%2OPrequalification/Water%2Oand%2 5 OSanitary%2OSewer%2OContractor%2OPrequalification%2OProgram/WSS%20pre 6 gual%20requirements.doc?public 7 8 9 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 10 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 11 45 11,BIDDERS PREQUALIFICATIONS. 12 13 3.2.1. Submission of and/or questions related to prequalification should be addressed to 14 the City contact as provided in Paragraph 6.1. 15 16 17 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 18 bidder(s)for a project to submit such additional information as the City,in its sole 19 discretion may require,including but not limited to manpower and equipment records, 20 information about key personnel to be assigned to the project,and construction schedule, 21 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 22 deliver a quality product and successfully complete projects for the amount bid within 23 the stipulated time frame.Based upon the City's assessment of the submitted 24 information,a recommendation regarding the award of a contract will be made to the 25 City Council. Failure to submit the additional information,if requested,may be grounds 26 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 27 notified in writing of a recommendation to the City Council. 28 29 3.4.In addition to prequalification,additional requirements for qualification may be required 30 within various sections of the Contract Documents. 31 32 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 33 34 4.1.Before submitting a Bid,each Bidder shall: 35 36 4.1.1. Examine and carefully study the Contract Documents and other related data 37 identified in the Bidding Documents(including"technical data" referred to in 38 Paragraph 4.2.below).No information given by City or any representative of the 39 City other than that contained in the Contract Documents and officially 40 promulgated addenda thereto,shall be binding upon the City. 41 42 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 43 site conditions that may affect cost,progress,performance or furnishing of the 44 Work. 45 46 4.1.3. Consider federal,state and local Laws and Regulations that may affect cost, 47 progress,performance or furnishing of the Work. 48 49 50 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 10 1 2 4.1.4. Be advised,City,in accordance with Title VI of the Civil Rights Act of 1964, 78 3 Stat.252,42 U.S.C. 2000d to 2000d-4 and Title 49,Code of Federal Regulations, 4 Department of Transportation, Subtitle A,Office of the Secretary,Part 21, 5 Nondiscrimination in Federally-assisted programs of the Department of 6 Transportation issued pursuant to such Act,hereby notifies all bidders that it will 7 affirmatively insure that in any contract entered into pursuant to this advertisement, 8 minority business enterprises will be afforded full opportunity to submit bids in 9 response to this invitation and will not be discriminated against on the grounds of 10 race,color,or national origin in consideration of award. 11 12 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 13 contiguous to the Site and all drawings of physical conditions relating to existing 14 surface or subsurface structures at the Site(except Underground Facilities)that 15 have been identified in the Contract Documents as containing reliable "technical 16 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 17 at the Site that have been identified in the Contract Documents as containing 18 reliable"technical data." 19 20 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 21 the information which the City will furnish.All additional information and data 22 which the City will supply after promulgation of the formal Contract Documents 23 shall be issued in the form of written addenda and shall become part of the Contract 24 Documents just as though such addenda were actually written into the original 25 Contract Documents.No information given by the City other than that contained in 26 the Contract Documents and officially promulgated addenda thereto, shall be 27 binding upon the City. 28 29 4.1.7. Perform independent research,investigations,tests,borings,and such other means 30 as may be necessary to gain a complete knowledge of the conditions which will be 31 encountered during the construction of the project. On request,City may provide 32 each Bidder access to the site to conduct such examinations,investigations, 33 explorations,tests and studies as each Bidder deems necessary for submission of a 34 Bid. Bidder must fill all holes and clean up and restore the site to its former 35 conditions upon completion of such explorations,investigations,tests and studies. 36 37 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 38 cost of doing the Work,time required for its completion,and obtain all information 39 required to make a proposal.Bidders shall rely exclusively and solely upon their 40 own estimates,investigation,research,tests,explorations, and other data which are 41 necessary for full and complete information upon which the proposal is to be based. 42 It is understood that the submission of a proposal is prima-facie evidence that the 43 Bidder has made the investigation,examinations and tests herein required. Claims 44 for additional compensation due to variations between conditions actually 45 encountered in construction and as indicated in the Contract Documents will not be 46 allowed. 47 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 10 1 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 2 between the Contract Documents and such other related documents.The Contractor 3 shall not take advantage of any gross error or omission in the Contract Documents, 4 and the City shall be permitted to make such corrections or interpretations as may 5 be deemed necessary for fulfillment of the intent of the Contract Documents. 6 7 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 8 9 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 10 the site which have been utilized by City in preparation of the Contract Documents. 11 The logs of Soil Borings,if any,on the plans are for general information only. 12 Neither the City nor the Engineer guarantee that the data shown is representative of 13 conditions which actually exist. 14 15 4.2.2. those drawings of physical conditions in or relating to existing surface and 16 subsurface structures(except Underground Facilities)which are at or contiguous to 17 the site that have been utilized by City in preparation of the Contract Documents. 18 19 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 20 on request. Those reports and drawings may not be part of the Contract 21 Documents,but the "technical data" contained therein upon which Bidder is entitled 22 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 23 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 24 responsible for any interpretation or conclusion drawn from any"technical data"or 25 any other data, interpretations,opinions or information. 26 27 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 28 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 29 exception the Bid is premised upon performing and furnishing the Work required by the 30 Contract Documents and applying the specific means,methods,techniques,sequences or 31 procedures of construction(if any)that may be shown or indicated or expressly required 32 by the Contract Documents,(iii)that Bidder has given City written notice of all 33 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 34 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 35 etc.,have not been resolved through the interpretations by City as described in 36 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 37 and convey understanding of all terms and conditions for performing and furnishing the 38 Work. 39 40 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos,Polychlorinated 41 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 42 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 43 Documents. 44 45 5. Availability of Lands for Work,Etc. 46 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 10 1 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 2 access thereto and other lands designated for use by Contractor in performing the Work 3 are identified in the Contract Documents. All additional lands and access thereto 4 required for temporary construction facilities, construction equipment or storage of 5 materials and equipment to be incorporated in the Work are to be obtained and paid for 6 by Contractor. Easements for permanent structures or permanent changes in existing 7 facilities are to be obtained and paid for by City unless otherwise provided in the 8 Contract Documents. 9 10 5.2.Outstanding right-of-way,easements, and/or permits to be acquired by the City are listed 11 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 12 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 13 the award of contract at any time before the Bidder begins any construction work on the 14 project. 15 16 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 17 way,easements,and/or permits,and shall submit a schedule to the City of how 18 construction will proceed in the other areas of the project that do not require permits 19 and/or easements. 20 21 6. Interpretations and Addenda 22 23 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 24 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 25 received after this day may not be responded to. Interpretations or clarifications 26 considered necessary by City in response to such questions will be issued by Addenda 27 delivered to all parties recorded by City as having received the Bidding Documents. 28 Only questions answered by formal written Addenda will be binding. Oral and other 29 interpretations or clarifications will be without legal effect. 30 31 Address questions to: 32 33 City of Fort Worth 34 1000 Throckmorton Street 35 Fort Worth,TX 76102 36 Attn:Robert C. Sauceda,P.E.,City of Fort Worth Water Department 37 Fax: 817-392-8195 38 Email: Robert.Sauceda@fortworthtexas.gov 39 Phone: 817-392-2387 40 41 42 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 43 City. 44 45 6.3.Addenda or clarifications may be posted via Buzzsaw at 46 https://projectpoint.buzzsaw.com/_bz_rest/Web/Landing?siteName=fortworthgov&Redi 47 rectUrl=%2Fclient%2Ffortworthgov%2FInfrastructure+Projects%2F01515 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 10 1 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 2 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 3 Project. Bidders are encouraged to attend and participate in the conference. City will 4 transmit to all prospective Bidders of record such Addenda as City considers necessary 5 in response to questions arising at the conference. Oral statements may not be relied 6 upon and will not be binding or legally effective. 7 8 7. Bid Security 9 10 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 11 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 12 the requirements of Paragraphs 5.01 of the General Conditions. 13 14 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 15 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 16 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 17 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 18 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 19 other Bidders whom City believes to have a reasonable chance of receiving the award 20 will be retained by City until final contract execution. 21 22 8. Contract Times 23 The number of days within which,or the dates by which,Milestones are to be achieved in 24 accordance with the General Requirements and the Work is to be completed and ready for 25 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 26 attached Bid Form. 27 28 9. Liquidated Damages 29 Provisions for liquidated damages are set forth in the Agreement. 30 31 10. Substitute and "Or-Equal" Items 32 The Contract,if awarded,will be on the basis of materials and equipment described in the 33 Bidding Documents without consideration of possible substitute or"or-equal" items. 34 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 35 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 36 City,application for such acceptance will not be considered by City until after the Effective 37 Date of the Agreement. The procedure for submission of any such application by Contractor 38 and consideration by City is set forth in Paragraphs 6.05A.,6.05B.and 6.05C. of the General 39 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 40 41 11. Subcontractors,Suppliers and Others 42 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 10 1 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 2 12-2011 (as amended),the City has goals for the participation of minority business 3 and/or small business enterprises in City contracts.A copy of the Ordinance can be 4 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 5 SBE Utilization Form,Subcontractor/Supplier Utilization Form,Prime Contractor 6 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 7 Venture Form as appropriate.The Forms including documentation must be received 8 by the City no later than 2:00 P.M.CST,on the second business days after the bid 9 opening date.The Bidder shall obtain a receipt from the City as evidence the 10 documentation was received.Failure to comply shall render the bid as non- 11 responsive. 12 13 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 14 or organization against whom Contractor has reasonable objection. 15 16 12. Bid Form 17 18 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 19 obtained from the City. 20 21 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 22 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 23 the Bid Form. A Bid price shall be indicated for each Bid item, alternative,and unit 24 price item listed therein. In the case of optional alternatives,the words "No Bid," 25 "No Change," or"Not Applicable"may be entered.Bidder shall state the prices, 26 written in ink in both words and numerals, for which the Bidder proposes to do the 27 work contemplated or furnish materials required.All prices shall be written legibly. 28 In case of discrepancy between price in written words and the price in written 29 numerals,the price in written words shall govern. 30 31 12.3. Bids by corporations shall be executed in the corporate name by the president or a 32 vice-president or other corporate officer accompanied by evidence of authority to 33 sign. The corporate seal shall be affixed. The corporate address and state of 34 incorporation shall be shown below the signature. 35 36 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 37 partner,whose title must appear under the signature accompanied by evidence of 38 authority to sign. The official address of the partnership shall be shown below the 39 signature. 40 41 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 42 member and accompanied by evidence of authority to sign. The state of formation of 43 the firm and the official address of the firm shall be shown. 44 45 12.6. Bids by individuals shall show the Bidder's name and official address. 46 47 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 48 indicated on the Bid Form. The official address of the joint venture shall be shown. 49 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 10 1 12.8. All names shall be typed or printed in ink below the signature. 2 3 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 4 which shall be filled in on the Bid Form. 5 6 12.10. Postal and e-mail addresses and telephone number for communications regarding the 7 Bid shall be shown. 8 9 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 10 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 11 to State Law Non Resident Bidder. 12 13 13. Submission of Bids 14 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 15 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 16 addressed to Purchasing Manager of the City,and shall be enclosed in an opaque sealed 17 envelope,marked with the City Project Number,Project title,the name and address of 18 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 19 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 20 envelope with the notation"BID ENCLOSED" on the face of it. 21 22 14. Modification and Withdrawal of Bids 23 24 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 25 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 26 must be made in writing by an appropriate document duly executed in the manner 27 that a Bid must be executed and delivered to the place where Bids are to be submitted 28 at any time prior to the opening of Bids.After all Bids not requested for withdrawal 29 are opened and publicly read aloud,the Bids for which a withdrawal request has been 30 properly filed may,at the option of the City,be returned unopened. 31 32 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 33 time set for the closing of Bid receipt. 34 35 15. Opening of Bids 36 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 37 abstract of the amounts of the base Bids and major alternates(if any)will be made available 38 to Bidders after the opening of Bids. 39 40 16. Bids to Remain Subject to Acceptance 41 All Bids will remain subject to acceptance for the time period specified for Notice of Award 42 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 43 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 44 45 17. Evaluation of Bids and Award of Contract 46 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 10 1 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 2 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 3 and to reject the Bid of any Bidder if City believes that it would not be in the best 4 interest of the Project to make an award to that Bidder,whether because the Bid is 5 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 6 meet any other pertinent standard or criteria established by City. City also reserves 7 the right to waive informalities not involving price,contract time or changes in the 8 Work with the Successful Bidder. Discrepancies between the multiplication of units 9 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 10 between the indicated sum of any column of figures and the correct sum thereof will 11 be resolved in favor of the correct sum. Discrepancies between words and figures 12 will be resolved in favor of the words. 13 14 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 15 among the Bidders,Bidder is an interested party to any litigation against City, 16 City or Bidder may have a claim against the other or be engaged in litigation, 17 Bidder is in arrears on any existing contract or has defaulted on a previous 18 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 19 Bidder has uncompleted work which in the judgment of the City will prevent or 20 hinder the prompt completion of additional work if awarded. 21 22 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 23 other persons and organizations proposed for those portions of the Work as to which 24 the identity of Subcontractors, Suppliers,and other persons and organizations must 25 be submitted as provided in the Contract Documents or upon the request of the City. 26 City also may consider the operating costs,maintenance requirements,performance 27 data and guarantees of major items of materials and equipment proposed for 28 incorporation in the Work when such data is required to be submitted prior to the 29 Notice of Award. 30 31 17.3. City may conduct such investigations as City deems necessary to assist in the 32 evaluation of any Bid and to establish the responsibility, qualifications,and financial 33 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 34 organizations to perform and furnish the Work in accordance with the Contract 35 Documents to City's satisfaction within the prescribed time. 36 37 17.4. Contractor shall perform with his own organization,work of a value not less than 38 35%of the value embraced on the Contract,unless otherwise approved by the City. 39 40 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 41 responsive Bidder whose evaluation by City indicates that the award will be in the 42 best interests of the City. 43 44 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 45 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 46 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 47 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 48 comparable contract in the state in which the nonresident's principal place of 49 business is located. 50 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of 10 1 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 2 to be awarded,City will award the Contract within 90 days after the day of the Bid 3 opening unless extended in writing. No other act of City or others will constitute 4 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 5 the City. 6 7 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 8 9 18. Signing of Agreement 10 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the I I required number of unsigned counterparts of the Agreement. Within 14 days thereafter 12 Contractor shall sign and deliver the required number of counterparts of the Agreement to 13 City with the required Bonds, Certificates of Insurance,and all other required documentation. 14 City shall thereafter deliver one fully signed counterpart to Contractor. 15 16 17 18 END OF SECTION CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIQ.pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 [✓]� CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 0 CIS Form is on File with City Secretary 20 21 F--j CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 Circle C Construction By: 2,0zAXa 28 Company (Please Pri 29 / 30 P. O. Box 40328 Signature: �Ge000 31 Address 32 33 Fort Worth, TX 76140 Title: 1 . �i,-ice'X274 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 0041 00 BID FORM Page 1 ora SECTION 00 41 00 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: State Highway 114 Utility Relocation Part 4 City Project No.: 01515 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. Cl. "coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STATE HIGHWAY 114 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER SEWER RELOCATION-PART I Form Revised 20l 10627 CITY PROJECT NO.901515 i i 0041 00 BID FORM Page 2 0£3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Improvements 4. Time of Completion 4.1, The Work will be complete for Final Acceptance within 270 calendar day: when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4,2, Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a, This Bid Form b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form Section d, Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g, Conflict of Interest Affidavit,Section 00 35 13 h, Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. ,193 9,.?30. 0 a 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. CITY OF FORT WORTH STATE HIGHWAY 114 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER SEWER RELOCATION-PART I Form Revised 20110627 CITY PROJECT NO 901515 00 41 00 DID FORM Page 3 of 3 6.3. Evaluation of Alternate Bid Items-NA 7. Bid Submittal This Bid is submitted on f n t 23 ZOiG by the entity named below. Respectfully submitted, Receipt is acknowledged of l� the following Addenda: Initial By: Addendum No. 1: (Signature) Addendum No.2: // Addendum No.3: �l�S cS�ifrr��N Addendum No.4: (Pr' ted Name) Title: Company:4� / ,?m �Sch�/�t/i76�6a Giz.—,Ie rporate Seal: Address: 14-20_90,K �D�Zwg i I State of Incorporation: Email: �G�fN(�YC/icl CCv�Sr'i�cJioi�,�o�l Phone: END OF SECTION CITY OF FORT WORTH STATE HIGHWAY 114 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER SEWER RELOCATION-PART 1 Fom,Revised 20110627 CRY PROJECT NO.01515 00 42 43 DID FORM Fag.I or4 SECTION 00 42 43 PROPOSAL FORM Addendum No.1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal No. Bid List Item Specification Bid Quantity Unit of Description Unit Price Bid Value No. Section No. Measurement Unit 1-IH 35W Southbound Frontage Road 1A 3311.0651 3311 10 1,250 LF 24"DIP Water /1 61070/ianO�i�ieY T�i� Dopar o� d 1740 Cents $ / o - $ GtS'GIO 16 3311,0661 3311 13 1,250 LF 24"Concrete AWWA C303 Water Pipe A0 V 1 C/ Dollar /!d Cents $ Nv 2A 3311.0001 3311 11 3 TON Ductile Iron Water Fittings w/Restraint �/ TliOaSA�y Dollar O D Cents $ nm s2f 00a 28 3311.0021 33 11 13 1 LS C303 Fittings "ve, x/ Dollar Cents $ /V _ $CJ/I pl_ 3 3305.1005 33 05 22 20 LF 30"Steel Casing By Open Cut Dollar O G Cl /)!� Cents $ G/ $ 9000 - 4 3305.1008 33 05 22 60 LF 48"Steel Casing By Open Cut SPvrn �Nn Q r/y Dollar /!OOU oU Cents $ $MOO(J- 5 3312.0108 33 12 25 4 FIA Connection to Existing 24"Water Main S�'r Th O N S O.17 Cl Dollar p e 0 n U Cents $ 6000 - szYe0Q 6 0241.1209 02 41 04 2 EA 24"Water Abandonment Plug 0J7���Os�SOilo��%I A.r+tllr�i'.6ollar O o /70 Cents $/,57,1,0_ $300 a 7 3312.3109 33 12 20 1 EA 24"Cut-in Gate Valve w/Vault 7�isir fY �vt �1j�µtOn d Dollar t v p IVO Cents DO v $wOOV 8 3312.1002 33 12 30 1 EA 2"Combination Air Valve Assembly for Water /e�lG�7� 7hOuJl�/n0� T/d✓P �!•H 4�//d Dopar • O (/ Cents $ BSOQ sfiSOt'� Note: Contractor to select only one option for Items numbered A or B CITY Uf+FUR7'WVKTH S7 A7'L HIGHWAY 114 STANDARD CONSTRUCTION SPECIRCATION DOCUMENTS WATLR SEWGR KELOCA770N-PART I F-.R-id 20110627 CITYPROJECTNO 001515 00424) DID FORM Page 2 of 4 SECTION 00 42 43 PROPOSALFORM Addendum No.1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal No Bid List Item Specification gid Quantity Unit of Description Unit Price Bid Value No. Section No. Measurement 9 0241.1001 0241 14 150 CY Water Line Grouting T4✓OhN,,O//a., Dollar 00 e 090 Cents $200 _ 5LY0000 10 3305.0109 33 05 10 1,320 LF Trench Safely O/,C Dollar O U d n O Cents $ $A Z0 - 11 3291.0100 3291 19 335 CY Topsoil Dollar 00 O n d Cents $AS— $V�Qls. 12 3292.0100 32 92 13 1,645 SY Hydromulch1Seeding Dollar 00 e O Cents $ 3 S 13 3304.0002 33 04 12 1 LS Cathodic Protection /✓I f9q/i�p/iO Dollar tvo O v Cents $BSOGZ S 14 3305.0116 33 05 10 60 LF Concrete Encasement for Utility Pipes Dollar Cp CG X70 Cents $& 15 241.0500 0241 13 35 LF Remove and Replace Barbed Wire Fence . i Dollar d 0 0 /!O Cents $ 4?b $ 700 16 9999.0001 01 71 23 1 LS Construction Staking TCt/O / X11,70,11,ell Dollar i!V Cents $ �� $Z��O 17 9999.0002 0171 23 1 LS Construction Survey 7w d T//)O.Gcf D/1 Dollar ny Cents $ 18 9999.0003 1 LS Construction Allowance Sixty Thousdand Dollars Zero Cents 1 $ 60,000.00 $ 60,000.00 Unit 1-IH 35W Southbound Frontage Road Subtotal $ $ O o CITY OF FORT WORTH STAT11HIGHWAY 114 SrANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER SEWER RELOCATION-PART I Fo Revised 20110627 CITY PROJECT NO#01515 00 42 43 DID FORM Pogc 3 or4 SECTION 00 42 43 PROPOSALFORM Addendum No.1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal No. Bid List Item Specification gid Quantity Unit of Di No. Section No. y Description Measurement p Unit Price Bid Value Unit 2-SH 170 1 3311.0141 33 11 10,33 11 12 65 LF 6"Water Pipe Dollar d O 07 Cents s 50' s3Zsd- 2 3311.0341 33 11 10,33 11 12 60 LF 1l7'Water Pipe � r�✓/ Dollar O i /7 V aCP Cents 3 3311.0561 33 11 12 2,055 LF 16"PVC C905 Water pipe eC Dollar IF Ov d V Cents $ 70 $ o 4 3305.2005 33 05 24 340 LF 16"Water Carrier Pipe 000 4"07 o//i q Dollar pG a Cents $ /QQ s 5 3305.1104 33 05 22 340 LF 30"Steel Casing Pipe By Other Than Open Cut H"wli5��// Dollar �r—T-- a U A U Cents $ 200 6 3312.3002 33 12 20 2 EA 6"Gate Valve OnC 71,49p&ey D a C Dollar O O Cents $ /0,0,0 s Z�OQ 7 3312.3004 33 12 20 3 EA 10"Gate Valve I OiJe /�ioua/o 07 o", Dollar d O i Cents s � OD S O U- 8 3312.3005 33 1220 4 EA 16"Gate Valve cilslr� ��oufo 07 01/ Dollar pp O O Cents SOSOO - 000 9 3312,0001 331240 2 EA Fire Hydrant J f��j/✓.�/ Th/a 1J!i/17.r/ Dollar OG C.) Cents s,?S'Q0 s7-0-00. 10 3311.0001 33 1 111 5 TON Ductile IronWaterFillings wl Restraint urrP//.Z� T�Ou�sllno� r/�UA�✓� Dollar P O r n V Cents s DO. $,3Zs 00 CITYO-FORT WORTH STATE HIGHWAY 114 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER SEWER RELOCATION-PART I Form Revised 70110627 CITY PROJECT NO 01515 004241 BID FORM Page 4 oro SECTION 00 42 43 PROPOSALFORM Addendum No.1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal No. Bid List Item Specification gid Quantity Unit of No. Section No. y Measurement Description Unit Price Bid Value 11 3312.0117 33 12 25 3 EA Connection to Existing 4"-12"Water Main 14"0 /Xv I+cfA/P L✓ 4r� /x..1 o%.d Dollar c v G /-140 Cents S ZOO C1 S7 - 12 3305.0109 33 05 10 2,200 LF Trench Safety Ong -Dollar c G A?4) Cents s WOO O0 - 13 3291.0100 3291 19 410 CY Topsoil +++ _ r' 44 41.el Dobr � O 070 Cents S $ 14 3292.0100 32 92 13 2,500 SY Block Sod Placement .0,lal Douar G G O �7 �j 15 9999.0001 Oi 71 23 1 LS Construction Staking 40 Cents $ $20-000 7�wo �joc.,soas✓ /' Dollar 00 0 n .ZfOlJ_ S ZSOlJ- 16 9999.0002 01 7123 1 LS Construction Su//rve Cents S -/,, T,o srr f '0"-' Dollar Cents $ 2tSB� S�S00� 17 9999.0003 0 1 LS Construction Allowance Sixty Thousdand Dollars Zero Cents s 60,000.00 1 S60.000.00 Unit 2-SH 170 Subtotal S S.S4Zp - d v BID SUMMARY 00 Unit 1-IH 35W Southbound Frontage Road Subtotal $ y/dsB4o, Unit 2-SH 170 Subtotal s v�287,s'D, o Total Bid S G y'S� �33a•�vc� QS i clrr or•FORT woRTN STATE IIIGH%VAY 114 FoSTANDARD CONSTRUCTION SPECfFICAJION UDCUI.IEN I S WATER SE WER RELOCA'nON-PART I rm RevIrcA 20110627 CITY PROJECT NO 001515 0043 13 BID FORM Page I of I SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) hereinafter called the Principal,and(Surety Name) a corporation or film duly authorized to transact surety business in the State of Texas,hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of and No/100 Dollars ($ .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 State Highway 114 Utility Relocation Part 4 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 ATiting with the Obligee in accordance with the terms of such proposal,then this bond shall be null and void.If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee,without recourse of the Principal and/or Surety,not to exceed the penalty hereof,and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of ,2016. By: (Signature and Title of Principal) *By: (Signature of Attorney-of-Fact) * Impressed Attach Power of Attorney(Surety)for Attorney-in-Fact Surety Seal Only END OF SECTION CITY OF FORT WORTH STATE HIGHWAY 114 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER SEWER RELOCATION-PART I Forth Revised 20110627 CITY PROJECT NO.401515 MERCHANT �S BONDING COMPANY,. MERCHANTS BONDING COMPANY(MUTUAL) P.O. BOX 14498, DES MOINES, lowA 50306-3498 PHONE: (800) 678-8171 FAX: (S15)243-3854 BID BOND PUBLIC WORK Bond No. N/A KNOW ALL PERSONS BY THESE PRESENTS: That William J. Schultz, Inc.dba Circle C Construction Company, 1'.O. Box 40328, Fort Worth,TX 76140 (hereinafter called the Principal) as Principal, and the Merchants Bonding Company(Mutual) (hereinafter called Surety), as Surety, are held and firmly bound to City of Fort Worth, 1000 Throckmorton Street, Fort Worth,Texas 76102 (hereinafter called the Obligee) in the full and just sum of( 5%of Greatest Amount Bid ) Five Per Cent of Greatest Amount Bid Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. Signed and dated this 23rd day of June 2016 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Construction of State Highway 114 Utility Relocations Part 4,City Project No. 01515, 59605-0600430-CO1515-CO1783 according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the Merchants Bonding Companv(Mutual) , as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: William J. Schultz,Inc. dba Circle C Construction Company Principal By 'Teresa S. 'kelly,Vice President ss as to S1lrety: ttesk MCrChal onding Compalw(Mutu•I ou�r�- e • By John A.Miller She A. Kl ts,Attorney-in-Fact CON 0333(2/15) MERCHANTS BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies')do hereby make,constitute and appoint, Individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION($10,000,000.00)DOLLARS This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 MERCHANTS BONDING COMPANY(MUTUAL) . t'T�OQ<©' .••OaO,EtP A 'oq•• MERCHANTS NATIONAL BONDING,INC. 44 1933 c; STATE OF IOWA ',,'�'' rrm arrN�,`,,`' �• '.a.••••. COUNTY OF Dallas ss. President On this 15th day of August 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors, ticR"^4s WENDY WOODY z° • Commission Number 784654 My Commission Expires June 20,2017 Notary Publi , County,Iowa (Expiration of notary's commission does not invalidate this instrument) 1,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC„ do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is stili in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of June,2016 I0144°'''., .'p�NC' 0,19••• G i � 4? -o- o' Secretary 1933 POA 0014(6/15) "'..,,,;Y.�rr��"`° ••...... MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL.BONDING, INC. P.O. BOX 14498 - DES MOINES, IOWA 50306-3498 -(800)678-8171 • (S15)243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual)/Merchants National Bonding, Inc. P.O.Box 14498 Des Moines,Iowa 50306-3498 (515)243-8171 (800)678-8171 Physical Address: 6700 Westown Parkway,West Des Moines,Iowa 50266 i (c SUP 0073 TX(2/15) I i i CIO 43 37 BID FORM Page I of I 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 ofnonresident 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 underbid resident bidders. B.The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: / / ,/ Company: By: Address: /d�7WD/f i TiY 7G�✓� (Signature) ) Title: Phone No.: �/ G 7�^��(p„� // Date: G END Or SECTION CITY OF FORT WORTH STATE HIGHWAY 114 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER SEWER RELOCATION-PART I Farni Revised 20110627 CITY PROJECT NO 901515 004511-1 BIDDERS PREQUALIFICATIONS Page I 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 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization,Certificate of Formation,LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet.This number 33 is used by the City for required reporting on Federal Aid projects.The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements.Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 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 aT 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. CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 c. The City will issue a letter as to the status of the prequalification approval. 2 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 3 the prequalified work types until the expiration date stated in the letter. 4 5 6 7 8 9 END OF SECTION 10 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 00 45 12- t PREQUALIFICATION STATEMENT Page 1 of I 1 SECTION 00 45 12 2 PREQUALIFICATION STATEMENT 3 4 Each Bidder for a City procurement is required to complete the information below by identifying 5 the prequalified contractors and/or subcontractors whom they intend to utilize for the major work 6 type(s)listed. 7 Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water Improvements 8 9 10 The undersigned hereby certifies that the contractors and/or subcontractors described in 11 the table above are currently prequalified for the work types listed. 12 13 BIDDER: 14 1s By: 16 Company (Please Print) 17 /� 18 /—� Signature: 19 Address 21 14—e ddd/ L�/D/J� f�/}��G��Q Title: 7/ 22 City/State/Zip (Please Print) 23 24 Date: -Z4 25 26 END OF SECTION 27 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO 01515 Revised February 2,2016 FORT WORTH SECTION 00 4513 lro"�BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership Name under which you wish to qualify General Partnership Corporation riLimited 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 STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 0045 13-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES,CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP,42-inches and smaller Sewer CIPP,All Sizes Sewer Collection System,Development, 8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System,Development, 12-inches and smaller Sewer Collection System,Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development,24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development,48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement,All Sizes Sewer Cleaning,24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction(15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction(15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 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 STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so,when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner,officer, director,or stockholder of your 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 STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited,or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles,if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised.Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various".The City,by allowing you to show only 30 types of equipment,reserves the right to request a complete,detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model,and general common description of each. CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given;that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information,while this statement is in force,necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer,director,or stockholder or relative thereof. CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 i 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. 01515. 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 Circle C Construction By. &Ta 13 Company (Please Print) 14 15 P. O. Box 40328 Signature: /r 16 Address 17 � 18 Fort Worth, TX 76140 Title: l/irr•��.,r�'o/� 19 City/State/Zip (Please Print) 20 21MICHELE S.LANKFORD 22 THE STATE OF TEXAS =:°,' �`_ Notary Public 23 %*= STATE OF TEXAS =°�; *pE Notary IU 1111765413.6 24 COUNTY OF TARRANT "'- oa R My Coo— Exp 000b0f 7,9019 25 26 BEFORE ME,the undersigned authority,on this day personally appeared 27 e--e-5o SQ>Le,I IQ ,known to me to be the person whose name is 28 subscribed to the foreg ung in ment,and acknowledged to me that he/she executed the same as 29 the act and deed of j Ge., Pre5i Gf e�- for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 t ' 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 33 c�S}� ,201, 34 35 36 �CQr�,p_sv . it PI-M 37 Notary Public in and for the State of as 38 39 END OF SECTION 40 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 00 45 40-1 Minority Business Enterprise Specifications Pagel of2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 6 applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOALS 14 The City's MBE goal on this project is 8% of the total bid value of the contract(Base bid applies to Parks 15 and Community Services). 16 17 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 18 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts $50.000 or more where a MBE subcontracting goal is applied, Offerors are required to 22 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Prime Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 The applicable documents must be received by the Purchasing Division, within the following times 30 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 31 deliver the MBE documentation in person to the appropriate employee of the purchasing division and 32 obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the 33 time allocated. A faxed and/or emailed copy will not be accepted. 34 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if day after the bid opening date, exclusive of the bid opening participation is less than statedgoal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 35 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form,if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions,Please Contact The M/WBE Office at(817)212-2674. 8 END OF SECTION 9 10 11 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 00 45 41-1 SMALL BUSINESS ENTERPRISE GOAL Pagel of 2 1 SECTION 00 45 41 2 SMALL BUSINESS ENTERPRISE GOAL 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is $50,000 or more, then a SBE subcontracting goal is 6 applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Small 10 Business Enterprises (SBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 SBE PROJECT GOAL 14 The City's SBE goal on this project is 0%of the base bid (Base bid applies to Parks and Community 15 Services). 16 17 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 $50,000 or more where a SBE subcontracting goal is applied Offerors are required 23 to comply with the intent of the City's Business Diversity Enterprise 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. Prime Waiver documentation. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION 31 The applicable documents must be received by the Purchase Division, within the following times 32 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror 33 shall deliver the SBE documentation in person to the appropriate employee of the purchasing 34 division and obtain a date/time receipt. Such receipt shall be evidence that the City received the 35 documentation in the time allocated. A faxed and/or emailed copy will not be accepted. 1. Subcontractor Utilization Form,if goal is received no later than 2:00 p.m.,on the second City business met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received no later than 2:00 p.m.,on the second City business Utilization Form,if participation is less than days after the bid opening date, exclusive of the bid opening statedgoal: date. 3. Good Faith Effort and Subcontractor received no later than 2:00 p.m.,on the second City business Utilization Form,if no MBE participation: days after the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm received no later than 2:00 p.m.,on the second City business will perform all subcontracting/supplier work: days after the bid opening date,exclusive of the bid opening date. 36 CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 004541-2 SMALL BUSINESS ENTERPRISE GOAL Page 2 of 2 1 5. Joint Venture Form,if goal is met or received no later than 2:00 p.m.,on the second City business exceeded: days after the bid opening date,exclusive of the bid opening date. 2 3 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE 4 ORDINANCE WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO 5 SPECIFICATIONS. 6 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN 7 THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL 8 RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. 9 THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A 10 DISQUALIFICATION PERIOD OF THREE YEARS. 11 Any questions,please contact the M/WBE Office at(817)212-2674 12 13 END OF SECTION CITY OF FORT WORTH STATE HIGHWAY 114 UTILITY RELOCATION-PART 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01515 Revised February 2,2016 00 52 43-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT,authorized on Ir /(, is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, . 5 ("City"), and William J. Schultz, Inc. d/b/a Circle C Construction Company authorized to do 6 business in 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 may be the whole or only a part is 14 generally described as follows: 15 State Highway 114 Utility Relocation, Part 4 16 City Project No. 01515, 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 270 Calendar days after the date 23 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 24 Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Four Hundred Twenty Dollars ($420.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. CITY OF FORT WORTH State Highway 114 Utility Relocation,Part 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01515 Revised August 17,2012 005243-2 Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Nine Hundred Fifty Seven Thousand Three Hundred 39 Thirty Dollars($957,330.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 £ Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MBE and/or SBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued,become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH State Higlnvay 114 Utility Relocation,Part 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01515 Revised August 17,2012 005243-3 Agreement Page 3 of 4 75 Article 6.INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of,the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused,in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs,expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act,omission or negligence of the city. 95 96 Article 7.MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article I of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH State Highway 114 Utility Relocation,Part 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01515 Revised August 17,2012 005243-4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same_as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 128 Contractor: City of Fort Worth William J. Schultz, Inc. dba �— Circle C Construction Company By: 3 Jesus J Chapa \e, By: Assistant City M ®, . (Signature) Dateo o0;@- � Teresa S. Skelly Attest: P (Printed Name) City Secretary / P-1 (Seal) A S. Title: Vice-President Address: P. 0. Box 40328 M&C C- - ZV L Fort Worth, TX 76140 Date: 8. 4-14 tZ45- �/- -70a- ;5- ff City/State/Zip: Approve as to Form and Legality: Qzilcp— Date Douglas W. Black Senior Assistant City Attorney 129 130 131 APPROVAL RECOMMENDED: 132 133 )� 134 � (/�. / L- 135 Chris Harder, P.E. 136 Assistant Director, Water Department 137 ------- 138 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH State Highway 114 Utility Relocation,Part 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01515 Revised August 17,2012 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 BOND NO. TXC608007 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, William J. Schultz, Inc. d/b/a Circle C Construction Company,known as 8 "Principal"herein and Merchants Bondi ng Company (Mutual ) , a corporate 9 surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as 10 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of Texas, known as"City"herein, in the penal 12 sum of,Nine Hundred Fifty Seven Thousand Three Hundred Thirty Dollars($957,330.00), lawful 13 money of the United States,to be paid in Fort Worth, Tarrant County, Texas for the payment of 14 which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators, 15 successors and assigns,jointly and severally, firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the &14 day of kk54d,2016,which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and 19 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 20 as provided for in said Contract designated as 21 State Hi 1�ztivay 114 Utility Relocation, Part 4 22 City Project No. 01515, 23 24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 27 specifications, and contract documents therein referred to, and as well during any period of 28 extension of the Contract that may be granted on the part of the City,then this obligation shall be 29 and become null and void, otherwise to remain in full force and effect. 30 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 31 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 32 Worth Division. CITY OF FORT WORTH State Highway 114 Utility Relocation,Part 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01515 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the &# day of A"-(4u t , 2016. 6 PRINCIPAL: 7 William J. Schultz, Inc. dba 8 Circle C Construction Company 9 10 BY: 11 Signature 12 ATTEST: 13 14 X CNdut 0 Teresa S. Skelly, Vice-President 15 (Principal)Secretary Name and Title 16 Michele S. Lankford 17 Address: P. 0. Box 40328 18 Fort Worth, TX 76140 19 20 21 Witness as to Principal 22 SURETY: 23 24 Merchant nding Company (Mutual ) 25 26 BY: 27 7519nature 28 29 Sheryl A. Klutts, Attorney-in-Fact 30 Name and Title 31 32 Address: 6700 Westown Parkway 33 West Des Moines, IA 50266-7754 34 35 X 36 Witness as to Surety Telephone Number: (800)678-8171 37 John A. Miller Email Address: sheryl@.iohnamillerassocinc.com 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH State Highway 114 Utility Relocation,Part 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01515 Revised July 1,2011 006114-1 PAYMENTBOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 BOND NO. TXC608007 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, William J. Schultz, Inc. d/b/a Circle C Construction Company, known as 8 "Principal" herein, and Merchants Bonding Company (Mutual ) , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City"herein, 12 in the penal sum of Nine Hundred Fifty Seven Thousand Three Hundred Thirty Dollars 13 ($957,330.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 15 executors, administrators, successors and assigns,jointly and severally, firmly by these presents: 16 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 17 ��¢h day of Lojt, 2016_,which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth herein,to furnish all materials,equipment, labor and other 19 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 20 designated as 21 State Hleh way 114 Utility Relocation,Part 4 22 Citv PMiect No. 01515, 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH State Highway 114 Utility Relocation,Part 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01515 Revised July 1,2011 006114-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the j0 day of /�Sk ,2016. 3 PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company ATTEST: BY: Signature X R'\ Teresa S. Skelly, Vice-President (Principal) Secretary Name and Title Michele S. Lankford Address: P. 0. Box 40328 Fort Worth, TX 76140 Witness as to Principal SURETY: MerchantM BVding Company (Mutual ) ATTEST: BY: Signature Sheryl A. Klutts, Attorney-in-Fact (Surety) Secretary Name and Title Address: 6700 Westown Parkway le West Des Moines, IA 50266-7754 x Witness as to Surety John A. Miller Telephone Number: (800)678-8171 Email Address: sheryl@johnamillerassocinc.com 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address,both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CITY OF FORT WORTH State Highway 114 Utility Relocation,Part 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01515 Revised July 1,2011 006119-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 BOND NO. TXC608007 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we William J. Schultz,Inc. d/b/a Circle C Construction Company,known as 8 "Principal"herein and Merchants Bonding Company (Mutual ) , a corporate surety 9 (sureties, if more than one) duly authorized to do business in the State of Texas,known as 10 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, 12 in the sum of of Nine Hundred Fifty Seven Thousand Three Hundred Thirty Dollars 13 ($957,330.00), lawful money of the United States,to be paid in Fort Worth,Tarrant County, 14 Texas,for payment of which sum well and truly be made unto the City and its successors,we 15 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 18 WHEREAS,Principal has entered into a certain written Contract with City, awarded the AA 19 day of a H►� 2016 ,_ which Contract is hereby referred to and made a part hereof for all 20 purposes as if fully set forth herein,to furnish all materials, equipment, labor and other 21 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 22 designated as 23 State Highway 114 Utility Relocation,Part 4 24 City Proiect No. 01515, ;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 State Highway 114 Utility Relocation,Part 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01515 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH State Highway 114 Utility Relocation,Part 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01515 Revised July 1,2011 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 16A day of A434jfi , 2016. 3 4 PRINCIPAL: 5 William J. Schultz, Inc. dba 6 Circle C Cgnstruction Company 7 8 BY: 9 Signature 10 ATTEST: 11 ' 12 X (� Teresa S. Skelly, Vice-President 13 (Principal) Secretary Name and Title 14 Michele S. Lankford 15 Address: P. 0. Box 40328 16 Fort Worth, TX 76140 17 18 19 Witness as to Principal 20 SURETY: 21 22 Merchants din Company (Mutual ) 23 24 BY: 25 Si ature 26 27 Sheryl A. Klutts, Attorney-in-Fact 28 ATTEST: Name and Title 29 30 Address: 6700 Westown Parkway 31 (sur creary West Des Moines, IA 50266-7754 32 33 X 34 Witness as to Sui Telephone Number: (800)678-8171 35 John A. Miller Email Address: Sheryl@johnami11erassocinc.com 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 State Highway 114 Utility Relocation,Part 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01515 Revised July 1,2011 MERCHANT�S� BONDING COMPANY„ POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION($10,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 .•---•. ,� .•� G co,-.-V* MERCHANTS BONDING COMPANY(MUTUAL) 03 .% 0 •aC% ; -?-*00q,-.-V MERCHANTS NATIONAL BONDING,INC. tet: -k- •z:— r 3• '- 2003By ;�, y 1933 .•y; ....... STATE OF IOWA +,��''•.. ����``` •••.. .• • COUNTY OF Dallas ss. "" ••• President On this 15th day of August 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �P IA4 WENDY WOODY o v Commission Number 784654 My Commission Expires �owP June 20 2017 Notary Publr , County,Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this �Y� day of 54(J 201 A a......a 14 4lI •.00-00. ••••••• ` G ,�,.�` ';C 1QfJ.��''�.,, �O�p�N P 0 OSA••• •z:— v:g. Secretary 1933 v= 20+ 3 :A.�; y�. ;cy• POA 0014 (6/15) ���'`"an�„u���f�,� .•••.... I MERCHANT�S� BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. Box 14498 , DES MOINES, IOWA 50306-3498 , (800)678-8171 , (515)243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual)/Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515)243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX(2/15) C�® r ATE(MM/DD/YYYY) A CC) CERTIFICATE OF LIABILITY INSURANCE 8/4/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Wend Van Orden NAME: y K&S Insurance Agency PHONE Ext: (972)771-4071 FgA/CNo:(972)771-4695 2255 Ridge Road, Ste. 333 AIL ADDRESS:wvanorden@kandsins.com P. 0. BOX 277 INSURERS AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURERA:United Fire & Casualty Company 13021 INSURED INSURERB:Travelers Prop Cas Co of Amer 25674 William J Schultz, Inc. , INSURERC:Texas Mutual Insurance Co. 22945 dba Circle C Construction Company INSURERD:Federal Insurance Company 20281 500 W. Trammell Ave. I INSURER E Everman TX 76140 1 INSURERF: COVERAGES CERTIFICATE NUMBER:15/16 Std. w/ Equipment REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MWDDNYYY MWDDNYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED 100 000 PREMISES Ea occurrence � $ 85316434 8/12/2015 8/12/2016 MED EXP(Any one person) $ 5,000 CG7208 2/15- AI & WOS PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: CG2010 4/13- AI GENERAL AGGREGATE $ 2,000,000 POLICY F___1 PRO- LOC CG2037 4/13- Al COMP OPS PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Limited Jobsite Pollution $ 100,000 AUTOMOBILE LIABILITY COEaMBINED accident SINGLE LIMIT $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OSCHEDULED AUUTOSS AUTOS 85316434 8/12/2015 8/12/2016 BODILY INJURY(Per accident) $ NON-OWNED CA7109 1/06- AI & WOS PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident Underinsured motorist $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE ZUP-41MI1428-15-NF 8/12/2015 8/12/2016 AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,000 $ WORKERS COMPENSATIONX PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE 0001193570 8/12/2015 8/12/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A C (Mandatory in NH) WC420304B 6/14 - WOS E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Contractor's Equipment 06706289 8/12/2015 8/12/2016 Leased/Rented Equip Per Item $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: State Highway 114 Utility Relocation Part 4 City Project No. 01515 Water Project No. 59601-0600430-C01515-C91789 See above listing of additional insured and waiver of subrogation endorsement forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Gary Thompson/KIRK ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025/9014011 CG 72 08 02 15 TEXAS - EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Extended Property Damage Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage Coverage for non - owned watercraft is extended to 51 feet in length Property Damage - Borrowed Equipment Property Damage Liability- Elevators Coverage D- Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate Coverage E - Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate - $500 Deductible Coverage F - Electronic Data Liability Coverage - $50,000 Coverage G - Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible Coverage H-Water Damage Legal Liability- $25,000 Coverage I - Designated Operations Covered by a Consolidated (Wrap-Up) Insurance Program - Limited Coverage Increase in Supplementary Payments: Bail Bonds to $1,000 Increase in Supplementary Payments: Loss of Earnings to$500 * For newly formed or acquired organizations- extend the reporting requirement to 180 days * Broadened Named Insured * Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You Contractors Blanket Additional Insured- Limited Products- Completed Operations Coverage Automatic Additional Insured-Vendors Automatic Additional Insured- Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You Automatic Additional Insured- Managers or Lessor of Premises *Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured *Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations *Additional Insured - Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only-Owners, Lessees or Contractors Automatic Status When Required in Construction Agreement With You * Additional Insured - Employee Injury to Another Employee * Automatically included -Aggregate Limits of Insurance (per location) *Automatically included -Aggregate Limits of Insurance (per project) * Knowledge of occurrence - Knowledge of an "occurrence", "claim or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. * Blanket Waiver of Subrogation * Liberalization Condition * Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. * "Insured Contract" redefined for Limited Railroad Contractual Liability * Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW * Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 14 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page I of 14 *75015760*