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HomeMy WebLinkAboutContract 58372 CSC No. 58372 FORT WORTHS CONTRACT FOR THE CONSTRUCTION OF 7th Street at Burnett Storm Drain Rehabilitation City Project No.103056 Mattie Parker David Cooke Mayor- City Manager William Johnson Director,Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department Conformed to Bid = OF���� May 20, 2022 '*� • *�� i........................... o RODRIGO VIZCAINO Of HDR Engineering,Inc. �....�.................. :....of Texas Firm Registration F-754 1 %� Q 95939 :��04 1�ti FS�c!S TERF�.G\��r ;`A` = 05/20/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX COFW Project No. 103056 City of Fort Worth,Texas May 20,2022 HDR Project No. 10302124 7th Street at Burnett Storm Drain Rehabilitation Conformed to Bid COVER FORT WORTH. "I'll City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page I of S SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 0043 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 11 Bidders Pre qualifications 08/13/2011 0045 12 Pre qualification Statement 09/30/2021 0045 13 Pre qualification Application 08/13/2021 00 45 26 Contractor Compliance with Workers'Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 11/213/2021 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2011 00 73 00 Supplementary Conditions 03/09/2020 Division 01 -General Requirements Last Revised 01 1100 Summary of Work 12/210/2012 01 2500 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 3120 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 3233 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Spec al Project Procedures 03/11/2022 01 4523 Testing and Inspection Services 03/09/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Si na e 07/01/2011 01 6000 Product Requirements 03/09/2020 01 6600 Product Storage and Handling Requirements 07/01/2011 01 7000 Mobilization and Remobilization 11/22/2016 01 7123 Construction Staking and Survey 02/14/2018 01 7423 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 7823 1 Operation and Maintenance Data 12/20/2012 01 7839 Project Record Documents 07/01/2011 CITY OF FORT WORTH 7`'Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No.103056 Revised March 11,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 33 -Utilities 3301 30 Storm Drain and Manhole Testing 03/11/2022 3301 32 Closed Circuit Television(CCTV)Inspections Storm Drain/Storm Water 03/11/2022 3303 10 Temporary Bypass Pumping of Existing Storm Drain Systems 03/11/2022 33 04 50 Cleaning of Pipes 03/11/2022 33 04 51 Storm Drain Chemical Grouting 03/11/2022 33 31 12 Cured In Place Pipe CIPP 03/11/2022 33 3150 Storm Drain Service Connections and Service Line 03/11/2022 Date Division 02 -Existing Conditions Modified mo n�1 eestiivSite,11 1; �e��tten m nl In vzTrrT 0241 15 Paving Removal 03/11/2022 Division 03 -Concrete n; -nl� e�� n�-3 n l -r v� � v $3--94-98 Division 26-Electrical z-o--o-�--ry 2< n� ��-nv�c-n� zo �� Division 31 -Earthwork 3, o Site Gleafifig 3123 16 Unclassified Excavation �,�3 �,moo Embaaliiieas �o i nn Division 32 -Exterior Improvements �'�T 9a �''�9 2� riffle � TLiquid Tfeated Soil Stabilizef 4�iiw Asphalt Payi*g 324,'L73 324443 �� 12 z1n as� v Cone Pete , 9l 12 '12 CITY OF FORT WORTH 7"`Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No.103056 Revised March 11,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of S 2 1 -3 2 2 � 2'l�-3 O.,,;n Fo,-,, s and G toss Wife Fenees-affd-&Aes �rry 2l 2l Division 33 -Utilities 2 2�i �2 2 � joint lselffitiefi 9--vnr 2 294)44 i 22 nn 2n 22 nn nn �2 20 2 2c 1 W tefr :Line � 2 2�vTi� 2 32 n�a oTrroi 22 nc In v�T� GfRiAe 94)5-76 Gaii.,ete gat ffte Latt+ 22 nc .n 22�--o�nc-zT r 21 Tunnel ; r Tate Steel casing Pip-e �--�-zz Hand Tuffaeh*g 22 nc 2n histallation of Caffief Pipe in Ca-.'.., Tunnel Linef Plate 22 nc 46 Utility N4aFkeFs,1J=eeateFs 22 22�-5 Belts Ntits ,.ft 11askets 2 2nv 3-P44 UAR 2 2�i 2 2�i r-iTBufied Steel Pipe and Fitt' _ 22 1 1 n gat to f Se fyiee- 1 eh to 2 inel- 994727-4 22 12 2n Resilient Seated r to NT l �v 2 2i 23iz i� 2 2nv 9-3 1 nn -Tr-Tv Fife 14ydfafAs 9� �v CITY OF FORT WORTH 7"`Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No.103056 Revised March 11,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of S 33420 2 29-31i� afy 22 3 1 G High Peasiof U4yed+yleae (i DPE)Pipe fia f C"aa tafy Coteau Ts22 21 '1n Pel.,.,it+y1 G l,. !"'_fide (PIVIC) .-ay tom. Caft tafy C"owef Pi-re �rzv 22�1= 2 2�i 2 2�-3 22 22�0 D.-o,.,,..+ 22 2n 2n Fibefglass r,r„wt+ek- �o 2 20 22-2n 4n --ov� T 2 20 2 2�Trii 2 29-4ii 9-Trite 22 n6 nn 22- v--oT n�mSlotted Steffn4)fains22--ror_-0-a n T-fef e Pf :ems � v �o 33 49 20 Curb and Drop Tnlets 03/11/2022 22 nn nn �v Division 34-Transportation 2 n�o 2 A n4+44.4 r4r4ae-h-t"rrcixtA GatitfalleGabit+e4 2 n n�Q-2 24 n1 lnn2 At F Spe �v� zTctr"t xir€�t-C—�tlrt�'F'-arc-opcEificuti6n 21T Tle��faffie Signals 2 A�-2 Removing Tfatfi-e� 2 A�-Tri� 2 A�v 2n n1 2n �o 2 n nano it 4 -4r-2moz 2n n1 2nn2 Residential LED Roadway Luminaifes 34 41 30 3471 13 Traffic Control 03/11/2022 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htti):Hfortworthtexas.i!ov/tpw/contractors/ or httys:Happs.fortworthtexas.2ov/ProjectResources/ Division 02 -Existing Conditions Last Revised CITY OF FORT WORTH 7`'Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No.103056 Revised March 11,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of S 4 �1 1 2 Qoleetiye Site De ff,�14i-a., n2/1 1/2021 va-rrT� v�rrnzvzz m n 1 1 n 12/20/2n1 2 vz�rT ,-z,-z�c�z'o-�z 0241 15 Paving Removal 02/02/2016 Division 03 -Concrete ne� 30 (o !`,.,,+ r,, nI--Ae. C;61 ,.fet 4 41/2022 43-344-3 n 201z01z 43-344-6 Gaiief ete Base N44efial faf Tfeiieh Re 12/20,/201-2 0;-944)0 12/, 20,/20;z Division 26-Electrical 2r-0-5-W G4mmP-0-14 xxt4.-1,Dos..l+� .->~lo,.t.-: 1 n3/lo 1�, /20 24-0-S-W 2 AW,/2 Q 12 z-o--v&-4-3 n�/no l�T 24-0 -so Ga ffi ffuii ,.,.+:mis Multi ramdet r+,.,.duit 02/o rz z /�6 Division 31 -Earthwork �1�0 Site r .s-a n3/o�T - 21�o TT...elass:fie R..,.,,.,,,+:.� 0-1-,/28,/20-13 21�3 Beff-e-w n1/7mr281/2oi3 2 1�0 Embafi- 6 n 1 P)m 281Q i 3 9 -2-5-00 n n/�;21 21� -3 -N Gabieffs 11 /�12 3 -3-7-N R4pfap 12/20,/2012 Division 32 -Exterior Improvements �''�T ,21,�20,/20;z 2-0 14 rrow �ef: Asphalt D..yiff Do.-.,.:.- 12/20/2012 7z-v-rra �=vrzmz 2-04z9 1- 2/20,/20112 32 1123 Flexible Base Courses 12/20/2012 - � �z 3 T nQ/0 1�15 32 12 16 Asphalt Paving 12/20/2012 2'1�-3Prwitig -1 2/20,/201 2 2-� C-4414r-wvatva, n3/lo 1�2 2'lam 1-rziv9,/20z-1r 2 1 2 7- (�.�. efete Paving Tai t Se l,.fi 12/20/2012 �� �-c.,-z-mz-mz 2 444-6 12/20,/2012 2 -3Gooefete17/ni 4 � paiveffiefA Nlafkiff Ti z2120 i 3 2 1- �7 �c 1 1/nn,z/2n1 n � �73 , z as�rzo -rz�-svrzv,z 7.�.�4 F�ov.Rac A444 "..tan 1'l/7s0iz012 9 3Retaiiii-ffgn6/n a 2 (1 rn'1 �9m17 vi n3/1 1m-r/2ozz CITY OF FORT WORTH 7"`Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No.103056 Revised March 11,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of S 22 � nc/1�-1 224 nc/lo 2�T 2 2�� T.-oo^ ^ a F44F 4 /20 11 Division 33 -Utilities 22�0 �1� 0?riO4 4Q 22 T n2//1�22 22 i n2/ 2 2 0 12/20/201 2 2 2TS 04-W 12T201/N 2 22 nn 1 1 :�� ! + 1 T,.,.+ c+^+:,ff 12/2n/2n12 TJ--vnT �-c�-z-vrz-o-�z 22 nn 1 2 r,agne^:,,.� nnede�^+> �1: n �+o^+:�� C.,^+ow 1 2/2n/2n1 2 �J--via �-c�-z-vrz-o-�z 2 2�0Tempefafy07-i/01r2011 2 2�noa-HEIn 22/0 6,/zo i3 22�o n2//10 1� 0 22 nc 1n nn/m/202 TJ-vTry , , o�roz�zozz 2 294v 5 i i v0/z0iz 22 -3R41gs12/n1 22 nc 14 > > > n2om,-Z/11 0= SJ--�J-TT QZ,Z�LZ 22�0 G-R-R^vo+o Aar^+o. nr^„1+^ 11 2/2�z 22 nc 1 P conefe+o r�&4ff^ n2/11/2rn2 TJVTTT vJT1ZT-VLz 2 2�T� 12T20,/2012 22 1 ,,,-H-P-1 D ate 12/20/2012 �nC2T T T �z 2 2�� Steel Gasiiig P4pe 12/20,/2012 2 2� Haiid Tlr�eliffg12i20,/2012 22 � n6/1�3 2 2�0 1 22/2rtr201QN 2 v 1- 2/20,/011 2 2 2 22 1 1 nc Belts,1,„ts *a Gaske6 1 2/2n/2n1 2 2 - r-lrnv zz,/ AW,/%err 2231n n9/2o n�li--7 22�z l l/1�viv 2 2�-3Goffef4e12/20,/2 z 2 2�3� 20,/201z 22 12 1n *ar^+ c 1 iffe +o 2 iiie n1� �-�--rz--ry o�r n2/4 /2nT r,•r�m 221= 12/2z 05/06,/2015 22�= nnxrpx n n„1..1 Co^fo l l�„ffo p.,nr^l.,o^ nn/2�2/2n1,� 22 � -nsn2/no r,/2n1,� 334 w �zr /%err 2 2 noFi-Fen 11/nm�vr4 2 2Sflmple 12i20,/2012 3-3- no aw n6/1 2 2�-�--2ri ii 4-v��z�� 3-34-3 i%T 0,/20-1iz 22 � De+isity pe nn/2o 2�n 2 21 2n n�/1n/2n12 �2rzv vrn-rT-avi� CITY OF FORT WORTH 7"`Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No.103056 Revised March 11,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of S 323121 12/ z Pff 2 2�z Saftitafy Sewef Slip Lining 1 2/20rLv 11 2 2 2�3 Saftitafy Sewef Pipe Ealafgemefit 12/20,/20I2 33 31 50 SanitaU Sewer Service Connections and Service Line 04/26/2013 9 0Geffibif+4ieffi 2/20140;z �3 2 n 1 n Cast nl aee ram,_..,..ete n,r,.fAie1. 12/20 201 2 7TJ'7-Tv 1�.CT[-iiT1ZZ[cc-cv12GTlJ[�A1�Ci.� rz�rc�z�lz 2 2Fibefglass 12/20,/201 2 22Aeeess i2/'lei o no nn/o o�T 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33-4444Density z2/2�}/2012 2 21'4TTZ Tiri3,/2 3--4o-w /20,/2012 22 = Stafffl—Dfaifts n7/ni �2 n� rn TY N t —D--F H' 07/n1/on11 Ta-�v-or m�m-r�v�-r - v �z 90 n3/lo 1�, /�2 'z zoo 07/04/201,T Division 34-Transportation �n�o gliats lo lei �n n�� znt4aehfffefi1 AGafft+enef-C�t 12/1 3 n n l 1 1 1 1/22/20 �n�-3 n3/lo 1�, /�1, 2 il�no lrRoadway orn/THY2 QT4 44 n of 06/1�15 �n n�03 nti/ivor4 5/201-5 3 n�-4440 n 421/20i �nano 02/o r�6 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 7"`Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No.103056 Revised March 11,2022 MEW 'ON uoili2hjigmgo-j upiCi uuolS llauznd lP POIS TL 'jualq 1191 AIleuoijualui abed sigi City of Fort Worth, Texas Mayor and Council Communication DATE: 06/28/22 M&C FILE NUMBER: M&C 22-0525 LOG NAME: 20SWM 7TH ST AT BURNETT SDR CONSTRUCTION SUBJECT (CD 9)Authorize Execution of a Construction Contract with PM Construction & Rehab, LLC, �LJG ioo Seuth Gentral in the Amount of$524,800.00 for 7th Street at Burnett Storm Drain Rehabilitation Project RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with PM Construction & Rehab, LLC, 1PR Se,•t" GentFal in the amount of$524,800.00 for 7th Street at Burnett Storm Drain Rehabilitation project. DISCUSSION: Approval of this Mayor and Council Communication (M&C)will authorize the execution of a construction contract for the rehabilitation of storm drain pipe in 7th Street from Lexington Street to Cherry Street and 6th Street from Cherry Street to Burnett Street. The project is a part of the Stormwater Program's Storm Drain Rehabilitation Program which assesses the condition of existing drainage pipe systems to identify and prioritize pipes for rehabilitation before potential collapse and/or sinkholes form. The storm drain pipe rehabilitation will be done primarily through trenchless methods that avoid cutting into the street. At the intersection of 6th Street and Burnett Street, some excavation will be required to repair a storm drain pipe and increase the existing inlet size. The project was advertised for bid in the Fort Worth Star-Telegram on April 7, 2022 and April 14, 2022. On May 5, 2022, the following bids were received: Bidder ] Amount FConstruction & Rehab $524,800.00 [nsituform $562,178.00 Construction is expected to start in September 2022 and be completed by November 2022. In addition to the contract amount, $81,000.00 is required for project management, material testing and inspection and $26,000.00 is provided for project contingencies. The project is funded by 2020 Stormwater Utility Revenue Bonds. DVIN OFFICE— PM Construction & Rehab, LLC is in compliance with the City's Business Equity Ordinance by committing to 9% Business Equity participation and documenting good faith effort. PM Construction & Rehab, LLC identified several subcontracting and supplier opportunities. However, the firms contacted in the areas identified did not respond or did not submit the lowest bids. The City's Business Equity goal on this project is 13%. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Stormwater Rev Bonds 2020 Fund for the 7th St at Burnett SDR project. Prior to any expenditure being incurred, the Transportation & Public Works Department is responsible for verifying the availability of funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Linda Young 2485 0005 15-1 ADDENDA Page I of 2 SECTION 00 05 15 ADDENDUM NO. 1 7"'Street at Burnett Storm Drain Rehabilitation City Project No. 103056 ADDENDUM NO. 1 Issued Date: Friday, April 22,2022 Bid Opening Date:2:00pm Thursday May 5,2022 This addendum forms part of the Contract Documents reference above and modifies the original Contract Documents. An optional pre-bid meeting was held virtually on April, 19111,2022 at 11:00. A sign-in sheet of those in attendance is attached.This City described the overall intent of the project and questions were fielded. A paraphrased summary of questions is provided below. Also included are modifications to AGREEMENT Section 00 52 43 Article 4. Acknowledge receipt of this Addendum by signing in the space below and attaching it to the Contract Documents(inside).Note receipt of this Addendum in the Bid Proposal and on the outer envelope of your bid. Summary of Pre-Bid Meeting and Contractor Questions. Question: What is the amount of liquidating damages? Answer: Liquidating damages will be set to$1,000 per day Question: What is the completion time for the construction contract? Answer: Approximately 12 weeks(120 calendar days) Question: What is the engineer's estimate? Answer: Engineers opinion of probable construction cost is$600,000 Question: Because there is a difference on who counts towards the Business Equity Goal based on if the project is federally funded,are you able to confirm how this project is being funded? Answer: Project is entirely funded by local City CIP funding from 2020 bond. There is no federal funding. i i 7th Street at Burnett Storm Drain Rehabilitation Addendum No.I Page 1 of 2 000515-2 ADDENDA Page 2 of 2 Modification to Agreement Section 00 52 043 Article 4 SECTION 00 52 43 AGREEMENT ARTICLE 4. CONTRACT TIME 4.1 FINAL ACCEPTANCE. The Work shall be complete for Final Acceptance within 120 days after the date when the Contract Time commences to run,as provided in Paragraph 2.02 of the General Conditions,plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 LIQUIDATED DAMAGES Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s)specified in Paragraph 4.1 above.The Contractor also recognizes the delays,expense and difficulties involved in proving in a legal proceeding,the actual loss suffered by the City if the Work is not completed on time.Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City One Thousand and 00/100 Dollars ($1.0 00.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Addendum No. I RECEIPT ACKNOWLEDGEMENT: William Johnson Director,Transportation&Public Works By: By: W4;9�& 9¢ "&- P Construction&Rehab,LLC Mike Bennett,P.E. Compa : Project Manager,T/PW Capital Delivery Address: 131 North Richey Street City: Pasadena State: Texas 7th Street at Burnett Storm Drain Rehabilitation Addendum No.1 Page 2 of 2 0005 15-1 ADDENDA Page 1 of 1 SECTION 00 05 15 ADDENDUM NO.2 7"'Street at Burnett Storm Drain Rehabilitation City Project No. 103056 ADDENDUM NO.2 Issued Date: Friday,April 29,2022 Bid Opening Date:2:00pm Thursday May 5,2022 This addendum forms part of the Contract Documents referenced above and modifies the original Contract Documents. An optional pre-bid meeting was held virtually on April, 191",2022 at 11:00.This Addendum clarifies Bidder Prequalifications. Bidder Prequalifications Section 00 45 11 has been modified as follows: Items c through h of Part 2 for Prequalification Requirements has been removed from the prequalification section.A revised Section 00 45 11 is included as part of this Addendum. These bidder qualification requirements are included in Section 1.5 Quality Assurance Part B of the CIPP Specification 33 31 50. Addendum No.2 RECEIPT ACKNOWLEDGEMENT: William Johnson Director,Transportation&Public Works By: By: AL4 Mike Bennett,P.E. Compan P1 Construction&Rehab,LLC Project Manager,T/PW Capital Delivery a IPR So Central Address: 131 North Richey Street City: Pasadena State: Texas 7th St at Burnett Storm Drain Rehabilitation COM Project No.103056 Page 1 of 1 Addendum No.2 004511 -1 BIDDERS PREQUALIFICATIONS Page 1 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.dtib.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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 7`'`St at Burnett Storm Drain Rehabilitation Revised July 1,2011 COFWProjectNo.103056 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 film 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. Bidden 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 7`'`St at Burnett Storm Drain Rehabilitation Revised July 1,2011 COFWProjectNo.103056 004511 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 7`'`St at Burnett Storm Drain Rehabilitation Revised July 1,2011 COFWProjectNo.103056 0005 15-1 ADDENDA Page I of t SECTION 00 05 15 ADDENDUM NO.3 Th Street at Burnett Storm Drain Rehabilitation City Project No. 103056 ADDENDUM NO.3 Issued Date:Friday,April 29,2022 Bid Opening Date: 2:00pm Thursday May 5,2022 ' This addendum forms part of the Contract Documents referenced above and modifies the original Contract Documents.An optional pre-bid meeting was held virtually on April, 191h,2022 at 11:00.This Addendum is to answer questions from potential bidders. Q: Will the owner please provide an anticipated notice to proceed for this project? A: We anticipate starting construction 3-5 months after the bid opening. This is subject to change. Q: Are contractors required to use a Styrene Reducing Agent during CIPP install on this project? A: Yes. Please see the CIPP specification in the contract book, Part 2.1 - Equipment, Product Types, and Materials, Section C. Performance/Design Criteria, Item 5 Styrene Reducing Agent. Q: Are there any work hour restrictions on this project? A: Please see the General Conditions in the contract book for working hours information,Article 6— Contractor's Responsibilities, Section 6.02 Labor, Working Hours. Addendum No. 3 RECEIPT ACKNOWLEDGEMENT: William Johnson Director,Transportation&//Public Works By: By: P4&rL 001 �Z Dillon Johns,E.I.T. Company. Pi Construction&Rehab,LLC dba Assistant Project Manager,T/PW Capital Delivery lPK South entra Address: 131 North Richey Street City: Pasadena State: Texas 7th St at Burnett Storm Drain Rehabilitation COM Project No. 103056 Page I of 1 Addendum No.3 This page intentionally left blank. 7th Steet at Burnett Storm Drain Rehabilitation No. 103056 00 11 13 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of 7th St at Burnett Storin Drain Rehabilitation Contract PK 103056 ("Project")will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, May 5, 2022 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier,FcdEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate)following: storm drain trenchless rehabilitation PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor 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 3 of 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 http://www.fortworthtexas.gov/purchasing/and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site https://docs.b360.autodesk.com/shares/3bd1f231- 372f-4097-a3e8-08dfl8111de0. 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 Rodrigo Vizcaino, HDR, 972-960-4400 The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with full size drawings: $50 Set of Bidding and Contract Documents with half size drawings: $40 EXPRESSION OF INTERSEST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ CITY OF FORT WORTH 7"Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No. 103056 Revised 7/19/2021 00 11 13 INVITATION TO BIDDERS Page 2 of 2 PREBID CONFERENCE—Web Conference A prebid conference will be held as discussed in Section 00 21 13 -INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: April 19, 2022 TIME: 11-12 PM Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held,the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held,prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing."If necessary,Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Dillon Johns, City of Fort Worth Email: Dillon.JohnsWbrtworthtexas.gov Phone: 817-392-7326 AND/OR Attn: Rodrigo Vizcaino, HDR Email: Rodrigo.Vizcaino@hdrinc.com Phone: 972-960-4466 ADVERTISEMENT DATES April 7, 2022 April 14, 2022 END OF SECTION CITY OF FORT WORTH 7"Street at Burnett Storm Drain Rehahilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No. 103056 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1.Capitalized terms used in these INSTRUCTIONS TO BIDDERS 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.Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre-qualification,must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: https://apps.fortworthtexas.gov/ProjectResources/ CITY OF FORT WORTH 7"Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No.103056 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 3.1.1. Paving—Requirements document located at: https://gpps.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving %20Contractor%20Prequalification%20Program/PREQUALIFICATION%20REQ UIREMENTS%20FOR%20PAVING%2000NTRACTORS.pdf 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at: https://apps.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Roadwa y%20and%20Pedestrian%20Li ghting%20Prequali fication%20Pro gram/STREET% 20LIGHT%20PREQUAL%20REQMNTS.pdf 3.1.3. Water and Sanitary Sewer—Requirements document located at: https://gpps.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- %20Construction%20Documcnts/Contractor%20Prequalification/Water%20and%2 OSanitary%20Sewer%20Contractor%20Prequalification%20Program/WS S%20pre qual%20requirements.12df 3.2.Each Bidder,unless currently prequalified,must submit to City at least seven(7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1.Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low bidder 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 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. CITY OF FORT WORTH 7"Street at Bumett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No.103056 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 4.1.Before submitting a Bid, each Bidder: 4.1.1. Shall 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. Should 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. Shall consider federal, state and local Laws and Regulations that may affect cost, progress,performance or furnishing of the Work. 4.1.4.Omitted 4.1.5. Shall study all: (i)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is 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. Should perform independent research, investigations, tests,borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access,upon 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. CITY OF FORT WORTH 7"Street at Bumett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No.103056 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.S. Shall 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 or bid is prima-facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall 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. 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. 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. 4.2.4.Standard insurance requirements, coverages and limits. 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder: (1) 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, (111)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. CITY OF FORT WORTH 7"Street at Bumett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No.103056 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 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 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 200 Texas Street Fort Worth, TX 76102 Attn: Mike Bennett, Transportation/Public Works Department Email: mike.bennett@fortworthtexas.gov Phone: : 817.392.7891 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. CITY OF FORT WORTH 7"Street at Bumett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No.103056 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 6.3.Addenda or clarifications may be posted via the City's electronic document management and collaboration system 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 a Bid Bond made payable to City in an amount of five (5)percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2.The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default,rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. S. 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 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non-responsive. CITY OF FORT WORTH 7"Street at Bumett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No.103056 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 Business Equity Ordinance No.25165-10-2021, as amended(replacing Ordinance No. 24534-11-2020), codified at: hLtps://codelibrary.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City 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 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 for which the Bidder proposes to do the work contemplated or furnish materials required.All entries shall be legible. 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 venture 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. CITY OF FORT WORTH 7"Street at Bumett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No.103056 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 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 Purchasing 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. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening,will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any)will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or 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. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such 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. CITY OF FORT WORTH 7"Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No.103056 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 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 party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract,Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements,performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders,proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization,work of a value not less than 35% of the value embraced on the Contract,unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1.The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httns://www.ethics.state.tx.us/data/forms/1295/1295.1)df 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement CITY OF FORT WORTH 7"Street at Bumett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No.103056 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH 7"Street at Bumett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT COFW Project No.103056 Revised/Updated November 2,2021 0035 13 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 SECTION 00 3513 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council,any one or more of the City Manager or Assistant City Managers,or an agent of the City who exercises discretion in the planning, recommending, selecting or contracting with a bidder,offeror or respondent is affiliated with your company,then a Local Government Officer Conflicts Disclosure Statement(CIS)may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. https://www.ethics.state.tx.us/data/forms/conflict/CIO.pdf https://www.ethics.state.tx.us/data/forms/conflict/CIS.pdf CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form does not apply CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: PM Construction&Rehab,LLC dba IPR South Central By: Thomas Gottsegen Company (Please Print) 131 N. Richey Street Signature"--�W— Address Pasadena,TX 77506 Title: Chief Legal Officer&Asst. Secretary City/State/Zip (Please Print) END OF SECTION CITY OF FORT WORTH 7th Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised February 24,2020 This page intentionally left blank. 7th Steet at Burnett Storm Drain Rehabilitation No. 103056 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager C/o: The Purchasing Division 200 Texas Street City of Fort Worth,Texas 76102 FOR: 7th Street at Burnett Storm Drain Rehabilitation City Project No.: 103056 Units/Sections: 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents, 2. BIDDER Acknowledgements and Certification 2.1. 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 7th Steel at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised 9/30/2021 00 41 00 Bid Proposal Workbook i i i `r i 0041 00 BID FORM Page 2 of 3 d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. - Paving b. - Roadway&Pedestrian Lighting C. - d. - e. - f. - 9. - h. - 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work(and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 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 CITY OF FORT WORTH 7th Steel at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised 9/30/2021 00 41 00 Bid Proposal Workbook 0041 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items<use this if applicable, otherwise delete> Total Base Bid <use this if applicable, otherwise delete $0.00 Alternate Bid <use this if applicable, otherwise delete> $0.00 Deductive Alternate<use this if applicable, otherwise $0.00 Additive Alternate<use this if applicable, otherwise $0.00 Total Bid $0.00 7. Bid Submittal This Bid is submitted on by the entity named below. Respectfully submitted, Receipt is acknowledged of the Initial -V<� following Addenda: By: Addendum No. 1: 4 2 22 (Signature) Addendum No. 2: 41 q -114 Addendum No. 3: t{ 2q Addendum No.4: Thomas Gottsegen (Printed Name) Title: Chief Legal Officer& Asst. Secretary Company: PM Construction & Rehab, LLC dba IPR South Central Corporate Seal: Address: 131 North Richey Street Pasadena, TX 77506 State of Incorporation: Texas Email: JMouton@teamipr.com Phone: 832-252-4807 END OF SECTION CITY OF FORT WORTH 7th Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised 9/30/2021 00 41 00 Bid Proposal Workbook This page intentionally left blank. 7th Steet at Burnett Storm Drain Rehabilitation No. 103056 M)+2+a IIIU I'N(I;Y)i.tf. r,jr i rJ: SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Protect Item Infomtetmn Hiddcr't Pmposal Unit I- Aldlut hem No Detuipum) Specification Unit of Bid Unil Pm lid VAx Sccnon Na Measure Quantity GENERAL 0170,0100 MOBILIZATION/DEMOBILIZATION Ol 7000 LS 1 $50,000.00 $50,000.00 0171 0101 CONSTRUCTION LAYOUT STAKES AND SURVEYING 011121 !ES $2,500.00 52,500.009999 GROUND WATER MANAGEMENT/DEWATERING 33 31 123123.0101 STORMWATEI(POLLUTION PREVENTION PLAN(SWPPP) 0157 13 I AND IMPLEMENTATION $2,500.00 $_,500.00 TRAFFIC CONTROL. 3471 0001 TRAFFIC CONTROL 3471 13 WEEK 3 $18,000.00 I $54,000.00 POINT REPAIR 9999 TRIM PROTRUDING LATERAL 33 31 12 EACH 2 $430.00 $860.00 9999 TRIM PROTRUDING,GROUT 33 31 12 GAC.Ii 2 $4,000.00($8,000.00 9999 INTERNAL PACKER GROUTING 33 O1 51 LF 60 $850.00 $51,000.00 RL:IIABRATATION CURED.IN-PLACE PIPE 3301.0001 PRE-CONSTRUCTION CCTV INSPECTION 33 01 32 LF 1,300 $1.25 $1,625.00 9999 NORMAL.CLEANING OF STORM DRAIN 33 04 50 LF 1,300 $5.00 $6,500.00 9999 HEAVY CLEANING OF STORM DRAIN 34 04 50 LF 10 $100.00 $1,000.00 9999 INSTALLATION 01:IS-INC:I-I CIPP,COMPLETE,iN PLACE 33 31 12 LF 300 AND READY T'0 USF.(NOT INCLLtDE BYPASS hL1MPINCi) $185.00 $55,500.00 9999 INSTALLATION OF 24-INCH CIPP,COMPLETE.IN PLACE 34 31 IZ LF I000 AND READY TO , USE(NOT INCLUDE BYPASS PUMPING) $220.00 $220,000.00 3303.0001 BYPASS PUMPING 33 U3 10 LS 1 $5,000.00 $5,000.00 3301.0002 P0ST•C0NST'RU(7f10NCCTVINSPECTION' 33Of32 1 LF 1 1,300 $1.50 $1,950.00 3331.12U1 LATEILIL SERVICE REINSTATEAMENT&BRLUING 33 3150 1 EACH 9 M,5QQ.00 $12.000.00 OPEN CUT 02,110100 IREMOVESIDEWALK 024115 SY 20 024L0402 REMOVE ASPHALT PAVEMENT 0241I5 SY 30 $13.00 5390.00 9999 REMOVE INLET 33 49 20 EACH 1 $1,550.00 $1,550.00 3123 0101 I.NCLASIFFIED STREET EXCAVATION, 31 23 16 CY 100 $38.00 $3,800.00 3305.0109 TRENCH SAFETY 3223 16 Li: 25 $13.00 $325.00 3211 0122 ROCKBASE(FLEXBASE) 32 1123 SY 50 $50.00 $2,900.00 3212 0302 I LOT MIX ASPAHLT 32 12 16 SY 30 $225.00 $6,750.00 9999 12-INCH CLASS ill RCP 334710 LF 1 9 $850.00 7,650.00 9999 5-FOOT CURB INLET 134920 EACH I 2 0 17 200.00 Sub-fatal Ifni!I- rn $524,800.0 A tcalc A- AI A2 A4 Sub-Total Alternative A ARcrnetc B- 81 B2 Sub-Total Alternative B "Total I Sub-Total Unit l 1 Sub-Total Alternative A S N/A "Total 2=Sub-Total Unit I +Snb--Total Alternative B:S N/A 'Ni,wi lha Cin Reserves the riphl to setcm 6iher'Io1e1 1 ur 1.1.1 1.11 Y111 1111(I!:'f lit lip .1 \t\1)Ail)Crl.`11rY.ill:ll,)V;I'I+:ItIIA Ilt1�1 I%:(lilAl:r41ti ",.1,2irl.lrt71 il(t II I:;ar.l 1'r,rv{V:Sri Alr..,r4 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application �d "i'd V lt-, 11111-�%e MI-1—vA OI-InI, Bid Summary Base[lid Tn[.I I-,BidL Afte—w flid Total Alternate —t)edwi,,AIt,,a.Irfiid------- Additive Alternate Bid Total Additive Aft—nte Total 11"I END OF SECTION 00 43 13 BID BOND Page 1 of 2 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, PM Construction&Rehab,LLC known as "Bidder"herein and Everest Reinsurance Company a corporate surety duly authorized to do business in the State of Texas,known as"Surety"herein, are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas,known as"City"herein, in the penal sum of five percent(5%)of Bidder's maximum bid price, in lawful money of the United States,to be paid in Fort Worth, Tarrant County,Texas for the payment of which sum well and truly to be made,we bind ourselves, our heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 7th Street at Burnett Storm Drain Rehabilitation NOW, THEREFORE, the condition of this obligation is such that if the City 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 City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 28th day of April 2022. PRINCIPAL: PM Construction&Rehab,LLC BY: i nature ATTEST: 'fhomOtS l/IU�S'�Q(�'1' Witness as to Principal Name and 'le I�,oF,�C�Muff, Ch;cf �e�au,ofFic�x� �ss�,.Secxctio�y CITY OF FORT WORTH 7th Stect at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised 9/30/2021 00 4100 Bid Proposal Workbook 00 43 13 BID BOND Page 2 of 2 Address: 131 N.Richey,Pasadena,TX 77506 SURETY: Everest Reinsurance Company BY: Si n ture Victoria P.Parkerson,Attomey-in-Fact Name and Title Address: 100 Everest Way,Warren,NJ 07059 4 A:D I s as to Suret Telephone Number: 908-604-3000 Attach Power of Attorney(Surety)for Attorney-in-Fact *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided.The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH 7th Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised 9/30/2021 00 41 00 Bid Proposal Workbook ,'YE R POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate, constitute,and appoint: Russell M. Canterbury,Jessica L.Piccirillo,Steven E.Susanin,Woodrow M.Baird, Diane Moraski, Victoria P.Parkerson,Adam Martin,Kathleen M.Flanagan,Richard A.Leveroni its true and lawful Attomey(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed, where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed UNLIMITED,reserving for itself the full power of substitution and revocation. Such bonds and undertakings,when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company("Board")on the 28th day of July 2016: RESOLVED, that the President any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make,execute, seal and deliver for and on behalf of the Company,any and all bonds, undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attomey qualifying the attorney named in the given power of attorney to execute,on behalf of the Company,bonds and undertakings in surety or co-surely with others,and that the Secretary or any Assistant Secretary of the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED,FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these presents to be signed by their duly authorized officers this 28th day of July 2016. ,.%%5uragC,,, Everest Reinsurance Company oaglF`, v j SEAL 61 1973 ) �...r._�. * Attest: Nicole Chase,Assistant Secretary By:Anthony Romano,Vice President On this 28th day of July 2016,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above instrument;that he knows the seal of said Company;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto;and that he executed said instrument by like order. LINDA ROBINS ^ Notary Public,State of New York } No 01 R06239736 Qualified in Queens County ✓ �� Term Expires April 25,2023 Linda Robins,Notary Public IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at the Liberty Corner,this 28th day of April 20 22 ES 00 01 04 16 TEXAS IMPORTANT NOTICE TEXSAS AVISO IMPORTANTE To obtain information or make a complaint: Para obener informacion o para someter una queja: You may call toll-free for information or to make a Usted puede Ilamar al numero de telefono gratis complaint at para informacion o para someter una queja al 1-866-287-1736 1-866-287-1736 You may also write to: Usted tambien puede escribir a: Everest National Insurance Company Everest National Insurance Company 477 Martinsville Road, PO Box 830 477 Martinsville Road, PO Box 830 Liberty Corner, NJ 07938-0830 Liberty Corner, NJ 07938-0830 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at 1-800-252-3439 de companies, coberturas, derechos o quejas al 1- 800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros de Consumer Protection (111-1A) Texas Consumer Protection (111-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 FAX: (512)490—1001 FAX#(512) 490-1007 Web: http://www.tdi.texas.gov Web: http://www/tdi.texas.gov E-mail:ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concerniente a su prima o a un premium or about a claim you should first contact reclamo, debe comunicarse con el agente o the agent or call 1-908-604-3000. If the dispute is primero. Si no se resolve la disputa, puede not resolved, you may contact the Texas entonces comunicarse con el departamento (TDI). Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not Este aviso es solo para proposito de informacion y become a part of condition of the attached no se convierte en parte o condicion del document document. adjunto. NP 70 68 0901 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 our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDERnn:c�►1.. pM CO�vuUCtlon 00 rk$w � By: Thomas Gottsegen dba aw Souk cwwaL (Signature) Title: Chief Legal Officer &Asst. Secretary Date: May 02, 2022 END OF SECTION CITY OF FORT WORTH 7th Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised 9/30/2021 00 41 00 Bid Proposal Workbook This page intentionally left blank. 7th Steet at Burnett Storm Drain Rehabilitation No. 103056 004511 -1 BIDDERS PREQUALIFICATIONS Page 1 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/taxpennit/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.dtib.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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 7`'`St at Burnett Storm Drain Rehabilitation Revised July 1,2011 COFWProjectNo.103056 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 film 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. Bidden 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 7`'`St at Burnett Storm Drain Rehabilitation Revised July 1,2011 COFWProjectNo.103056 004511 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 7`'`St at Burnett Storm Drain Rehabilitation Revised July 1,2011 COFWProjectNo.103056 This page intentionally left blank. 7th Steet at Burnett Storm Drain Rehabilitation No. 103056 0045 12- 1 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed. Major Work Prequalification Type Contractor/Subcontractor Company Name Expiration Date The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: PM Construction&Rehab,LLC dba IPR South Central By: Thomas Gottsegen Company (Please Print) 131 North Richey Street Signature: Address Pasadena,TX 77506 Title: Chief Legal Officer&Asst. Secretary City/State/Zip (Please Print) Date: May 02,2022 END OF SECTION CITY OF FORT WORTH 7th Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised September 30,2021 IPR Secretary's Certificate of PM Construction & Rehab, LLC dba IPR South Central (The "Company") The undersigned hereby certifies, on behalf of the Company, as follows: 1) He is the duly elected and qualified President and Chief Executive Officer: 2) The following individuals are the duly elected and qualified officers the company, (each an "Officer" and collectively the "Officers") elected by the Board of Directors of the Company of occupying the positions set forth next to their respective names below: Michael Fegan—President and Chief Executive Officer Robert Muff—Chief Financial Officer and Secretary Patrick Maginn—Chief Operating Officer and Vice President Thomas Gottsegen—Chief Legal Officer and Assistant Secretary James Michaud -Treasurer Ryan Mohr-Assistant Secretary Collis Parrish -Assistant Secretary 3) Each of the Officers is duly authorized, on behalf of the Company,to bid upon and enter into any competitive contract (each a "Bid" and collectively the "Bids") related to the Company's business, and is hereby authorized, on behalf of the Company,to execute and deliver any contacts, agreements or documents required in connection with any such Bid (such authority conferred on the Officers the Board of Directors of the Company effective Monday, March 21, 2022.) By: Michael Fegan, President and Chief Executive Officer Dated: March 21, 2022 Corporations Section = tj „ Rolando B. Pablos P.O.Box 13697 �5�`�, Secretary of State Austin,'Texas 7871 1-3697 Office of the Secretary of State CERTIFICATE OF FILING OF PM Construction & Rehab, LLC File Number: 9809011 Assumed Name: IPR South Central The undersigned, as Secretary of State of Texas, hereby certifies that the assumed name certificate for the above named entity has been received in this office and filed as provided by law on the date shown below. ACCORDINGLY the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law hereby issues this Certificate of Filing. Dated: 10/26/2018 Effective: 10/26/2018 Rolando B. Pablos Secretary of State Come visit us on the internet at http://wwiti.sos.state,tx.irs/ Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services Prepared by: Lisa Sartin TID: 10342 Document: 846058920003 Corporations Section ��E 0 John B. Scott P.O.Box 13697 �,�� Secretary of State Austin,Texas 78711-3697 ` Office of the Secretary of State CERTIFICATE OF Abandonment of Assumed Business Name PM Construction & Rehab, LLC 9809011 The undersigned, as Secretary of State of Texas, hereby certifies that the abandonment of the named document for the above named entity has been received in this office and has been found to conform to law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing the filing of the abandonment. Dated: 07/27/2022 Effective: 07/27/2022 C� f John B. Scott Secretary of State Come visit us on the internet at https://www.sos.texas.gov/ Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services Prepared by: Elizabeth"Annie"Denton TID: 10302 Document: 1165176170003 Filing#:9809011 Document#:1165176170003 Filed On 7/27/2022 received by Upload Form 504 This space reserved for office use. (Revised 05111) Return in duplicate to: -r a Secretary of State P.O. Box 13697 Austin,TX 78711-3697 Abandonment of Assumed 512 463-5555 Name Certificate FAX: 512 463-5709 Filing Fee: $10 Assumed Name 1. The assumed name to be abandoned is: IPR South Central,LLC 2. The assumed name certificate was filed with the secretary of state on: 09/06/2016 mndddl} Entity Information 3. The legal name of the entity abandoning the assumed name is: PM Construction&Rehab,LLC State the name of the entity as currently shown in the records of the secretary of state or on its organizational documents, if not f led with the secretary of state. 4. The file number, if any, issued to the entity by the secretary of state is: 0009809011 5. The office address of the entity in its jurisdiction of formation is: 300 MONTVUE RD KNOXVILLE,TN 37919-5546 USA (Complete item 6 only when the entity is required by law to maintain a registered agent/registered office in Texas. An entity required to complete item 6 does not complete item 7. See instructions.) 6a. The entity is required to maintain a registered office and agent in Texas. The address of its registered office in Texas is: 1999 BRYAN ST.,STE.900 DALLAS,TX 75201 6b. The name of the registered agent at such address is: C T CORPORATION SYSTEM 6c. The address of the principal office of the entity(if not the same as 6a) is: 1510 Klondike Road,Suite 400,Conyers,GA 30094 (Complete item 7 only if the entity is not required by law to maintain a registered agent/registered office in Texas. Complete item 7c only if the entity is not organized under the laws of Texas.See instructions.) 7a. The entity is not required by law to maintain a registered agent/registered office in Texas. Its principal office address in Texas is: 131 North Richey Street,Pasadena,TX 77506 Form 504 3 TXW-"/2011 C T System Online 7b. The address of the entity's principal place of business in Texas(if not the same as 7a)is: 7c. The entity is not organized under the laws of Texas. Its office address outside the state is: County or Counties in which Assumed Name Filed 8. The assumed name being abandoned was filed on the following dates in the following counties: Name of County Date of Filing Name of County Date of Filing Execution The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and also certifies that the person is authorized to sign on behalf of the identified entity. If the undersigned is acting in the capacity of an attorney in fact for the entity, the undersigned certifies that the entity has duly authorized the undersigned in writing to execute this document. Date: July 27,2022 Signature of a person authorized by law to sign on behalf of the identified entity(see instructions) Form 504 4 TXW-"/2011 C T system online CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. PM Construction &Rehab, LLC dba IPR South Central 2 ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. NONE Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. N/A A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No N/A B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F] Yes F7 No N/A 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. NONE 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). —7��7 May 02,2022 Signatu t of vei or doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 FORT WORTH. SECTION 00 45 13 REQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership General Partnership Name underwhich 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) Email/mail this questionnaire along with financial statements to the appropriate group below. A separate submittal is required for water/sewer, paving, and lighting: Work Category—Water Dept-Water/sewer Work Category—TPW Paving Work Category—TPW Ped/Rdwy Lighting 0ohn.kasavich(a,FortWorthTexas.cov Alicia.Garcia(afort wort htex as.cov clint.hoover(afort wort htexas.gov Fort Worth Water Department Engineering and City of Fort Worth Transportation and Public City of Fort Worth TPW Transportation Fiscal Services Division 200 Texas St.Fort Works Dept.8851 Camp Bowie West Blvd.Fort Management Attn:Clint Hoover,P.E. 5001 Worth,TX 76102 Worth,Texas 76116 Attn:Alicia Garcia James Ave.Fort Worth,TX 76115 *Financial Statements must be mailed. Mark the envelope: "Bidder Prequalification Application" 7th Steet at Burnett Storm Drain Rehabilitation No. 103056 0045 13-2 BIDDER PREQUALIFICATION APPLICATION Page 2of8 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. Select major work categories for which you would like to be prequalified (City may deem you are not qualified for selected category or may approve you at a lesser size/length and maximum size may not be listed specifically under a major work category): 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 Storm Drain Bypass Pumping, 18-inches and smaller Storm Drain Bypass Pumping, 18-inches—36-inches Storm Drain 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 CITY OF FORT WORTH 7tb Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised August 13,2021 0045 13-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED CCTV, 42-inches and smaller CCTV, 48-inches and smaller Storm Drain CIPP, 12-inches and smaller Storm Drain CIPP, 24-inches and smaller Storm Drain CIPP,42-inches and smaller Storm Drain CIPP, All Sizes Storm Drain Collection System, Development, 8-inches and smaller Storm Drain Collection System,Urban/Renewal, 8-inches and smaller Storm Drain Collection System, Development, 12-inches and smaller Storm Drain Collection System,Urban/Renewal, 12-inches and smaller Storm Drain Interceptors, Development, 24-inches and smaller Storm Drain Interceptors, Urban/Renewal, 24-inches and smaller Storm Drain Interceptors, Development,42-inches and smaller Storm Drain Interceptors, Urban/Renewal,42-inches and smaller Storm Drain Interceptors, Development,48-inches and smaller Storm Drain Interceptors, Urban/Renewal,48-inches and smaller Storm Drain Pipe Enlargement 12-inches and smaller Storm Drain Pipe Enlargement 24-inches and smaller Storm Drain Pipe Enlargement, All Sizes Storm Drain Cleaning , 24-inches and smaller Storm Drain Cleaning ,42-inches and smaller Storm Drain Cleaning , All Sizes Storm Drain Cleaning, 8-inches and smaller Storm Drain Cleaning, 12-inches and smaller Storm Drain Siphons 12-inches or less Storm Drain Siphons 24-inches or less Storm Drain Siphons 42-inches or less Storm Drain Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction(15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER$1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 15,000 square yards)* Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER)* Roadway and Pedestrian Lighting NOTE *There is not a prequalification requirement for installation of concrete sidewalk, curb&gutter, driveways, and panel replacement, only concrete paving CITY OF FORT WORTH 7th Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised August 13,2021 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 r___ i i i i *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 7th Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised August 13,2021 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City`? If so, when and to whom do you refer`? 10. State names and detailed addresses of all producers fromwhom 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 WIIAT 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 7th Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised August 13,2021 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 7th Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised August 13,2021 0045 13-7 BIDDER PREQUALIFICATION APPLICATION Page 7of8 14. Equipment $ 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. 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 CITY OF FORT WORTH 7tb Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised August 13,2021 0045 13-8 BIDDER PREQUALIFICATION APPLICATION Page 8of8 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 submttter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer,director, or stockholder or relative thereof. CITY OF FORT WORTH 7tb Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised August 13,2021 00 45 26-1 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. 103056. 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: PM C0hSJrr1XAbn b Reha.b,LLC By: 11nmas C o-tse.ien Company (Please Print) 131 00r441 RIClrlau Si • Signature: Address -pasaaenu . `\,L - i 5 b 6 Title: A55k.c cr e,4 a►21 City/State/Zip (Please Print) THE STATE OF TE*A.&Gedrg is § COUNTY OF TARRANT�pUAMr. § BEFORE ME, the undersigned authority, on this day personally appeared I =On C-10megen ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of SSI. J&AA for the purposes and consideration therein expressed and in ifie capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20_. JA-I- a—Owb—, Na ary Public 4ynd 4 the State of Trex^a�s `+,'`tl,,: "t'lstllyly�,♦`,,,'f V1Wr��Q END OF SECTION �r 4;� 1 + rt� ` �'Uf3L1C ► Q �yav s. p CITY OF FORT WORTH 7tb Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised July 1,2011 This page intentionally left blank. 7th Steet at Burnett Storm Drain Rehabilitation No. 103056 00 45 40-1 Business Equity Goal Page 1 of 3 SECTION 00 45 40 Business Equity Goal APPLICATION OF POLICY If the total dollar value of the contract is S 100,000 or more,then a Business Equity goal is applicable. A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises (M/WBEs). POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity Firms when applicable, in the procurement of all goods and services. All requirements and regulations stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 2020 (codified at: https://codelibrary.amlegaI.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to this bid. BUSINESS EQUITY PROJECT GOAL The City's Business Equity goal on this project is 13% of the total bid value of the contract (Base bid applies to Parks and Community Services). METHODS TO COMPLY WITH THE GOAL On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the ordinance through one of the following methods: 1. Commercially useful services performed by a Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination of Business Equity prime services and Business Equity subcontracting participation, 4. Business Equity Joint Venture/Mentor-Protege participation, S. Good Faith Effort documentation, or 6. Prime contractor Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or Department Designee. Documents are to be received no later than 2:00 p.m., on the third City business day after the bid opening date, exclusive of the bid opening date. CITY OF FORT WORTH 711 Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised October 27,2021 004540-2 Business Equity Goal Page 2 of 3 The Offeror must submit one or more of the following documents: 1. Utilization Form and Letter(s)of Intent, if the goal is met or exceeded; 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if participation is less than stated goal, or no Business Equity participation is accomplished; 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform all subcontracting/supplier opportunities; or 4. Joint Venture/Mentor-Prot6g6 Form, if goal is met or exceeded with a Joint Venture or Mentor- Prot6g6 participation. These forms can be found at: Business Equity Utilization Form and Letter of Intent https://apps.fortworthtexas.gov/ProlectResources/ResourcesP/60%20- %20MWBE/NEW%20Business%20Eauity%200rdinance/Business%20Eguity%20Utilization%20Form.pdf Letter of Intent https://apps.fortworthtexas.gov/ProlectResources/ResourcesP/60 - MWBE/NEW Business Equity Ordinance/Letter of Intent-2021.pdf Business Equity Good Faith Effort Form https://apps.fortworthtexas.gov/ProlectResources/ResourcesP/60%20- %20MWBE/NEW%20Business%20Eauity%200rdinance/Business%20Eguity%20Good%20Faith%20Effort %20Form.pdf Business Equity Prime Contractor Waiver Form https://apps.fortworthtexas.gov/ProlectResources/ResourcesP/60%20- %20MWBE/NEW%20Business%20Eguity%200rdinance/Business%20Eguity%20Prime%20Contractor%20 Waiver.pdf CITY OF FORT WORTH 711 Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised October 27,2021 004540-3 Business Equity Goal Page 3 of 3 Business Equity Joint Venture Form https://apps.fortworthtexas.gov/PromectResources/ResourcesP/60%20- %20MWBE/NEW%20Business%2OEauity%200rdinance/Business%20Eguity%20Joint%20Venture.pdf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON-RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON-RESPONSIVE,THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817)392-2674. END OF SECTION CITY OF FORT WORTH 711 Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised October 27,2021 This page intentionally left blank. 7th Steet at Burnett Storm Drain Rehabilitation No. 103056 005243-1 Agreement Page 1 of 9 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on June 28, 2022, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and PM Construction & Rehab, LLC, authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1.WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 7-'"Street at Burnett Storm Drain Rehabilitation City Project No. #103056 Article 3.CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, Five Hundred-Twenty-Four Thousand Eight Hundred and 00/100 Dollars ($524,800.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 120 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. CITY OF FORT WORTH 7th Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised 11/23/2021 005243-2 Agreement Page 2 of 9 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City One Thousand and 00/100 Dollars ($1,000.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5.CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form CITY OF FORT WORTH 7th Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised 11/23/2021 005243-3 Agreement Page 3 of 9 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense,the city,its officers,servants and employees,from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers,agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city.This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless,at its own expense,the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of,the work and services to be performed by the contractor, its officers, agents, employees, CITY OF FORT WORTH 7th Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised 11/23/2021 005243-4 Agreement Page 4 of 9 subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH 7th Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised 11/23/2021 005243-5 Agreement Page 5 of 9 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is$100,000 or more,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the City,with a company(with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. CITY OF FORT WORTH 7th Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised 11/23/2021 005243-6 Agreement Page 6 of 9 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code(as added by Acts 2021,87th Leg., R.S.,S.B. 19, § 1),the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services.CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR,CONTRACTOR'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third-Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third-party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or CITY OF FORT WORTH 7th Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised 11/23/2021 005243-7 Agreement Page 7 of 9 their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on-site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH 7th Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised 11/23/2021 005243-8 Agreement Page 8 of 9 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: PM Construction & Rehab, LLC City of Fort Worth By: By: I--Zlota,d- adze Thomas Gottsegen(01cA1,2022 12:4 T) William Johnson(Nov ,202211:29 CDT) Signature William Johnson Assistant City Manager Thomas Gottsegen (Printed Name) Nov 2, 2022 Asst. Secretary Date Title Attest: 1510 Klondike Road, Suite 400 Jat etY/SG odG(tte�3�009:58CDT) Address Jannette Goodall,City Secretary o��n Conyers, GA 30094 IC o�0�00000 00 0 City/State/Zip (Seal) 0�~o o0 0 0 �v0 0 000 000 00 �d Oct 13, 2022 M&c: 22-0525 d���nEXASoAp Date Date: 6/28/2022 Form 1295 No.: 2022-890788 OFFICIAL RECORD Contract Compliance Manager: CITY SECRETARY By signing, I acknowledge that I am the person responsible for the monitoring and FT. WORTH, TX administration of this contract, including ensuring all performance and reporting requirements. CITY OF FORT WORTH 7th Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised 11/23/2021 005243-9 Agreement Page 9 of 9 711i:�i S¢xsi¢tt Mike Bennett Project Manager Approved as to Form and Legality: pP4--— DBIack(Nov 2,202210:27 CDT) Douglas W. Black Sr.Assistant City Attorney APPROVAL RECOMMENDED: zlu� P Lauren Prieur,Interim Director Transportation & Public Works Department CITY OF FORT WORTH 7th Street at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS COFW Project No.103056 Revised 11/23/2021 This page intentionally left blank. 7th Steet at Burnett Storm Drain Rehabilitation No. 103056 Bond No.E800012754 0061 13-I PI.:RFORM\NCt:BOND Paee I of 2 i SECTION 00 61 13 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, PM Construction&Rehab LLC known as "Principal"herein and Pveils Ibisurai"ompany T a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas, known as"City"herein, in the penal sum of, Five Hundred Twenty Four Thousand Eight Hundred and 00/100 Dollars 4 ($ 524,800.00 ), lawful money of the United States,to he paid in Fort Worth, Tarrant County,Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the City awarded the 28th day of June,20 �which Contract is hereby referred to and made a part hereof for all purposes as if folly set forth herein,to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders. as provided for in said Contract designated as 7th Street at Burnett Storm Drain Rehabilitation; City Project No. 103056 NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work; including Change Orders,under the Contact,according to the plans, specifications,and contractdocunients therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City,then this obligation sliall be and become null and void,otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be tiled on this Bond, venue shall lie in Tarrant County,'Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 01 Y OF FOR] WORTH 71h Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUC HON SPt?CIFICATION DOCUMENTS ilo. 103056 Revised]nly 1.201 t 1 Bond No.ES00012754 0061 13-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended,and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the_12th day of October_,20 22 !.+ •t%0N R �. PRINCIPAL: � rii, .•'` 1LU1$/���.,��' PM Construction &Rehab, LX.£: 1 BY ATTEST: Si (Pr' cipal .4ecretary Name and Title hD lG t �,sJCC �;j""� Address: 131 N. Richey, asadena. X 7750 t itness as to -incipa SURETY: Q�RSUrA�cn SEAL ` y• s9r3 w BY l$n3tUCC Victoria P. Parkerson,Attorney-in-Fact Name and Title Address: 100 Everest Way, 4 Warr N1 wm9 Witness as to Surety Telephone Number: 908-604-3000 *Note. if signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FOR"('WORTH 7th Steet at Burnett Sturm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised July 1,2011 Bond No.ES00012754 00ft 14- I PAYMENT SOND Page I of 2 SECTION 00 61 14 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, _PM Construction &Rehab,LLC known as "Principal" herein, and Fverest Ref►surance Company a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum Of Five Hundred Twenty Four Thousand Eight Hundred and 00/100� Dollars lawful money of the tJnited States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sutra well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these t presents: WHEREAS, Principal has enterei into a certain written Contract with City, awarded the 2$h—day of June 20 22 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as 7"'Street at Burnett SlormDrain Rehahilitation, No.103056 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY OF FORT WORTI I 7th Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revised lily I,2011 Bond No.ES00012754 0061 14-2 PAYMENT BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 12ttt I day of—October__;., 2022 �411��11�Yk'1'q�ijrprN PRINCIPAL: p r Ks `� .� PM Construction &Rehab,LLC C. �+ y If 4997 ,{ ��: ATTEST: BY: Si ittaft re it �,!•�**� 4 sit at4t%0`�' (Principal .'10 "Mcn, ry Name and Title Wzn's S Flit.S ee • Address: 131 N.Richey Wi as to Pr cipa. SURETY: Everest Reinsurance Company Sar Lo rr, p d; SEAL ATTEST: BY: iw�b*^~'3 tGu "`.n 10"Signature Victoria P. Parkerson. Attorney-in-Fact QMMMMMWitness Name and Title Address: 100 Everest Wa _-Warren,NJ-0059 Witness as to Surety Telephone Number: 908-604-3000 Note: IC signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both mast be provided. Tlie date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION I CITY OF FORT WORTH 1th Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTIONSPECIFiCATION DOCUMENTS No. 103056 Revised July 1,2011 I Bond No.ES00012754 0061 19-1 MAIN FNAN E BOND Pauc I of 3 ( SECTION 00 61 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we EM instruction-&Rehab,LLC known as "Principal"herein and_Everest Reinsurance Comi2any a corporate surety (sureties, if more than one)duly authorized to do business in the State of Texas, known as "Surety"herein (whether one or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as"City" herein, In the sure of Five Hundred Twenty Four Thousand Eight liundred and 001100❑ol lars lawful money of the United States,to be paid in Fort Worth, Tarrant County,Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the City awarded the28th day of June, 20_22 ,which Contract is hereby referred to and a made part here heretofore all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order(collectively herein,the "Work')as provided for in said contract and designated as 61h and 71h Street (Bio-nell to Lexington) -Sloan Drain Pipe Rehabilitation,A'o. 103056;and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans,specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of t-wo(2)years after the date of Final Acceptance of the Work by the City("Maintenance Period"); and WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. CITY OF FORT WORTH STANDARD CONSTRUCTION SVECiricxrION DOCUMENTS 7tlr Steet at Burnett Storm Drain Rehabilitation Revised July 1,2011 No- 103056 Bond No.ESM012754 0061 19-2 i MAINTENANCE BOND Page 2 of 3 i NOW THEREFORE,the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City,to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if utny legal action be filed on this Bond,venue shall lie in Tarrant County,Texas or the United Statcs District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER,that this obligation shall be continuous in nature and i successive recoveries may be had hereon for successive breaches, i i 1 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 7tli Steet at Burnett Storm Drain Rehabilitation Revised July 1,2011 No. 103056 } Bond No.ES00012754 0061 19-3 MAINTENANCE.BOND Page 3 of 3 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the_I2th __day of October 202 , i��wwwwnfrffff ENO' oovlblv�`'�r r PRINCIPAL; ���,tP�•�• Q�I••.,•�,p rr; PM Construction &Rehab,LL�lt ter'?:4 --0-SEAL BY: '• 1997 n M :S pna ure ., •''44OyN�SSrc2'• ATTEST: *.• `,``�� (Princ' tt), c to Name and Title Address: 131 N. Richey _Pa�d�Ila,SX_Z2546 Wi Hess as to Pril i ipa! SURETY: Everest Reinsurance ComPan uraneo 'i�;ntittirc • . Victoria P. Parkerson, Attorney-in-Fact ATTEST, Name and Title Address: 100 Everest Way, r t MdM)W Witness _Wauen,,_1j__07059 i Witness as to Surety Telephone Number: 908-604-3000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CONSTRtfCTION S111-CIFICATION DOCUMENTS 7th Stect at Bumelt Storm Drain Rehabilitation Revised July 1,2011 No. 103056 low ZVE R E.SV POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company') having its principal office located at 477 Martinsville Road, Liberty Comer, New Jersey 07938, do hereby nominate, constitute,and appoint: Russell M.Canterbury,Jessica L. Piccirillo, Steven E.Susanin, Woodrow M.Baird, Diane Moraski, Victoria P.Parkerson,Adam Martin,Kathleen M.Flanagan,Richard A.Leveroni i its true and lawful Attomey(s)-in-fact to make,execute, attest,seal and deliver for and on its behalf, as surety, and as its act and deed, i where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed UNLIMITED,reserving for itself the full power of substitution and revocation. Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal, This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company("Board")on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make,execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President and any Senior Vice President and Anthony 1 Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on behalf of the Company,bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED,FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seat of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF,Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these presents to be signed by their duly authorized officers this 28th day of July 2016, �0SurajjC, Everest Reinsurance Company Q-: paiy . t' SEAL � 7 Q11973 Attest: Nicole Chase,Assistant Secretary By:Anthony Romano,Vice President On this 28th day of July 2016,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above instrument;that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto;and that he executed said instrument by like order. LINDA ROBINS Notary Public,State of New York f No01R06239736 ( Qualified in Queens County Term Expires April 25,2023 Linda Robins,Notary Public t s IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company,at the Liberty Corner,this day of 20 22 ES 00 0104 16 .,,A V E'R TEXAS IMPORTANT NOTICE TEXSAS AVISO IMPORTANTE To obtain information or make a complaint: Para obener informacion o para someter una queja: You may call toll-free for information or to make a Usted puede Ilamar al numero de telefono gratis complaint at para informacion o para someter una queja al 1-866-287-1736 1-866-287-1736 You may also write to: Usted tambien puede escribir a: Everest National Insurance Company Everest National Insurance Company 477 Martinsville Road, PO Box 830 477 Martinsville Road, PO Box 830 Liberty Corner, N1 07938-0830 Liberty Corner, N1 07938-0830 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at 1-800-252-3439 de companies, coberturas, derechos o quejas al 1- 800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros de Consumer Protection (111-1A) Texas Consumer Protection(111-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 FAX: (512)490—1001 FAX#(512)490-1007 Web: :http://www.tdi.tex8s.gov Web: http://www/tdi.texas.gov E-mail:ConsumerProtection@tdi.texas.gov E-mail: Consume rProtectionPtdi.texas,gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concerniente a su prima o a un premium or about a claim you should first contact reclamo, debe comunicarse con el agente o the agent or call 1-908-604-3000. If the dispute is primero. Si no se resolve la disputa, puede not resolved, you may contact the Texas entonces comunicarse con el departamento (TDI). Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not Este aviso es solo para proposito de information y become a part of condition of the attached no se convierte en parte o condition del document document. adjunto. NP 70 68 0901 s i E 6 € This page intentionally left blank. 7th Steet at Burnett Storm Drain Rebabilitation No. 103056 This page intentionally left blank. 7th Steet at Burnett Storm Drain Rebabilitation No. 103056 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH 7tb Steet at Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS No. 103056 Revision:Matfi 9,2020 � �� 7�� ���^ "^�^�~ "�^"� ~'��'�"��^' `"� ��~�^����"������� ^�" ����� ������ CONTRACT ~�~^�~`�^^�`�~�^^~^�~ �����" ^^~� ���^ TABLE OF CONTENTS Page Article l —Definitions and Teun ology ..........................................................................................................l |.O| Dofmcd Terms...............................................................................................................................| 1.02 Terminology ------------------------.-----------'-------h Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Document -------------------'--------------'----.7 2.02 Commencement oT Contract Time; Notice io Proceed................................................................7 2.03 Starting the Work..........................................................................................................................0 2.04 Before Starting Construction ........................................................................................................8 2.05 Pvoconotoucik`n Conference..........................................................................................................8 2.06 Public Meeting ..............................................................................................................................8 2.07 lnbkd Acceptance of Schedules....................................................................................................8 Article 3 —Contract lJocunxrni : [nionL Amending, Reuse............................................................................8 I01Intent..............................................................................................................................................0 3.02 Reference Standards......................................................................................................................9 I03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents------------------.---. |0 3.05 Reuse of Documents ----'-----.-----.----..--------------'---'|0 lOhElectronic Data............................................................................................................................\| Article 4—Av of�um�' ��mo�o�������a1Com���' Bu�r�ms Environmental --_-_- , -,- , Conditions; T�of�r�nc�Po��o || , .��.��.''�..�'..�'...'�..�'..�..�..'�..�'..�..�..'�..�'..�..�..'�..�'.....�..'�..�.�'...�..' 4.01 Availability n[Lands ..................................................................................................................|| 4.02 Subsurface and Physical Conditions --------------------------.---'|2 4.03 Differing Subsurface mo Physical Conditions ------------'---------'---.|2 4.04 Underground Fuoklea -------------------------------------|3 4.05 Reference Points .........................................................................................................................|4 4.06 Hazardous Environmental� Condition ot Site.............................................................................. |4 Article 5—Bonds and Insurance .....................................................................................................................|h 5.01 Licensed Sureties and Insurers ---------------------------------l6 5.02 Performance,Payment,and Maintenance Bonds....................................................................... l6 5.03 Certificates of Insurance.............................................................................................................|6 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance;Option to Replace-------------------' |9 Artjo|eb—Conbucior'uResponsibilities ----------------------------------..|9 60l andSuperintendence ----'------'----'----------l9 cnYoy FORT WORTH 7th Steet*Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION umcw/cx�mw oocumsm�u� No. 103056 602 Luhuc Working Hoora--'-----'-----------------'----'---20 6,03 Services,Materials, and Equipment ...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and ` ----------------------------------2| 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6`08 Patent Fees and Royalties ...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 k|O Laws and Regulations -------'------'--'—'-------'---'—'—.27 kUTaxes...........................................................................................................................................20 612 Use of Site and Other Areas.......................................................................................................2N 6.13 Record Documents......................................................................................................................29 614 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................S0 6.16 Hazard Communication Programs .............................................................................................3O 6.17 Emergenciesand/or Rectification...............................................................................................3O 6i18Submittals....................................................................................................................................3| t.|A Continuing the Work.-----'----'----'--------'------'--.32 6.20 Contractor's Gxx:ro|Warranty and Guarantee..........................................................................32 6`21 Indemnification .........................................................................................................................33 622 Delegation of Professional Design Services ..............................................................................34 6.23 Right io Audit..............................................................................................................................34 6,24 -------------------''—''-------------.35 Article7—Other Work oIthe Site...................................................................................................................S5 TU| Related Work ot Site ...................................................................................................................35 7.02 Coordbnoik/n.------------------------------------------.36 Article 8—Citn'o Responsibilities-------------------------'---------3b 8.01 Communications io Contractor...................................................................................................3h 0.02 Furnish Data................................................................................................................................36 0.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 0.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests,and Approvals --------'----'—'--'-------'—'36 8.07 Lbnbotiuno onChy'uResponsibilities -----------------------------S7 0.00 Undisclosed Hazardous Environmental Condition ....................................................................37 8.09 Compliance with Safety Program--------'--'—'-------'—''-----37 Article g—Cih/mObservation Status During Construction ...........................................................................37 5\01 (3k/uProject Manager.....----'—''—'--'----'—'--'-------'—'37 9.02 Visits io Site ................................................................................................................................37 9.03 Authorized Variations bn Work..................................................................................................30 9.04 Rejecting Defective Work..........................................................................................................30 9.05 lJoieonko4iono for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 nzYoy FORT WORTH 7th Steet*Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION o�cw/cx�mw oocumuw�u� No. 103056 Article 10 - �bc ��\�nr� Claims; Extra 30 -_-'�.- _-' -__-, --------------------------. 10.01 Authorized Changes 'in the Work...............................................................................................30 10i02 Unauthorized Changes 'in the Work ...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................30 10.05 NniKlcoii7n io Surety..................................................................................................................39 10\06 CnnUzuntCbzbzS Process.............................................................................................................40 Article U -CoutoftheWock; Allowances; Unit Price Work; Plans Quantity Measurement......................4| 11.01 Cost of the Work.........................................................................................................................4l 11.02 Allowances..................................................................................................................................4S 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement-------'----'----'----'--------'45 Article 12 - nf(�onbuutPdu�' nfCon1zuutTbn� 46 ---'`=- , ----=- ---------------------' 12.01 Change ofCnniznutPdce............................................................................................................4h 12.02 Change of Contract Time............................................................................................................47 12.03 Delays-------'----'----'----'----'----'----'-----.47 Article l3 -Tests and{nnn�ct�o�o' Coo� � ��ox`�o}o«���c�ntanc�uf[��f��t��\�or� 48 Inspections; ----, . -------� 13.01 Notice nf Defects ........................................................................................................................40 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections ---'---------------.----------------'48 13.04 Uncovering Work........................................................................................................................49 1I05City May Stop the Work.............................................................................................................49 13.06 Correction nr Removal o[Defective Work................................................................................50 1I07Correction Period........................................................................................................................5O 1I08 Acceptance of Defective Work...................................................................................................5| 13.09 City May Correct Defective Work.............................................................................................5l Article |4 -Payments to Contractor and Completion ----------------------------52 14.01 Schedule n[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 P ---'--'-'--'-'--'-'----'----'---'-----.56 14.08 Fboz Delayed and Puctbz � Release........................................................56 14.09 Waiver ofClaims ----------------------------------------57 Article 15 -Suspension of Work and Tcnnhnotion -----------------------------.57 15.01 City May Suspend Work.--------------------'-----'-----'57 15.02 City May Tenn��ate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................6O Article 16 -Dispute Resolution ---------------------------------------.6l 16.01 Methods and Procedures.............................................................................................................h| nzYoy FORT WORTH 7th Steet*Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION umcw/cx�mw oocumsm�a� No. 103056 Article |7 —Miscellaneous ..............................................................................................................................62 |TO| Giving Notice..............................................................................................................................62 17.02 Computation ofTknoa ................................................................................................................62 |T03 Cumulative Remedies.................................................................................................................62 |T04 Survival of ------------------------------------'63 17.05 Headings------'----'----'----'----'----'----'-----h3 Signature: Email: tpvA�_sw_contracts@fortworthtexas.Qov cnYm FORT WORTH 7&Steet*Burnett Storm Drain Rehabilitation STANDARD CONSTRUCTION umcw/cx�mw oocumsmza^ No. 103056 103056 7th St 2nd Routing Final Audit Report 2022-10-26 Created: 2022-10-20 By: SADIE ISHMAEL(Sadie.Ish mael@fortworthtexas.gov) Status: Canceled/Declined Transaction ID: CBJCHBCAABAAiOMtzT4PUAYRMI2_UWx2geB2bobM84WU "103056 7th St 2nd Routing" History Document created by Sadie.Ishmael@fortworthtexas.gov 2022-10-20-11:26:25 PM GMT-IP address:204.10.90.100 Signer Sadie.Ishmael@fortworthtexas.gov entered name at signing as SADIE ISHMAEL 2022-10-20-11:43:32 PM GMT-IP address:204.10.90.100 Document approved by SADIE ISHMAEL (Sadie.Ishmael@fortworthtexas.gov) Approval Date:2022-10-20-11:43:34 PM GMT-Time Source:server-IP address: 204.10.90.100 Document emailed to Mike.Bennett@fortworthtexas.gov for signature 2022-10-20-11:43:41 PM GMT Email viewed by Mike.Bennett@fortworthtexas.gov 2022-10-20-11:44:13 PM GMT-IP address: 107.77.199.197 L�6 Signer Mike.Bennett@fortworthtexas.gov entered name at signing as mike bennett 2022-10-21 -4:04:59 PM GMT-IP address: 204.10.90.100 Document e-signed by mike bennett (Mike.Bennett@fortworthtexas.gov) Signature Date:2022-10-21 -4:05:01 PM GMT-Time Source:server-IP address:204.10.90.100 Document emailed to Sara Grogan (sgrogan@teamipr.com)for signature 2022-10-21 -4:05:09 PM GMT Email viewed by Sara Grogan (sgrogan@teamipr.com) 2022-10-21 -4:46:31 PM GMT-IP address:50.237.72.98 Signer Sara Grogan (sgrogan@teamipr.com) entered name at signing as Thomas Gottsegen 2022-10-21 -4:48:11 PM GMT-IP address:50.237.72.98 Document e-signed by Thomas Gottsegen (sgrogan@teamipr.com) Signature Date:2022-10-21 -4:48:13 PM GMT-Time Source:server-IP address:50.237.72.98 FORT W❑RTH, PDwer2d by Adobe Acrobat Sign Document emailed to Sophia.Gatewood@fortworthtexas.gov for approval 2022-10-21 -4:48:20 PM GMT Email viewed by Sophia.Gatewood@fortworthtexas.gov 2022-10-24-4:10:06 PM GMT-IP address:68.206.92.31 Signer Sophia.Gatewood@fortworthtexas.gov entered name at signing as Sophia Gatewood 2022-10-24-4:11:48 PM GMT-IP address:68.206.92.31 Document approved by Sophia Gatewood (Sophia.Gatewood@fortworthtexas.gov) Approval Date:2022-10-24-4:11:50 PM GMT-Time Source:server-IP address:68.206.92.31 Document emailed to Martin.Phillips@fortworthtexas.gov for approval 2022-10-24-4:11:57 PM GMT Email viewed by Martin.Phillips@fortworthtexas.gov 2022-10-24-5:24:37 PM GMT-IP address: 166.137.115.15 6)' Signer Martin.Phillips@fortworthtexas.gov entered name at signing as Martin A. Phillips 2022-10-24-5:26:40 PM GMT-IP address: 166.137.115.15 Document approved by Martin A. Phillips (Martin.Phil lips@fortworthtexas.gov) Approval Date:2022-10-24-5:26:42 PM GMT-Time Source:server-IP address: 166.137.115.15 Document emailed to Lauren.Prieur@fortworthtexas.gov for signature 2022-10-24-5:26:49 PM GMT Email viewed by Lauren.Prieur@fortworthtexas.gov 2022-10-24-7:29:05 PM GMT-IP address: 108.209.194.42 v, Signer Lauren.Prieur@fortworthtexas.gov entered name at signing as Lauren Prieur 2022-10-24-7:29:36 PM GMT-IP address: 108.209.194.42 Document e-signed by Lauren Prieur(Lauren.Prieur@fortworthtexas.gov) Signature Date:2022-10-24-7:29:38 PM GMT-Time Source:server-IP address: 108.209.194.42 Document emailed to doug.black@fortworthtexas.gov for signature 2022-10-24-7:29:45 PM GMT Email viewed by doug.black@fortworthtexas.gov 2022-10-26-6:40:48 PM GMT-IP address: 204.10.90.100 Document declined by doug.black@fortworthtexas.gov Decline reason:Worker's Comp Form is blank. It needs to be completed and notarized. 2022-10-26-6:46:11 PM GMT-IP address:204.10.90.100 FORT W❑RTH, PDwer2d by Adobe Acrobat Sign