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Contract 45038 (3)
CITY SECRETARY ICITY sECREraRY � D.O.E. FILE CONTRACT NO. f CONTRACTOR'S BONDING CO. FORT WORT H CONSTRUCTION'S COPY CLIENT DEPARTMENT f PROJECT MANUAL FOR THE CONSTRUCTION OF WEDGWOOD STORM WATER RELIEF SYSTEM — PH 1 0 , DOE NO. 7071 City Project No. 00480 fBetsy Pricc Tom t liggirrs Mayor City Manager S. I rank Crumb, P.1 . Director, Water Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department Storm Water Utility Division And Water Department �a avo0 O r * ' FtY'LEE.NicKAY.i J U LY 2013 i•G�' • 66365 .•��� w WK Engineering, Inc. tII'O�'•.�/ S�'�' � OFFIClie , •• � �� ' CITY SECRETA RECEIVED OCT 2 5 2013 1M II OUH,TX i tORTWORTH - PROJECT MANUAL FOR THE CONS'T'RUCTION OF WEDGWOOD STORM WATER RELIEF SYSTEM — PH 1 � I DOL: NO. 7071 City Project No.00480 Betsy Price TOM Higgins Mayor City Manager S.Frank Crumb, P.E. Director, Water Departinent Douglas W. Wiersig, P.E. I)irect:or, 'T'ratnsportatiozi acid Public Worts Department Prepared for The City of Tort Worth Transportation and Public Works Department Storm Water Utility Division And l Water Department �: '•,*+pts GftY•LEE.M`'cK '�'•i .JULY 2013 563(550... �g� � Y•��f MIK Engineering,.Inc. �It��,`• (� ��U;� -T I ! E 000000-1 TABLE OF CONTENTS Page 1 of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication - 0005 15 Addenda 00 1113 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 00 45 11 Bidders Prequalifications 00 45 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 39 Minority and Women Business Enterprise 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01-General Requirements 01 1100 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 3216 Construction Progress Schedule 01 3233 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures _ 01 45 23 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 0158 13 Temporary Project Signage 01 6000 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 7123 Construction Staking and Survey 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number#00480 E Revised December 20,2012 f 000000-2 TABLE OF CONTENTS Page 2 of 3 Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03—Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material(CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26-Electrical 26 05 00 Common Work Results for Electrical 26 05 10 Demolition for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31—Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32-Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 321216 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 3213 13 Concrete Paving 32 13 20 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 14 16 Brick Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 17 23 Pavement Markings 3231 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates a 32 31 29 Wood Fences and Gates E CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase 1 x STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number#00480 Revised December 20,2012 000000-3 TABLE OF CONTENTS s Page 3 of 3 32 32 13 Cast-in-Place Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding,and Sodding 32 93 43 Trees and Shrubs Division 33-Utilities 3301 30 Sewer and Manhole Testing 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation,Embedment, and Backfill 3305 13 Frame, Cover and Grade Rings 3305 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade 33 1105 Bolts,Nuts,and Gaskets 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 33 1210 Water Services 1-inch to 2-inch 33 1220 Resilient Seated Gate Valve 33 1225 Connection to Existing Water Mains 33 1240 Fire Hydrants 333120 Polyvinyl Chloride(PVC)Gravity Sanitary Sewer Pipe 33 39 20 Precast Concrete Manholes 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets Division 34-Transportation. 3471 13 Traffic Control Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Wedgwood Storni Water Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number#00480 Revised December 20,2012 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas FORTWORTtI CITY COUNCILAGENDA COUNCIL ACTION. Approved on 9/24/2013 REFERENCE 20SW WEDGWOOD DATE: 9/24/2013 NO.: C-26482 LOG NAME: STORMWATER RELIEF SYSTEM PHASE 1—CONSTRUCTION CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of $1,174,568.00 for the Construction of Wedgwood Stormwater Relief System Phase 1 and Provide for Contingencies and Construction Services for a Total Project Cost in the of Amount of$1,447,568.00 (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Conatser Construction TX, LP, in the amount of$1,174,568.00 for the construction of Wedgwood Stormwater Relief System Phase 1. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the execution of a contract with Conatser Construction TX, LP, in the amount of$1,174,568.00. The construction of this project will replace the undersized existing storm drain system to address property and roadway flooding in portions of the Wedgwood Addition. Water and sewer upgrades on Whitman Avenue from Wedgmont Circle to Winifred Drive will also be constructed. This project was advertised for bid in the Fort Worth Star-Telegram on July 18, 2013 and July 25, 2013. On August 8, 2013, the following bids were received: BIDDERS BID AMOUNT RKM Utility Services, Inc. $ 986,702.00 McMahon Contracting, LP $1,139,723.11 Conatser Construction TX, LP $1,174,568.00 Jackson Construction Ltd $1,197,000.00 The design engineer's opinion of probable cost for the construction was $1,012,620.40. The two lowest bidders, RKM Utility Services, Inc., and McMahon Contracting, LP, did not comply with the City's Business Diversity Ordinance, and were declared non-responsive, making Conatser Construction TX, LP, the lowest responsive bidder. It is recommended that a contract be awarded in the amount of$1,174,568.00 to Conatser Construction TX, LP. Costs for the implementation of this project will be funded by the Stormwater Capital Projects Bond Fund, Water Capital Projects Fund, and Sewer Capital Projects Fund. The recommended contract award amount includes a pre-established field order allowance of $85,000.00. Other budget items beyond the construction contract amount include $190,000.00 for construction management, survey, material testing, and inspection, and $83,000.00 for contingency. The total project budget is $1,447,568.00. M/WBE Office- Conatser Construction TX, LP, is in compliance with the City's BDE Ordinance by committing to 12 percent MBE participation on this project. The City's MBE goal on this project is 12 percent. This project is located in COUNCIL DISTRICT 6, Mapsco 89Q and U. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital http://www.fortworthgov.org/council_packet/mc review.asp?ID=1 9008&councildate=9/2... 9/25/2013 M&C Review Page 2 of 2 budget, as appropriated, of the Stormwater Capital Projects Bond Fund, Water Capital Projects Fund, and Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P227 541200 206280048083 $1.042.759.00 P253 541200 606170048083 $92,479.00 P258 541200 706170048083 $39,330.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wersig (7801) Additional Information Contact: Debbie Wilihelm (2481) l ATTACHMENTS 00480 - Berkshire Hallmark Phase 1 Map.pdf I l l l http://www.fortworthgov.org/council_packet/me review.asp?ID=19008&councildate=9/2... 9/25/2013 000515-1 ADDENDA Page 1 of 1 SECTION 00 0515 ADDENDA END OF SECTION CITY OF FORT WORTH lVedgwood Storm JVater Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number#00480 Revised July 1,2011 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 To the Plans, Specifications and Contract Documents WEDGWOOD STORM WATER RELIEF SYSTEM—Phase I CITY PROJECT NO.:00480 DOE NO.: 7071 Bid Date: August 8,2013 Addendum No. 1 Issued: August 1,2013 The Plans, Specifications and Contract Documents for the above mentioned project are hereby revised or amended as follows: CONTRACT DOCUMENTS: V1. SECTION 00 41 00 BID FORM—Item 3. Prequalification—Corrected the work types which must be performed only by prequalified contractors and subcontractors. /2. SECTION 00 42 43 PROPOSAL FORM—Replaced in its entirety. A revised Excel spreadsheet of the proposal form will be uploaded to Buzzsaw. Below is a summary of the major revisions: a. Deleted Pay Item Numbers 1,7, 11, 34, 36, 49, 55, &59. b. Revised descriptions, units of measure, and quantities for various bid items. 'c. Included bid items for pavement trench repair and pavement replacement. d. Included bid items that were previously omitted from proposal form. e. The 9999 Series for Water, Sewer, Drainage.and Paving Field Order allowances are pre- bid items;of which unit prices and bid values have been specified. f. The formulas in various fields were inadvertently changed; of which have been corrected via new spreadsheet. g. Bid Item Numbers have been renumbered. /3. SECTION 00 4512 PREQUALIFICATION STATEMENT—Revised entries under Major Work Type column. -4. SECTION 00 52 43 AGREEMENT-Revised the amount for liquidated damages. / 5. SECTION 00 73 00 SUPPLEMENTARY CONDITIONS—Revised outstanding Availability of Lands, Provided Street Core Boring Results,and Permits and Licenses required. /6. APPENDIX GC-4.02 SUBSURFACE AND PHYSICAL CONDITIONS—Test hole laboratory results included. -/7. APPENDIX GC-6.07 WAGE RATES—Table included. �$. APPENDIX GR-01 60 00 PRODUCT REQUIREMENTS—Standard Products List included. CONSTRUCTION PLANS 1. THE FOLLOWING SHEETS ARE HEREBY REVISED: • Sheet 3—Deleted typical cross section for Winifred Ave. • Sheet 3—Revised Typical Cross Section for Whitman Ave.to include temporary asphalt paving repair and changed pavement rehab to 2"Mill and Overlay. • 'Sheet SPC-33—Added detail for 7'X7'Square Manhole. • srbetails D520, D522, &D523 are hereby included in the contract. Addendum No. 1 Page 1 of 2 August 1, 2013 2. CLARIFICATIONS TO THE CONSTRUCTION PLANS: • Sheet 17—City of Fort Worth Street Lighting Division and Oncor will relocate conflicting power/light poles along Trail Lake Drive. Contractor to coordinate timing of storm drain construction in this area with City and Oncor. • Sheet 17—The barrier free ramp at Trail Lake Drive and Wedgway shall be Ty P-2. • Sheets 18—19—For the asphalt portions of Whitman Avenue, temporary asphalt pavement repair shall be utilized at utility trenches per revised typical section on Sheet 3. The pavement rehabilitation will be 2"surface mill and overlay. Via this clarification, the legend will replace"pulverize &overlay street"to"2" mill and overlay". • Sheet 28—Contractor to install Ty R-1 Barrier Free Ramp at southeast corner of Winifred Drive and Wales Avenue. • Detail D520 shall be used for Asphalt Pavement Trench Repair for the sanitary sewer improvements at the intersection of Trail Lake Drive and Wedgmont Circle. • Detail D522 shall be used for Concrete Pavement Trench Repair for locations shown on the plans for Trail Lake Drive and Wedgmont Circle/Whitman Ave. intersection. The dimension"X"shall extend to end of concrete panel. • Detail D523 shall be used for Concrete Pavement Trench Repair for locations shown on the plans for Winifred Drive and Winifred/Whitman Ave. intersection. The dimension"X" shall extend to end of concrete panel. • Traffic Control Sheet TC-4 is not applicable to this project. • Traffic Control Sheet TC-5—Full street closure on Whitman Avenue between Winifred Drive and Walton Drive will not be allowed nor can it be barricaded for"through traffic only". One lane to remain open at all times during construction. One-way traffic on Whitman next to elementary school is recommended. Contractor to coordinate with City regarding signage and detour in this area. This Addendum,forms part of the Contract Documents for the above referenced project and modifies the original Plans,Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum by completing the requested information at the following locations: 1. In the space provided on the signature page of Section 00 41 00 BID FORM. 2. Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED AND ACKNOWLEDGED ADDENDUM NO. 1" 3. Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal. Failure to acknowledge the receipt of this Addendum could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. RECIEPTACKNOWLEDGEMENT: Douglas W.Wiersig, PE DIRECTOR TRANSPORTATION&PUBLIC WORKS DEPT By: By: • P.E. a-65Ci �(2SiG�G�V11— Debbie J.Will elm, P.E. ` /�� S-L5 Project Manager CompanyQ IC�Q(-W U i�p�t bo X, Addendum No. 1 Page 2 of 2 August 1, 2013 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO.2 To the Plans, Specifications and Contract Documents WEDGWOOD STORM WATER RELIEF SYSTEM—Phase I CITY PROJECT NO.: 00480 DOE NO.: 7071 Bid Date: August 8,2013 Addendum No. 2 Issued: August 5,2013 The Plans, Specifications and Contract Documents for the above mentioned project are hereby revised or amended as follows: CONTRACT DOCUMENTS: 1. SECTION 00 41 00 BID FORM— Item 4.1 Time of Completion. Specified the Contract Time shall commence no later than December 1, 2013. .2. SECTION 00 52 43 AGREEMENT-- Item 3.1 Specified the Contract Time shall commence no later than December 1, 2013. 3. APPENDIX CG-6.07 WAGE RATES—Add Heavy& Highway Construction Prevailing Wage Rates 2008. The Wage Rate table adopted 8/17/2010 which was added via Addendum #1 is hereby removed from contract. CONSTRUCTION PLANS 1. CLARIFICATIONS TO THE CONSTRUCTION PLANS: Sheet 3—For Whitman Avenue, the pay limits for temporary asphalt paving repair shall be based on 4'wide trench for water installation and 6'wide trench for storm drain installation. A 5" concrete base layer per Section 03-34-16 shall be used instead of the 5" compacted flex base layer. A tack coat shall be placed between asphalt and concrete layer. This Addendum, forms part of the Contract Documents for the above referenced project and modifies the original Plans, Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum by completing the requested information at the following locations: 1. In the space provided on the signature page of Section 00.41 00 BID FORM. 2. Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED AND ACKNOWLEDGED ADDENDUM NO.2" 3. Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal. Failure to acknowledge the receipt of this Addendum could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. RECIEPT ACKNOWLEDGEMENT: Douglas W.Wiersig, PE DIRECTOR TRANSPORTATION&PUBLIC WORKS DEPT By: 0 By:A,,u (1w ('e r 69Si A✓I+ Deb ie J.Wi helm, P.E. Gd pany: 11Ct-ESP rCl�c1C �an�}(,t Project Manager Addendum No. 2 Page 1 of 1 August 5, 2013 001113-1 INVITATION TO BIDDERS Pagel of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Wedgwood Storm Water Relief System—Phase 1 will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth,Texas 76102 until 1:30 P.M. CST,Thursday,August 8h,2013,and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the(approximate)following: The work will consist of the construction of approximately 28001f of storm drain,4001f of 8" sewer line replacement, and 8001f of 8"water line replacement along with appurtenances. The project is located on the Wedgwood Addition of Fort Worth along Trail Lake Drive,Wedgmont Circle N,Whitman Ave,Winifred Drive, and Wales Ave. PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre- qualified by the City at the time of bid opening. The procedures for qualification and pre- qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at litlp://wm�v.foltAorthgov.org/purchasin and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The Contract Documents may be downloaded,viewed,and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from MSK Engineering, Inc. which is as follows: MSK Engineering,Inc. 9116 Belvedere Drive Keller,Texas 76244 (817)584-4933 The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with half size(if available) drawings: $ 100.00 CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised July 1,2011 00 11 13-2 INVITATION TO BIDDERS Page 2 of 2 PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO BIDDERS at the following location,date,and time: DATE: July 30L , 2013 TIME: 3:00 P.M. PLACE: Room 270—2nd Floor City Hall 1000 Throckmorton Street Fort Worth,Texas 76102 LOCATION: City Hall Corner of Throckmorton St and 9'"Street Fort Worth,Texas CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Debbie Willhelm,PE, City of Fort Worth Email: Debbie.Willhelm@fortworthtexas.gov Phone: (817)392-2481 AND/OR Attn: Gary Lee M`Kay,PE Phone: (817)584-4933 ADVERTISEMENT DATES July 18`x' 2013 July 25`'—'_,2013 END OF SECTION J, CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised July 1,2011 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 00 -GENERAL CONDITIONS. 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting directly through a duly authorized representative,submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2.Nonresident Bidder: Any person,firm,partnership, company,association,or corporation acting directly through a duly authorized representative,submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided)makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2.City and Engineer in making copies of Bidding-Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 3.1.All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding.Bids received from_contractors who are not prequalified(even if inadvertently opened) shall not be considered. 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within seven(7) calendar days prior to Bid opening,the documentation identified in Section 00 45 11,BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. CITY OF FORT WORTH Wedgwood Storm Water-Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s)for a project to submit such additional information as the City,in its sole discretion may require,including but not limited to manpower and equipment records, information about key personnel to be assigned to the project,and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information,if requested,may be grounds for rejecting the apparent low bidder as non-responsive.Affected contractors will be notified in writing of a recommendation to the City Council. 3.4.In addition to prequalification,additional requirements for qualification may be required within various sections of the Contract Documents. 3.5.Special qualifications required for this project include the following: None. 4. Examination of Bidding and Contract Documents,Other Related Data, and Site 4.1.Before submitting a Bid,each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents(including"technical data"referred to in Paragraph 4.2.below).No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and site conditions that may affect cost,progress,performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress,performance or furnishing of the Work. 4.1.4. Not Used. 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities)that have been identified in the Contract Documents as containing reliable"technical data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, at the Site that have been identified in the Contract Documents as containing reliable"technical data." CITY OF FORT WORTH Flredgwood Storm Prater Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish.All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents.No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Perform independent research,investigations,tests,borings,and such other means as maybe necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. On request, City may provide each Bidder access to the site to conduct such examinations,investigations, explorations,tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations,investigations,tests and studies. 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work,time required for its completion, and obtain all information required to make a proposal.Bidders shall rely exclusively and solely upon their own estimates,investigation,research,tests,explorations,and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima-facie evidence that the Bidder has made the investigation,examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or between the Contract Documents and such other related documents.The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 4.2.1. f:4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings,if any,on the plans are for general information.only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures(except Underground Facilities)which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. CITY OF FORT WORTH Tf'edgwood Storm Water Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20;2012 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents,but the"technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02.of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any"technical data"or any other data,interpretations,opinions or information. 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) that Bidder has complied with every requirement of this Paragraph 4,(ii)that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means,methods,techniques,sequences or procedures of construction(if any)that may be shown or indicated or expressly required by the Contract Documents, (iii)that Bidder has given City written notice of all conflicts,errors,ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder,and when said conflicts, etc.,have not been resolved through the interpretations by City as described in Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated biphenyls (PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract Documents. 5. Availability of Lands for Work,Etc. 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities,construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right- of-way,easements,and/or permits are not obtained,the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way,easements,and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions received after this day may not be responded to.Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 Attn: Debbie Willhelm,PE;Transportation&Public Works Department Fax: (817)392-2433 Email: Debbie.Willhelm@fortworthtexas.gov Phone: (817)392-2481 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3.Addenda or clarifications may be posted via Buzzsaw at Fortworthgov/Infrastructure Projects 100480—Bershire-Halbnark Drainage Iniprovenzents/Bid Documents Package/ 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award,City may consider Bidder to be in default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusivexemedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. s CITY OF FORT WORTH Tfedgwood Storm TVater Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 8. Contract Times The number of days within which,or the dates by which,Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract,if awarded,will be on the basis-of materials and equipment described in the Bidding Documents without consideration of possible substitute or"or-equal'items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- equal'item of material or equipment may be furnished or used by Contractor if acceptable to City,application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 12-2011 (as amended),the City has goals for the participation of minority business and/or small business enterprises in City contracts.A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the MBE and SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor Waiver Form and/or Good Faith Effort Form with documentation and/or Joint Venture Form as appropriate. The Forms including documentation must be received by the City no later than 5:00 P.M. CST,five(5)City business days after the bid opening date. The Bidder shall obtain a receipt from the City as evidence the documentation was received.Failure to comply shall render the bid as non- responsive. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item,alternative, and unit price item listed therein. In the case of optional alternatives,the words "No Bid," "No Change," or"Not Applicable"may be entered. Bidder shall state the prices, written in ink in both words and numerals,for which the Bidder proposes to do the work contemplated or furnish materials required.All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals,the price in written words shall govern. CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a ` partner,whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, marked with the City Project Number,Project title,the name and address of Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope with the notation"BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud,the Bids for which a withdrawal request has been properly filed may,at the option of the City,be returned unopened. CITY OF FORT WORTH Wedgwood Stornn Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An Y abstract of the amounts of the base Bids and major alternates(if any)will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion,release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids,including without limitation the rights to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders,Bidder is an interested parry to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract,Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers,and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs,maintenance requirements,performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility,qualifications,and financial ability of Bidders,proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project 00480 Revised December 20,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.4. Contractor shall perform with his own organization,work of a value not less than 35%of the value embraced on the Contract,unless otherwise approved by the City. 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization.If the Contract is to be awarded,City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds,Certificates of Insurance,and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION j CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pd CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary El CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Conatser Construction TX, LP By: PO Box 15448 Signature: Fort Worth, Texas 76119 T' President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook add 1 0041 00 BID FORM Page 1 of 3 ADDENDUM#2 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: Wedgewood Storm Water Relief System/Wedgewood Water&Sanitary Sewer Replacement Including Trail Lake Drive,Wedgemont Circle N,Whitman Ave, Winifred Drive, &Wales Avenue City Project No.: City Project Number#00480 Units/Sections: Water Improvements Sewer Improvements Paving Improvements Storm Drain Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving, receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made (a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 41 00 BID FORM.ADDENDUM2 00 41 00 BID FORM Page 2 of 3 ADDENDUM#2 d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Distribution, 8"diameter and smaller b. Sewer Collection,8"diameter and smaller c. Asphalt Paving Reconstruction <10,000 SY d. N/A 4. Time of Completion 4.1. The Contract Time shall commence no later than December 1 2013 on which the Contractor shall start to perform the work specified in the Contract Documents. The official Notice To Proceed may be given at any time within 14 days after the Effective Date of the Agreement as provided in Paragraph 2.02 of the General Conditions. 4.2. The Work will be complete for Final Acceptance within 270 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.3. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work(and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 . *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 41 00 BID FORM.ADDENDUM2 0041 00 BID FORM Page 3 of 3 ADDENDUM#2 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Not Used. 7. Bid Submittal This Bid is submitted on August 8, 2013 by the entity named below. Respectfully s itt d, Receipt is acknowledged of the Initial following Addenda: By: Addendum No. 1: (Signature) Addendum No.2: Addendum No. 3: Addendum No.4: Jerry Conatser Title: President Company: Conatser Construction TX, LP Corporate Seal: Address: PO Box 15448 Fort Worth, Texas 76119 State of Incorporation: Texas Email: ierry(o)conatser.com Phone: (817)534-1743 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 41 00 BID FORM.ADDENDUM2 00 42 43 BID PROPOSAL Page 1 of3 ADDENDUM#1 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value 1 3216.0102 7"Conc Curb and Gutter 32-16-13 LF 99 30.00 $2,970.00 2 3213.0401 6"Concrete Driveway 32-13-20 SF 2,448 15.00 $36,720.00 3 3213.0301 4"Conc Sidewalk 32-13-20 SF 3,784 5.00 $18,920.00 _ _ _. 4 3201.0202 Asphalt Pvmt Repair Beyond Defined Width, 32-01-17 Sy 102 40.00 $4,080.00 Arterial 5 3213.0501 Barrier Free Ramp,Type R-1 32-13-20 EA 1 1,200.00 $1,200.00 6 3213.0507 Barrier Free Ramp,Type P-2 32-13-20 EA 1 1,500.00 $1,500.00 3201.0616 Concrete Pavement Repair(Arterial/Industrial) 32-01-29 Sy 1,376 7 55.00 $75,680.00 8 3201.0614 Concrete Pavement Repair(Residential) 32-01-29 Sy 1,019 50.00 $50,950.00 9 3201.0400 Temporary Asphalt Repair 32-01-18 LF 1,129 12.00 $13,548.00 10 0241.1506 2"Surface Milling 02-41-15 EA 3,357 8.00 $26,856.00 11 3312.0302 2" Asphalt Pavement,Type D 32-12-16 Sy 3,357 22.00 $73,854.00 12 3471.0001 Traffic Control 34-71-13 MO 9 1,000.00 $9,000.00 13 0241.0401 Remove Concrete Drive 02-41-13 SF 2,448 4.00 $9,792.00 - 14 0241.0100 Remove Sidewalk 02-41-13 SF 3,784 1.00 $3,784.00 15 0241.1000 Remove Conc Pvmt 02-41-15 Sy 2,255 4.00 $9,020.00 16 3201.0123 6'Wide Asphalt Pvmt Repair,Arterial 32-01-17 LF 85 50.00 $4,250.00 17 3292.0100 Block Sod Placement 32-92-13 5Y 382 6.00 $2,292.00 18 9999-0096 Field Order Allowance(Paving) 0-00-00 LS 1 25,000.00 $25,000.00 SUBTOTAL PAVING $369,416.00 1 3341.0605 66"RCP,Class III 33-41-10 LF 596 335.00 $199,660.00 2 3341.0402 42"RCP,Class III 33-41-10 LF 293 205.00 $60,065.00 3 3341.0309 36"RCP,Class III 33-41-10 LF 507 170.00 $86,190.00 4 3341.0302 30"RCP,Class III 33-41-10 LF 435 140.00 $60,900.00 5 3341.0205 24"RCP,Class III 33-41.10 LF 836 100.00 $83,600.00 6 3341.0201 21"RCP,Class III 33-41.10 LF 172 90.00 $15,480.00 7 3305.0109 Trench Safety(Storm Drain) 33-05-10 LF 2,839 8.00 $22,712.00 8 3349.5003 20'Curb Inlet 33-49-20 EA 1 5,500.00 $5,500.00 9 3349.5002 15'Curb Inlet 33-49-20 EA 1 4,500.00 $4,500.00 10 3349.5001 10'Curb Inlet 33-49-20 EA 14 3,000.00 $42,000.00 11 9999.0002 Special Inlet 33-49-20 EA 1 5,000.00 $5,000.00 12 3349.0001 4'Storm Junction Box 33-49-10 EA 2 6,500.00 $13,000.00 13 3349.0004 7'Storm Junction Box 33-49-10 EA 1 12,000.00 $12,000.00 14 3349.0105 5 Sided Manhole 33-49-10 EA 1 16,000.00 $16,000.00 15 0241.3011 Remove 15"Storm Line 2-41-14 LF 113 12.00 $1,356.00 16 0241.3014 Remove 21"Storm Line 2-41-14 LF 80 15.00 $1,200.00 17 0241.3015 Remove 24"Storm Line 2-41-14 LF 60 18.00 $1,080.00 18 0241.4003 Remove 20'Curb Inlet 2-41-14 EA 1 1,000.00 $1,000.00 19 0241.4001 Remove 10'Curb Inlet 2-41-14 EA 6 600.00 $3,600.00 20 0241.3104 24"Storm Abandonment Plug 02-41-14 EA 1 500.00 $500.00 21 0241.3402 Remove 5'Storm Juntion Box 02-41-14 EA 1 1,000.00 $1,000.00 22 3110.0102 6"-12"Tree Removal 31-10-00 EA 2 500.00 $1,000.00 23 3125.0101 SWPPP >_1 acre 31-25-00 LS 1 1,000.00 $1,000.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fomn Revised 20120120 Copy of 00 4100 00 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook add i 00 42 43 BID PROPOSAL Page 2 of 3 ADDENDUM#1 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application -- Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity 24 9999.0097 Field Order Allowance(Storm) 0 00 00 LS 1 35,000.00 $35,000.00 SUBTOTAL DRAINAGE $673,343.00 1 3311.0161 6"PVC Water Pipe 33-11-12 LF 25 32.00 $800.00 2 3311.0241 8"Water Pipe 33-11-12 LF 776 36.00 $27,936.00 3 3311.0001 Ductile Iron Fittings 33-11-11 TON 0.34 4,000.00 $1,360.00 4 3312.3002 6"Gate Valve 33-12-20 EA 1 1,000.00 $1,000.00 5 3305.0111 Valve Box Adjustment 33-05-14 EA 1 200.00 $200.00 6 3312.2003 1"Water Service 33-12-10 EA 18 1,200.00 $21,600.00 7 3312.2004 1"Private Water Service 33-12-10 EA 8 1,500.00 $12,000.00 8 3312.2001 1"Water Service,Meter Reconnection 33-12-10 EA 18 200.00 $3,600.00 9 3312.0001 Fire Hydrant 33-12-40 EA 1 3,000.00 $3,000.00 10 3305.0109 Trench Safety(Water) 33-05-10 LF 783 1.00 $783.00 11 0241.1303 Remove 8"Water Valve 02-41-14 EA 1 200.00 $200.00 12 3304.0101 Temporary Water Services 33-04-30 LS 1 4,000.00 $4,000.00 13 0241.1218 4"-12"Water Abandonment Plug 02-41-14 EA 2 500.00 $1,000.00 13 9999.0094 Field Order Allowance(Water) 0-00-00 LS 1 15,000.00 $15,000.00 SUBTOTAL WATER _. _ $92,479.00 1 3331.4115 8"Sewer Pipe 33-31-20 LF 320 45.00 $14,400.00 2 3305.0116 Concrete Encasement for Utility Pipe 33-11-12 Cy 2 150.00 $300.00 3 3339.1001 4'Manhole 33-39-20 EA 3 3,500.00 $10,500.00 4 3305.0112 Concrete Collar 33-05-17 EA 1 500.00 $500.00 5 3305.0107 Manhole Adjustment,Minor 33-05-14 EA 4 200.00 $800.00 6 3305.0109 Trench Safety(sewer) 33-05-10 LF 320 4.00 $1,280.00 7 0241.2201 Remove 4'Sewer Manhole 02-41-14 EA 3 300.00 $900.00 8 3301.0101 Manhole Vacuum Testing 33-01-30 EA 3 150.00 $450.00 9 3303.0001 Bypass Pumping 33-03-10 LS 1 200.00 $200.00 10 9999.0095 Field Order Allowance(Sanitary Sewer) 0-00-00 LS 1 10,000.00 $10,000.00 SUBTOTAL SEWER $39,330.00 Bid Summary Base Bid Paving Improvements $369,416.00 Storm Drain Improvements $673,343.00 Water Improvements $92,479.00 Sewer Improvements $39,330.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Copy of 00 4100 00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook add 1 00 42 43 BID PROPOSAL Page 3 of 3 ADDENDUM#1 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section NO. Measure Quantity Unit Price Bid Value Total Base Bid $1,174,568.00 Alternate Bid Total Alternate Bid Deductive Alternate Bid Total Deductive Alternate Bi Additive Alternate Bid Total Additive Alternate Bi dl Total Bidl $1,174,568.00 END OF SECTION ` CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook add I i 00 43 13 BID BOND Page 4 of 10 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: "hat we,(Bidder Name ``- einafter called the Principal,and(Surety Nar a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of and No/100 Dollars ($ .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 Wedgewood Storm Water Relief System/Wedgewood Water&Sanitary Sewer Replacement Including Trail Lake Drive,Wedgemont Circle N, Whitman Ave,Winifred Drive, &Wales Avenue NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of 2013. By: (Signature and Title of Principal) *By: (Signature of Attorney-of-Fact) *Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook.xls 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank;, our principal place of business, are required to be % Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank i, our principal place of business, are not required to underbi[�Tesident bidders. OB The principal place of business of our company or our parent company or majority owner is In the State of Texas. BIDDER: Conatser Construction TX, LP By: PO Box 15448 Fort Worth, Texas 76119 7 7 rignature) 115-�Title: President Date: (7S END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook add 1 004511-1 BIDDERS PREQUALIFICATIONS Page I of 3 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary.All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12,Prequalification Statement for the work type(s)listed with their Bid.Any contractor or subcontractor who is not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven(7)days prior to the date of the opening of bids.For example,a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31 st day of March in order to bid on these projects.In order to expedite and facilitate the approval of a Bidder's Prequalification Application,the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements,if any b. A certified copy of the firm's organizational documents(Corporate Charter,Articles of Incorporation,Articles of Organization,Certificate of Formation,LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun&Bradstreet. This number is used by the City for required reporting on Federal Aid projects.The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised July 1,2011 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 (2) To be satisfactory,the financial statements must be audited or reviewed by an independent,certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual,corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not,in fact,independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm's opinion. It should; (1)express an unqualified opinion,or(2)express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter,in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts.Bidding capacity is determined by multiplying the positive net working capital(working capital=current assets—current liabilities)by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time a new financial statement is being prepared,the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects.Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report,the notation of "None"or"N/A"should be inserted. (2) A minimum of five(5)references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer,model and general common description of each.piece of equipment.Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject,suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised July 1,2011 0045 11-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. t, END OF SECTION s CITY OF FORT WORTH I'Vedgwood Storm Water Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised July 1,2011 00 45 12 BID FORM Page 1 of 1 ADDENDUM#1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water Distribution, 8" diameter Conatser Construction TX, LP 4/30/2014 and smaller Sewer Collection, 8"diameter Conatser Construction TX, LP 4/30/2014 and smaller Asphalt Paving Reconstruction Conatser Construction TX, LP 1/1/2015 <10,000 SY N/A Company Name Here or space Date Here or space The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Conatser Construction TX, LP By: PO Box 15448 Fort Worth, Texas 76119 (Signature) Title: President Date: d g END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook add 1 FORTWORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership General Partnership Name under which you wish to qualify Corporation 'Limited Liability Company Post Office Box City State Zip Code Street Address(required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than$6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches,and 350 LF or less Tunneling- 36-Inches—60—inches,and greater than 350 LF Tunneling—66"and greater,350 LF and greater Tunneling—66"and greater,350 LF or Less Cathodic Protection ` Water Distribution,Development,8-inch diameter and smaller Water Distribution,Urban and Renewal, 8-inch diameter and smaller Water Distribution,Development, 12-inch diameter and smaller Water Distribution,Urban and Renewal, 12-inch diameter and smaller Water Transmission,Development,24-inches and smaller Water Transmission,Urban/Renewal,24-inches and smaller Water Transmission,Development,42-inches and smaller Water Transmission,Urban/Renewal,42-inches and smaller Water Transmission,Development,All Sizes Water Transmission,Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV,24-inches and smaller CCTV,42-inches and smaller CCTV,48-inches and smaller CITY OF FORT WORTH If'edgewood Storm Tfarer Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project 400480 Revised December 20,2012 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES,CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP,24-inches and smaller Sewer CIPP,42-inches and smaller Sewer CIPP,All Sizes Sewer Collection System,Development, 8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System,Development, 12-inches and smaller Sewer Collection System,Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development,24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development,48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement,All Sizes Sewer Cleaning,24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 10,000 square yards) Asphalt Paving Construction/Reconstruction(10,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 10,000 square yards) Concrete Paving Construction/Reconstruction(10,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH Wedgewood Storm Warer Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 004513-4 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 Wedgewood Storm Warer Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 - Revised December 20,2012 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? F_ 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 Wedgewood Storm Warer Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general,limited, or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles,if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised.Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Ifedgewood Storm IFarer Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 0045 13-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCE SHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 :. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as"various".The City,by allowing you to show only 30 types of equipment,reserves the right to request a complete,detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification.In the description include,the manufacturer, model,and general common description of each. CITY OF FORT WORTH Tedgewood Storm Warer Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 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 s Notary Public F Notary Public must not be an officer,director,or stockholder or relative thereof. t CITY OF FORT WORTH Wedgewood Storm Warer Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a),as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 00480. Contractor further certifies that,pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: (10nrx-F5e,C CoyiS rRL+i0-"- X, LI° By: JJ rr a+-GP V' Company se int) P.O.• &I 4LSignature- Address -I 1� Cwt X �� l l � Title: Pres 1 e Yl t. City/State/Zip (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME the undersigned authority, on this day personally appeared Je yY\I �& l 4:sy Y- ,kno«ni to me to be the person whose name is subscribed to the fo going instrument, and acknowledged to me that he/she executed the same as the act and deed of C Ct-I6Q('0jhjc,+f t L40 for the purposes and consideration therein expressed and in the capacity therein stated.. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ooh day of (A[,-fj- 20_13 �Y1�Y Pi VICKI I. OLSON S Notary Public, State of Texas Notary Public in and for the State of Texas My Commission Expires NovOmber 12, 2013 41 END OF SECTION CITY OF FORT WORTH TT'edgewood Storm TT'ater Relief S),steni—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cite Project 4100480 Revised July 1,2011 004540-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of I SECTION 00 45 40 MINORITY BUSINESS ENTERPRISE GOAL APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. MBE PROJECT GOAL The City's MBE goal on this project is 12 % of the total bid (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 3. Good Faith Effort documentation, or; 4. Waiver documentation. Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- responsive. Any questions,please contact the M/WBE Office at(817) 392-6104. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications The Offeror shall dehvear the MBE docwtnentat�oni person to the appropriate employee ache Managlri Department_and olitain dateltnne receipt Such receipt shall be evidence that t1i City received the documentation�n the time allocated A faxed copy will not.be`accepted 1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if participation is less than the bid opening date,exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. END OF SECTION CITY OF FORT WORTH Ifedgewood Storm TT'ater Relief System—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised December 20,2012 005243-1 Agreement Page 1 of 4 ADDENDUM#2 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on September 24, 2013 is made by and between the City of 5 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 6 Manager, ("City"), and CONATSER CONSTRUCTION TX, LP, authorized to do business in 7 Texas, acting by and through its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documenis for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Wedgwood Storm Water Relief System—Phase I 17 City Project#00480 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. The Contract Time shall commence no later 22 than December 1, 2013 on which the Contractor shall start to perform the work specified in 23 the Contract Documents. The official Notice To Proceed may be given at any time within 24 14 days after the Effective Date of this Agreement as provided in Paragraph 2.02 of the 25 General Conditions. 26 3.2 Final Acceptance. 27 The Work will be complete for Final Acceptance within 270 days after the date when the 28 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 29 3.3 Liquidated damages 30 Contractor recognizes that time is of the essence of this Agreement and that City will 31 suffer financial loss if the Work is not completed within the times specified in Paragraph 32 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 33 General Conditions. The Contractor also recognizes the delays, expense and difficulties 34 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 35 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 36 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 37 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 38 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 39 Acceptance. OFFICIAL RECORD CITY OF FORT WORTH Wedgw d�� tE ffARV hale I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT 1��� q`r? ect 00480 Revised August 17,2012 "a 005243-2 Agreement Page 2 of 4 ADDENDUM#2 40 Article 4. CONTRACT PRICE 41 City agrees to pay Contractor for performance of the Work in accordance with the Contract 42 Documents an amount in current funds of One Million, One Hundred Seventy-Four Thousand, 43 Five Hundred Sixty-Eight and no/100 Dollars($1,174,568.00). 44 Article 5. CONTRACT DOCUMENTS 45 5.1 CONTENTS: 46 A. The Contract Documents which comprise the entire agreement between City and 47 Contractor concerning the Work consist of the following: 48 1. This Agreement. 49 2. Attachments to this Agreement: 50 a. Bid Form 51 1) Proposal Form 52 2) Vendor Compliance to State Law Non-Resident Bidder 53 3) Prequalification Statement 54 4) State and Federal documents(project specific) 55 b. Current Prevailing Wage Rate Table 56 c. Insurance ACORD Form(s) 57 d. Payment Bond 58 e. Performance Bond 59 f. Maintenance Bond 60 g. Power of Attorney for the Bonds 61 h. Worker's Compensation Affidavit 62 i. MBE and/or SBE Commitment Form 63 3. General Conditions. 64 4. Supplementary Conditions. 65 5. Specifications specifically made a part of the Contract Documents by attachment 66 or, if not attached, as incorporated by reference and described in the Table of 67 Contents of the Project's Contract Documents. 68 6. Drawings. 69 7. Addenda. 70 8. Documentation submitted by Contractor prior to Notice of Award. 71 9. The following which may be delivered or issued after the Effective Date of the 72 Agreement and, if issued,become an incorporated part of the Contract Documents: 73 a. Notice to Proceed. 74 b. Field Orders. 75 c. Change Orders. 76 d. Letter of Final Acceptance. 77 78 EOFFICIAL �ECgR��ETARY O,R7Hy 71, CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised August 17,2012 005243-3 Agreement Page 3 of 4 ADDENDUM#2 79 Article 6.INDEMNIFICATION 80 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 81 expense, the city, its officers, servants and employees, from and against any and all 82 claims arising out of, or alleged to arise out of, the work and services to be performed 83 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 84 under this contract. This indemnification provision is specifically intended to operate 85 and be effective even if it is alleged or proven that all or some of the damages being 86 sought were caused, in whole or in part, by any act, omission or negligence of the city. 87 This indemnity provision is intended to include, without limitation, indemnity for 88 costs,expenses and legal fees incurred by the city in defending against such claims and 89 causes of actions. 90 91 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 92 the city,its officers,servants and employees,from and against any and all loss,damage 93 or destruction of property of the city,arising out of,or alleged to arise out of,the work 94 and services to be performed by the contractor, its officers, agents, employees, 95 subcontractors, licensees or invitees under this contract. This indemnification 96 provision is specifically intended to operate and be effective even if it is alleged or 97 proven that all or some of the damages being sought were caused, in whole or in part, 98 by any act,omission or negligence of the city. 99 100 Article 7.MISCELLANEOUS 101 7.1 Terms. 102 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 103 have the meanings indicated in the General Conditions. 104 7.2 Assignment of Contract. 105 This Agreement, including all of the Contract Documents may not be assigned by the 106 Contractor without the advanced express written consent of the City. 107 7.3 Successors and Assigns. 108 City and Contractor each binds itself, its partners, successors, assigns and legal 109 representatives to the other party hereto, in respect to all covenants, agreements and 110 obligations contained in the Contract Documents. 111 7.4 Severability. 112 Any provision or part of the Contract Documents held to be unconstitutional, void or 113 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 114 remaining provisions shall continue to be valid and binding upon CITY and 115 CONTRACTOR. 116 7.5 Governing Law and Venue. 117 This Agreement, including all of the Contract Documents is performable in the State of 118 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 119 Northern District of Texas,Fort Worth Division. MOFFICIAL RECORD CITY OF FORT WORTH Wed `�„ —Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ci Proj t#00480 Revised August 17,2012 Tr WORTH, N 005243-4 Agreement Page 4 of 4 ADDENDUM#2 120 7.6 Other Provisions. 121 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 122 classified, promulgated and set out by the City, a copy of which is attached hereto and 123 made a part hereof the same as if it were copied verbatim herein. 124 7.7 Authority to Sign. 125 Contractor shall attach evidence of authority to sign Agreement, if other than duly 126 authorized signatory of the Contractor. 127 128 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 129 counterparts. 130 131 This Agreement is effective as of the last date signed by the Parties(`Effective Date"). 132 Contracto . CiV- a, B Fern ndo Costa By-* Assistant City Manager ( 'gnature P Date 2� Attest: f 0 R)- (Printed )(Printed Name) 1 f City Se retary 0 I �I � (Seal) � Title: 'U Address: P.O. �L, � o4K M&C C-2r r; U-�Z �'��� Date: City/State/Zip:r4– W 0Yj1h I W-�(p j/q Approved as to Form and Legality: A ' Lu LU Date —Douglas-4laek-- yN'1 , c z t m Ky"E Assistant City Attoi acy- 133 134 135 APPROVAL RECOMMENDED: 136 137 ' �1 138 139 Douglas Wiersig,P.E. 140 DIRECTOR, 141 Transportation and Public Works Department 142 UFFICOAL RECORD CITY SECRETARY CITY OF FORT WORTH Wedgwoodtorr, a t g Ph e I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS t`"" 0 00480 Revised August 17,2012 0061 13-1 PERFORMANCE BOND Page 1 of 2 Bond No: M 605722 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, CONATSER CONSTRUCTION TX, LP, known as "Principal' herein and 9 MERCHANTS BONDING CGTANY (MUTUAL) a corporate surety(sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as"Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, ONE MILLION, 13 ONE HUNDRED SEVENTY-FOUR THOUSAND, FIVE HUNDRED SIXTY-EIGHT AND 14 NO/100 DOLLARS ($1,174,568.00), lawful money of the United States, to be paid in Fort 15 Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents. 18 WHEREAS,the Principal has entered into a certain written contract with the City 19 awarded the 24th day of September, 2013,which Contract is hereby referred to and made a part 20 hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and 21 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 22 as provided for in said Contract designated as Wedgwood Storm Water Relief System—Phase I 23 City Project#00480. 24 25 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 26 shall faithfully perform it obligations under the Contract and shall in all respects duly and 27 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of 29 extension of the Contract that may be granted on the part of the City, then this obligation shall be 30 and become null and void,otherwise to remain in full force and effect. CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project 400480 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the SEP 2 4 20'1 ay of 9 ,20 10 PRINCIPAL: 11 CONATSER CONSMC ON TX LP 12 13 14 BY: 15 Signature 16 ATTEST: G/ 17 Jerry Conatser, President of Conatser 18 Management Group, Inc., GP 19 (Principal)Secretary Name and Title 20 21 Address:P. 0. Box 15448 22 Fort Worth, TX 76119 2 244 25 Witness as to Principal 26 SURETY: 27 MERCHANTS BONDING CGIPANY (MUTUAL) 28 29 30 BY: 31 6$gn 32 Glenna S. Davis, 11 33 Attorney-in-Fact 34 Name and Title _ 35 36 Address: 2100 Fleur Drive 37 Des Moines, TA 50321-1158 38 39 p ,� 40 Witness as Surety Telephone Number: 800-678-8171 41 Carolyn Maples 42 43 44 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 45 from the by-laws showing that this person has authority to sign such obligation. If 46 Surety's physical address is different from its mailing address, both must be provided. 47 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised July 1,2011 0061 14-1 PAYMENT BOND Page 1 of 2 Bond No: M 605722 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, CONATSER CONSTRUCTION TX, LP, known as "Principal" herein, and 8 MEIMCHAWS BONDING CC1v1PANY (KTNAL) a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of ONE MILLION, ONE HUNDRED SEVENTY-FOUR THOUSAND, FIVE 13 HUNDRED SIXTY-EIGHT AND NO/100 DOLLARS ($1,174,568.00), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns,jointly and severally, firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 24th day of September,2013, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein,to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as Wedgwood Storm Water Relief System—Phase I City Project#00480. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project 900480 Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the day of 3 :ALN 4 2013 , 20 6 4 PRINCIPAL: CONATSER CON== TX, LP ATTEST: BY: y Jerry Conatser, President of Conatser Management Group, Inc., GP (Principal) Secretary Name and Title Address: P. 0. Box 15448 Fort Worth, TX 76119 Witness as to Principal �- SURETY: MEBC.'HAWS BONDITIG C(ITANY (M1PIgJAL) ATTEST: BY: I Ipum ture Glenna S. Davis, Attorney-in-Fact (Surety) Secretary Name and Title Address: 2100 Fleur Drive Des Moines, IA 50321-1158 Witness as t Surety Carolyn Maples Telephone Number: 800-678-8171 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised July 1,2011 0061 19-1 MAINTENANCE BOND Page 1 of 3 TXC 605722 I SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we CONATSER CONSTRUCTION TX, LP, known as "Principal' herein and 9 NERMANI'S 13MDU MARANY (KJTUAL) , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety"herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as"City"herein, in the sum of ONE MILLION, 13 ONE HUNDRED SEVENTY-FOUR THOUSAND, FIVE HUNDRED SIXTY-EIGHT AND 14 NO/100 DOLLARS ($1,174,568.00), lawful money of the United States, to be paid in Fort 15 Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City 16 and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 17 jointly and severally, firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the24th day of September, 2013, which Contract is hereby referred to and a made part hereof for 21 all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 22 accessories as defined by law, in the prosecution of the Work, including any Work resulting from 23 a duly authorized Change Order(collectively herein,the"Work") as provided for in said contract 24 and designated as Wedgwood Storm Water Relief System—Phase I City Project#00480; 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 Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project 400480 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 Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 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 day of 3 SEP 242013 20-- 4 5 PRINCIPAL: 6 CONATSER CONSTRUCTION TX, LP 7 8 9 BY: - 10 , �ignature 11 ATTEST: 12 Jerry Conatser, President of Conatser 13 Management Group, Inc., GP 14 (Principal)Secretary Name and Title 15 16 Address: P. 0. Box 15448 17 Fort Worth, TX 76119 18 19 �{0 ^ J/^` ^ ` -� 20 Witness as to Principal 21 SURETY: 22 MERCHANTS BONDING CDTANY (MUTUAL) 23 Af 24 25 BY: A6"" ZK 26 ignature 27 Glenna S. Davis, 28 Attorney-in-Fact 29 ATTEST: Name and Title 30 31 Address: 2100 Fleur Drive 32 (Surety)Secretary Des Moines, IA 50321-1158 33 34 Cl N N �- 35 Witness as t Surety Telephone Number:800-678-8171 36 Carolyn Maples 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 Wedgwood Storm Water Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised July 1,2011 MERCHANT77�k BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Carolyn Maples; Glenna S Davis; John R Wilson of Fort Worth and State of Texas their true and lawful Attomey-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign, execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: SEVEN MILLION FIVE HUNDRED THOUSAND($7,500,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the 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 Attomeys-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 Witness Whereof,the Companies have caused this instrument to be signed and sealed this 4th day of October . 2013. t1 �`6�"' •'�O�N��'C�M,p•. MERCHANTS BONDING COMPANY(MUTUAL) C2 Q?y ORq--%6 ; OQ(tP Oq��9y�� MERCHANTS NATIONAL BONDING,INC. • 2003 n-' 6' 1933 c' y By STATE OF IOWA ��'•.,,'�••y1 �•`'�• ••. .•• COUNTY OF POLK ss. """'"'"" ••" President On this 4th day of October . 2013,before me appeared Larry Taylor,to me personally known,who being by me duly swom 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 is 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. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. f 1 MARANDA GREENWALT 2 Commission Number 770312 rr aMs My Commission Expires OM" October 28,2014 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. 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. C D 2 4 W3 In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on L` this day of "'•-�1014,E •'Q\H�. 'O,yj'•� �/ r 'a' 1933 r_- Secretary ) v 2003 ;�.� :yJ. •cti: POA 0014 (11/11) . �'`,� •.....••;�������� •,•�y ''`1�. MERCHANTS� BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC. 2100 FLEUR DRIVE • DES MOINES, IOWA 50321-1158 (800)678-8171 , (515)243-3854 FAX IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ( SUP 0032 TX(5/12) A�oRo® CERTIFICATE OF LIABILITY INSURANCE 10/7/2o 3�) 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 'he terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). .` PRODUCER CONTACT NAME: The Sweeney Company PHONE (817)457-6700 A/C No:(817)457-7246 1121 E. Loop 820 South E-MAIL ADDRESS: P 0 BOX 8720 INSURER(S)AFFORDING COVERAGE NAIC# Fort Worth TX 76124-0720 INSURERABituminous Fire & Marine 20109 INSURED INSURERB:Bituminous Casualty Corp0095 Conatser Construction TX, LP INSURERC: P.O.BOX 15448 INSURERD: INSURER E: Fort Worth TX 76119 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DDM(YY tr` GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED i PREMISES Ea occurrence) $ 100,000 A4i CLAIMS-MADE OCCUR LP 3 589 803 8/1/2013 8/1/2014 MED EXP(Any one person) $ 5,000 X CONTRACTUAL, XCU PERSONAL&ADV INJURY $ 1,000,000 X INDEP CONT, BFPD GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICYLx_ PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 A 11 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AP 3 589 805 8/1/2013 8/1/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccident PIP-Basic $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,00C CUP 2 802 869 8/1/2013 8/1/2014 $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/NDRY LIMITS I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A C 3 589 804 8/1/2013 8/1/2014 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under ,j, DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS]LOCATIONS/VEHICLES (Attach 101,Additional Remarks Schedule,if more space is required) WIEDGEWOOD STORM RELIEF SYSTEM PHASE 1, CITY PROJECT NO. 00480, DOE NO. 7071. ALL POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS. THE GL ADDITIONAL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY & NONCONTRIBUTORY WORDING. THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION (10 DAYS FOR NON—PAYMENT OF PREMIUM) TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT WORTH ACCORDANCE WITH THE POLICY PROVISIONS. 1000 THROCKMORTON ST FORT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE Charles Sweeney/JOYCE C� 4'ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. IiNS02519Mnnsi n1 Tho Arr)Pn nnmc nnrl Inn^aro rcanicfcrnrf mnrirc^f A( r)Pr) 006125-1 CERTIFICATE OF INSURANCE ' Page 1 of I SECTION 00 6125 CERTIFICATE OF INSURANCE END OF SECTION j CITY OF FORT WORTH Wedgewood Storm Nater Relief System—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#00480 Revised July 1,2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Ek=nber2l,2012 « x « � � �� » � STANDARD/zSTANDARD ��^�^`^�^^^~^� ~~CONDITIONS `,^ _____��� CONSTRUCTION CONTRACT TABLE OF CONTENTS � Page l � Au�clel -I�efndtiouuand I�zojnnlngy.-.---.'-..-..-.'--..'-....'.'-.-.....--.-.-'-..'--.....-' � l.0l I�ot�x�lToruzo.......-...-.-..-..-.--.-'-.--'...._........__....__..__.._.._._.___....._._..^ 1.02 Terminology.................................................................................................................................., U Article ��a�oos-----------------_----------------------. ' 2.01 Con�no�I�oouuoou10-.------------------------------------' ' - (�oz�ruc�7�n�24o�cotn�rmo�od 7 2�O2 o1 -_-, ---------------------. � 2.03 Starting the Work..........................................................................................................................o 2.04 Botbro Starting Construction........................................................................................................° 2.05 Preconstruction Conference..........................................................................................................o � 2�0 Public ------____________________________________, « ~ 0 2.07 Initial Acce�uzuceofSchedules---------------------------------. � Article 3-Contract Documents: Intent,Amending,Reuse............................................................................o 8 3]3l 0 �����----------_-_-_________________________________ 9 3.02 }�of�ezxzeStandards--------------------______-_-_-_-_-____. � � 303 and ----------------------------.. � Reporting lO 3.O4 and Coo�ruc�I)omoo��a---------------------.. - -- lO 3.05 I�cmmenfI�nonzueoto--------------------_-_-_-____________. ll 3.06 I�ootn)oiuI}u10-..---..-.-.----'-.-...-'-..__._..____.__..._.__...__..__._._ Article 4-Availabi�nf���o� Subsurface and PConditions; Hazardous' lI Conditions;Reference Pob�o---..---.....-...-..--.--..-....-.--..-....'..-'-...---..-. �K 4.01 Availability nfLands.................................................................................................................. ll 4.02 Subsurface and Physical Conditions ..........................................................................................12 l2 4.03 8obonrt�000r�hvnioulCoodidooa-..-'-....-.�-..-�----'-....---.'..-''.- � Differing 13 � 4.04 I7ooiDhiou -''--..-----�.-....-��...-�-�.�.-.-'..-.�-.�'...-.--.--.-.�-. - l4 4.05 Ret�r�me Points ......................................................................................................................... 4.06 Hazardous Environmental Condition utSite..............................................................................l4 n /�ztolo5-Bonds and Iouon��ce...-..-'-.----.--...-...---..-...-...-..-'...-...-.-..-...-..-''...l6 5.01 Licensed Sureties and Insurers...................................................................................................16 » 5.02 Performance,Payment,and.Maintenance Bonds.................................................................... .lO « 5.033 Certificates nfInsurance.--..-.^.....-.-----..-.-__...__.._._____._._.._____.ld 5.04 Contractor's Insurance................................................................................................................18 UK ..-.-..-.......-.-...- 195.05 Acceptance ofBonds ou�Iouuzu000; toK�doo�.--.'- l9 Article 6-(�nobactor'ol�eoy000ih�dioa--.-...-...-..-'-....--.--....--.'-'.-.'..._-_~_-'_.... v l9 6.01 Supervision and 8opc�ut�x]onse.-...--...-..-'--.....-.--'-.--'-.-.~----....'-. ` U CITY orFORT WORTH �c»�xovooco�ov7o � uzvuvoAoDcomoouUoTmmSPEC 6.02 Labor; Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals.........................................................................................................21 6.06 Concerning Subcontractors, Suppliers,and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 F 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 29 6.14 Safety and Protection..................................................................................................................30 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs ............................................................................................. 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services ..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data...............................................:............................................................................I...36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative.....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 x CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnba21,2012 Article 10-Changes in the Work; Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.01 Cost ofthe Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays...........................................................................................................................................47 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims .........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 'r 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article 16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decmba2l,2012 " Article l7—Miscellaneous------------------------------------------d2 l7DlGiving Notice..............................................................................................................................02 17J02Computation nfTimes................................................................................................................02 � l7.03Cumulative Remedies.................................................................................................................62 ' l7.O4Survival of Obligations-------------------------------------d3 1715 Headings--------------------------------------------..03 l � ' � � � " � � � - 8 � / � � CITY osFORT WORTH n STANDARD CONSTRUCTION ovEcIFcAoomDOCUMENTS » Revision:oa=mer2l.2012 007200-1 General Conditions Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form,if any, and the Bid Form with any supplements. 10. Business Day–A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11.Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dcxonber2l,2012 007200-1 General Conditions Page 2 of 63 —A document, which is prepared and approved by the City, which is signed 13. Change Order by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth; Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17, City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas, or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations, or agreements,whether written or oral. - 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for defmition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dace nber2l,2012