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Home My WebLink AboutContract 60996FORT WORTHk) CONTRACT FOR THE CONSTRUCTION OF VIOLA STORM DRAIN City Project No. 103264 Mattie Parker Mayor CSC No. 60996 David Cooke City Manager Lauren Prieur, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2023 TRANSYSTEMS 500 W. Th Street, Suite 1100 Fort Worth, TX 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX OF Tt�\ % * i / it 2....... ...... Lire/ �... �H088S MICHAEL R. 4� 108644 /�, FORT WORTH,., "I, City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 7 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 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 11 Bidders Prequalifications 08/13/2011 0045 12 Prequalification Statement 09/30/2021 0045 13 Prequalification 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 10/06/2023 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 007200 General Conditions 08/23/2021 007300 Supplementary Conditions 10/06/2023 Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting - Modified 11/20/2023 01 31 20 Project Meetings - Modified 11/20/2023 0132 16 Construction Schedule - Modified 11/20/2023 01 32 33 Preconstruction Video - Modified 11/20/2023 013300 Submittals - Modified 11/20/2023 0135 13 Special Project Procedures - Modified 11/20/2023 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan - Modified 11/20/2023 0158 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 017000 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey - Modified 11/20/2023 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements - Modified 03/22/2021 01 78 23 Operation and Maintenance Data 11/20/2023 01 78 39 Project Record Documents - Modified 11/20/2023 CITY OF FORT WORTH FWCC — Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103264 Revised October 6, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 7 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Date Division 01 - General Requirements Modified 01 31 19 Preconstruction Meeting- Modified 11/20/2023 01 31 20 Project Meetings- Modified 11/20/2023 0132 16 Construction Schedule- Modified 11/20/2023 01 32 33 Preconstruction Video- Modified 11/20/2023 013300 Submittals- Modified 11/20/2023 0135 13 Special Project Procedures- Modified 11/20/2023 0157 13 Storm Water Pollution Prevention Plan- Modified 11/20/2023 01 71 23 Construction Staking and Survey- Modified 11/20/2023 01 77 19 Closeout Requirements — Modified 11/20/2023 01 78 39 Project Record Documents- Modified 11/20/2023 Division 02 - Existing Conditions 0241 14 1 Utility Removal/Abandonment - Modified 11/20/2023 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete - Modified 11/20/2023 0334 13 Controlled Low Strength Material (CLSM) - Modified 11/20/2023 03 34 16 Concrete Base Material for Trench Repair - Modified 11/20/2023 Division 33 - Utilities 33 04 44 Settlement Monitoring - Added 11/20/2023 3305 10 Utility Trench Excavation, Embedment, and Backfill - Modified 11/20/2023 33 05 21 Tunnel Liner Plate - Modified 11/20/2023 33 05 22 Steel Casing Pipe - Modified 11/20/2023 33 05 23 Hand Tunneling - Modified 11/20/2023 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate - 11/20/2023 Modified 33 05 27 Open Shield Pipejacking - Added 11/20/2023 33 05 42 Water Control For Tunnel Construction - Added 11/20/2023 33 05 45 Contact Grouting - Added 11/20/2023 33 44 19 Utility Storm Water Treatment - Added 11/20/2023 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htty: Hfortworthtexas.gov/tDw/contractors/ or httDs://aDDs.fortworthtexas.eov/ProiectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 0241 15 Paving Removal 02/02/2016 CITY OF FORT WORTH FWCC — Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103264 Revised October 6, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 7 Division 03 - Concrete 0 Cast i Ulaee C rev-ete n� nb / 2 Q_ 2 03o�o veto B,vi "/ate -iafor-h Rurair 12/�Q 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Di-i4sin 26 Eleetr-ieal -2H-AS-89 Eo m�tr� . W 7ti�no Do,v. al;*: A,. f r PE Pe, ,.*.-:,... 1 S Y 8 t e f R S 17/7 z 26 05--43• TTndef..r..,,n Duets .,a.1 Raee.. ays f Eleetfieal Systems 07/0T 260550 E31T1m.lirila :: ,•,•"0s�26,9016 Division 31 - Earthwork 31 00 00 Site Clearing 03/22/2021 3123 16 � 1�1Beffew Unclassified Excavation 01/28/2013 312400 Embankments 01Q8,9013 01/28/2013 312500 31�P Erosion and Sediment Control Gabions 04/29/2021 1 /zz2019 i2 ,/ 'l'lrz�2019W2 3l�n0 Division 32 Riprap - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 12/20/2012 3201 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 37�3 Concrete Paving Repair Flexible Base !''o ryes 12/20/2012 12/7zz20,90iz 27�9 32i1-33 '27�T Li4-v.o Tree to.1 B..so C-2, el,r GZ161 Rt Tr-Atk-' ] aw;p' !''..,,rso.. Tr-eme.1 17/'1Q04242 ntiv/irnTvrzviz 32 12 16 Liquid Soil Stabilizer Asphalt Paving 08/'fvar 'QW5 12/20/2012 27 1 7 ^73 Asphalt It nay4f.,. r S nt i2Q0' 04_ 32 13 13 Concrete Paving 06/10/2022 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2022 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 i4 16 �1 T�Yrn *.� 12A20,9012 32 16 13 Concrete Curb and Gutters and Valley Gutters 12/09/2022 32 1723 Pavement Markings 06/10/2022 Z7�5 r„�3 -6\-minting 1 11 /non Z7�3 r r d r es .��Lln �o" 12/20,90 2 rcrtvravzz 323129 Weed ru' a a -'A Gmes 171 f"fez 3232 13 GaRt in Ge veto Retaining Walls W05,9019 3291 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 3292 13 Sodding 05/13/2021 3292 14 Non -Native Seeding 05/13/2021 3292 �15 3293 43 iTcscraz-vrcrs and WildiqaweFi�ccccrrrg d & -ubz 10r06,9023 CITY OF FORT WORTH FWCC — Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103264 Revised October 6, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 7 Division 33 22�Q - Utilities Test;. .. nn/n 3301 31r � Sewer- and Manhole nhole Closed Gife,,;t Teleyisio,-, (CCT371 inspo �tir� . �arr�t�lF,e>= $ 03/i�i 3301 32 Closed Circuit Television (CCTV) Inspection — Storm Drain 03/11/2022 33 03 10 BypftS" --W Sewer- syste 12/�1 33�0 22�11 � z�= 2 2�00 �a�rt ��il�,. �,.. ,1 Eleetfie.,l 1seletia Ceffes;ei ce t al Test Stafiens Magnesiumilia e C dh-e ie System Te,.,,,.,,,.afy S efy e 1'l/ 042012- 12/2z 12 /�12 n� /no 'gin 22�00 33�0 22�0 Water- Cleaning ann eeepte,.ee Testing of Water- Mains ins Cleaning ofPipes03/1�z Utility T-r—e 1'i FkI4w-•,tio , T7ml.o.-lment andB Lf 11 g, nm/n 3- 0402,9021 3305 12 Wmecr T/la g 1 71 /7 z 3305 13 Frame, Cover and Grade Rings 09/09/2022 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade C 1- v 33 05 17 ne.eteWa4e-Vaults Concrete Collars 03/11/2022 330520 22�T 32�i agar 15�ring T,,,-.ael Liner- e,-Dl.,te Steel C;asi Ri a 12/�12- 12'fz/ z20420iz 12/2z 22�3 22�T g i7.,,.,] T,,,...elifig hist.,lletio of C..ff Cr in Casing or- Tunnel I ,- Dl.,to QQ042042 12/0z 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 3 Z� 2 2�0 32�i 4"tf, NIA0, W&4 GARIC04s rl„ et; l e T,-e Pipe P,,,.t;le TV-A4; > ;t ifig, 11 / Q/09190z 09/2042017 33 11 1.1 23 11 13 Z 11 11 �., Pel5p 1 P 1, fide r., innI) n.e. ufe Pipe Eene-ete-124Fessofe Pipe, rBaf Wrapped, Stool C.,1;,-..le,- Type pliy;e,l Stool pipe ,,,..,a P ttifw nn/n�2 1'f/'fzzQ0'L2viz 12/�1 I33 12 1n �Q 3 ZIT 32�0 '22�T �x/.,te-Se,..,; „-�oo� 1 ii3�h t13 T a fge Water- Mete -s Resilient SeMe,l !'fete V.,1.,e AWWA Rubber- Seated Butter -fly [7 02/14n� I 1�/ z ne/n 5 nn/�9 22�0 3 2�00 33 1250 Z2�0 Ceml iii tia A;.. Valve Assemblies f ,. Potable \a7.,tef Systems Fire WaUr E, (dx'r). C S%tigfls Standafd Blow ,.ffValve Assembly 12/'fez n 0 14 1 I /�1-2 06/1 3 3�31 12 Cored wn Nwe 2) 12Q042012 33 31 13 23 31 15 22�0 Fiberglass Reinfor-eed Pipe for- Gravity Sanitary S gigin, D" iimit`,, 2 lyet1.. k%e (-'�1,DDE) Liza f r S rite y Sewer Pelyviayl Chlefi e (PNIG) G..ayi, , Sati to fy Sewef Pipe 12,420,42012 nn /�9 no/n z .33 31 Pipe "44-2- 42 41 77 �rza 33 31 23 San tar-=y Se., T ��: �� iliil.g San tatty Sewer- Pipe L',-.1afgemea 1'l/7n/7n1'l zzravravzz 12/7 z 22�n0 22�0 Sa* taff Sewer- Sef-4ee Cerreet;emss and Sei=,;ee r ; Ce,...l n tia n if: Valve for Eamitar-; Sew- >ce e�.. nn/�1 12/�n0Q I CITY OF FORT WORTH FWCC - Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103264 Revised October 6, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 7 �Q �z 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High DZ!✓1ty, 1 1.,0d.., ene 4IIM, ) P*,tarm Dr in 12/20,L20Q 33-rr12 DrainE) Pipe �� 064042022 33 n6 n1 Sle ffe,1 C n�/n1 /2n1 1 �-�v-vr aivccccrvtir'�'°�l. ,Tii'1s�41G mTvr�zozT 32�-46 02 -T+2F2I,1,1 Dmrnz n7/n 1 10 0 1T 33 49 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 03/11/2022 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation RE)a&' �z 34 412001 i4e-;.,1 r ED U.,.,dw ,, r nc/1 c/�n1 c .-r �.1a1:i11�nY3S vvrrarsvz� 1 41 20 W oo,,, ,, LED Read,,, ,. Ja KPlC.3S nc/lvvrraz014 34 4120.03 r �03 � :�nb . r �T.JD 'Roadway �aml�vrv� �n6/1c/2n1c� 34 4130 1 1 �z'i�'i'�Cl"'4L1'fi �I.gii$ /1242013 �� 34�-41 50 g pk 1`4,,de Fiber- Optie Gable m/'fro 3471 13 Traffic Control 03/22/2021 USACE Specifications Date Division 02 - Existing Conditions Modified 02 4100 1 Demolition and Deconstruction 11/20/2023 Division 03 - Concrete 03 30 30 1 Cast -In -Place Concrete 11/20/2023 Division 07 — Thermal and Moisture Protection 07 92 00 1 Joint Sealants 11/20/2023 Division 31 - Earthwork 31 00 00 Earthwork 11/20/2023 31 23 00.20 Excavation and Fill 11/20/2023 31 32 39 Bioengineering Practices for Stream Bank and Shoreline 11/20/2023 Stabilization 31 52 00 Temporary Cofferdam 11/20/2023 3173 19 Tunnel and Shaft Grouting 11/20/2023 CITY OF FORT WORTH FWCC — Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103264 Revised October 6, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 7 Division 32 - Exterior Improvements 32 12 16.16 Road -Mix Asphalt Paving 32 15 00 Aggregate Surfacing Division 33 - Utilities 33 05 23 Trenchless Utility Installation 33 40 00 Stormwater Utilities Division 35 — Waterway and Marine Construction 35 20 16.53 Hydraulic Vertical Lift Gates 35 31 19.20 Articulating Concrete Block Revetments 11/20/2023 11/20/2023 11/20/2023 11/20/2023 11/20/2023 11/20/2023 Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-16.01C.1 Methods and Procedures GR-01 60 00 Product Requirements SWFP 1150-2-1 Criteria for Design and Construction within the Limits of Existing Federal Projects END OF SECTION CITY OF FORT WORTH FWCC — Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103264 Revised October 6, 2023 1 /24/24, 9:32 AM M&C Review Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT H Create New From This M&C DATE: 1/23/2024 REFERENCE M&C 24-0081 LOG NAME: 20SWM FWCC VIOLA STORM NO.: DRAIN CONSTRUCTION2 CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: (CD 9) Authorize Execution of a Contract with Fort Worth Civil Constructors LLC, in the Amount of $5,996,729.00 for Construction of the Fort Worth Central City Viola Storm Drain Project, Adopt Appropriation Ordinance to Shift Funding to the Project until Reimbursement from the Tax Increment Reinvestment Zone becomes Available, and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with Fort Worth Civil Constructors LLC, in the amount of $5,996,729.00, for construction of the Fort Worth Central City Viola Storm Drain project (City Project No. 103264); 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Drainage Rev Bonds Series 2023 Fund by increasing estimated receipts and appropriations in the FWCC Viola Storm Drain project (City Project No. 103264) in the amount of $5,658,654.00 and decreasing estimated receipts and appropriations in the SW Hazardous Rd Overtopping programmable project (City Project No. P00120) by the same amount to provide funding for Viola project until reimbursement from the Tax Increment Reinvestment Zone becomes available; and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: Approval of this Mayor and Council Communication (M&C) will authorize a contract for construction services related to the Fort Worth Central City (FWCC) Viola Storm Drain project and make supporting appropriation adjustments. The Transportation and Public Works (TPW) Department Stormwater Program is advancing the funding for the FWCC Viola Storm Drain project and is expected to be reimbursed directly from future revenues from Tax Increment Finance (TIF) District 9. This project will involve the installation of a new storm drain line and replacement of 5 inlets as indicated at the locations below, in preparation for the South Bypass Channel planned by the United States Army Corps of Engineers (USACE). The project will begin at the intersection of Kansas Street and Commercial Street and outfall into existing Trinity River, approximately'/4 mile southeast of this intersection. The below table outlines the project limits and the scope of work. Location From To Scope of work Kansas St Commercial St / 110 ft E Storm Drain and Kansas St Intersection replacement of 3 inlets Kansas St Kansas St/ Viola St 40 ft NE Storm Drain Line and replacement of 2 inlets Kansas St Kansas St / Viola St 170 ft SE Storm Drain Line into outfall The project was advertised for bids on November 22nd and November 30th, 2023 in the Fort Worth Star -Telegram. On December 14th, 2023, the following bids were received. apps.cfwnet.org/council_packet/mc_review.asp?ID=31789&councildate=1/23/2024 1/4 1/24/24, 9:32AM M&C Review Bidder Base Bid Alternate Bid Fort Worth Civil Constructors $6,996,854.00 $5,996,729.00 LLC Circle C Construction $6,947,470.00 $6,553,720.00 Western Municipal $6,496,357.70 $6,620,694.15 Construction of TX LLC Funding for the FWCC Viola Storm Drain project is depicted below: Fund Existing Additional Project Total Appropriations Appropriations 52002 — Stormwater $170,663.00 $0.00 $170,663.00 Capital Projects 52007 - Stormwater $347,945.00 $0.00 $347,945.00 Rev Bonds 2020 52008 - Drainage Rev Bonds Series 2023 $1,000,000.00 $5,658,654.00 $6,658,654.00 Total $1,518,608.00 $5,658,654.00 $7,177,262.00 Funding for this project was included in the Fiscal Years (FY) 2024-2026 Capital Improvement Program in the amount of $1,518,608.00. Additional funding in the amount of $5,658,654.00 is needed for construction. The action of this M&C will amend the FY 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. Capital Fund Project Name Name Fund 52008 — 103264 — Stormwater FWCC Viola Capital Storm Drain Projects Total FY2024 CIP Appropriations Authority $1,000,000.00 This M&C $1,000,000.00 Budget Change (Increase/ Revised FY2024 Decrease) Budget $5,658,654.00 $6,658,654.000 $5,658,654.00 $6,658,654.00 The $5,996,729.00 amount of this contract, the $60,000.00 material testing fee (to be performed by a geotechnical testing firm), and the $120,000.00 inspection fee (to be performed by an inspection firm) are considered FWCC-related work, which are eligible for funding from Tax Increment Reinvestment Zone No. 9 (Trinity River Vision TIF) pursuant to the Trinity River Vision Authority (TRVA) Project Plan. An additional $298,488.00 in construction contingencies have been added into the project, which may be used if additional proceeds are needed for FWCC-related work. If utilized for a reimbursement - eligible expense, the contingency costs would also be reimbursable. Having exhausted the share of the local program budget allocated to Stormwater infrastructure relocation, costs for this contract will not be included in the annual reimbursement process between the City and the Tarrant Regional Water District (TRWD). Rather, costs for this contract will be eligible for reimbursement directly from future Trinity River Vision TIF revenue after prior commitments of the TIF have been satisfied. Once reimbursement associated with this project is received, those funds will be used to reimburse the Stormwater utility. Also, $90,000.00 in city staff time for project oversight and contract management will be added, which is non -reimbursable by TRWD or the TIF. Because annual reimbursement by TRWD is not available for this project, Commercial Paper cannot be used to advance the funding. Instead, as depicted in the tables above, much of the initial funding for the project will be reallocated from the Stormwater Program's 2023 Revenue Bonds. The City is looking for potential alternative funding sources for the project to reduce planned stormwater project delays due to funding reallocation since reimbursement will not happen until TIF revenue prior commitments have been satisfied. apps.cfwnet.org/council_packet/mc_review.asp?ID=31789&counaIdate=1/23/2024 2/4 1 /24/24, 9:32 AM M&C Review In addition to this, previously allocated design related expenses (per M&C's 21-0328 & 21-0508 & 23- 0893) have totaled $381,251.00. An administrative zero -dollar amendment to M&C 21-0508 reduced the design related fees by $5,000.00. Additional project management and construction administration expenses for both TranSystems and Shield Engineering are anticipated to be $230,794.00 and would generally also be eligible for reimbursement. The following chart depicts the initial funds allocated, anticipated reimbursements, and anticipated ultimate net costs to the City. City of Fort Worth Anticipated Anticipated Final City of Fort Worth Upfront Funding TIF Reimbursement Cost Construction $5,996,729.00 $5,996,729.00 $0.00 Contingency $298,488.00 $298,488.00 $0.00 Material Testing $60,000.00 $60,000.00 $0.00 Inspection $120,000.00 $120,000.00 $0.00 City Staff Time $90,000.00 $0.00 $90,000.00 Design Phase $381,251.00 $381,251.00 $0.00 Construction Administration $230,794.00 $230,794.00 $0.00 Total $7,177,262.00 $7,087,262.00 $90,000.00 Fort Worth Civil Constructors, LLC is in compliance with the City's Business Equity Ordinance by committing to 20\% MWBE participation on this project. The City's MWBE goal on this project is 20\%. Due to TRWD water quality regulations associated with the outfall locations of these storm drain improvements, this project will install specialized water quality treatment inlet devices in multiple inlets which will require a higher level of maintenance than the existing system's inlets. This additional maintenance is expected to cost Stormwater field operations an additional $1,500.00/year to maintain. Construction is expected to start in February 2024 and be completed by October 2024. Funding is budgeted in the SW Hazardous Rd Overtopping programmable project within the Drainage Rev Bonds Series 2023 Fund for the purpose of funding the FWCC Viola project. This project is located in COUNCIL DISTRICT 9 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the SW Hazardous Rd Overtopping programmable project in the Drainage Rev Bonds Series 2023 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Drainage Rev Bonds Series 2023 Fund for the FWCC Viola project to support the above recommendations and execution of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID I Year (Chartfield 2) FROM Fund Department Account Project ID ID Submitted for Citv Manaaer's Office bv: Program Activity Budget Reference # Amount Year (Chartfield 2) William Johnson (5806) Originating Department Head: Lauren Prieur (6035) apps.cfwnet.org/council_packet/mc_review.asp?ID=31789&councildate=1 /23/2024 3/4 1 /24/24, 9:32 AM M&C Review Additional Information Contact: Linda Young (2485) ATTACHMENTS 20SWM FWCC VIOLA STORM DRAIN CONSTRUCTION2 funds availabilibl.pdf (CFW Internal) 20SWM VIOLA STORM DRAIN CONSTRUCTION COMPLIANCE MEMO.pdf (CFW Internal) 20SWM VIOLA STORM DRAIN CONSTRUCTION FID TABLE.XLSX (CFW Internal) 20SWM VIOLA STORM DRAIN CONSTRUCTION FORM 1295.pdf (CFW Internal) 20SWM VIOLA STORM DRAIN CONSTRUCTION MAP.pdf (Public) 20SWM VIOLA STORM DRAIN CONSTRUCTION SAM SEARCH.pdf (CFW Internal) ORD FWCC VIOLA STORM DRAIN CONSTRUCTION2 AO (r3) 52008.docx (Public) apps.cfwnet.org/council_packet/mc_review.asp?ID=31789&counaIdate=1/23/2024 4/4 0011 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Viola Storm Drain, City Project No. 103264 will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, December 14, 2023 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, FedEx 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: UNIT 1: Viola Storm Drain 90 LF Remove 18" Storm Line 546 LF Remove 36" Storm Line 175 LF 54" RCP, Class III by Open Cut 175 LF 54" RCP, Class III Carrier Pipe 175 LF 78" Steel Casing, By Other than Open Cut 96 LF 21" RCP, Class III 74 LF 36" RCP, Class III 215 LF 42" RCP, Class III 1 EA Sluice Gate Structure 1 EA 5' Storm Junction Box 1 EA 6' Storm Junction Box 5 EA 10' Curb Inlet 1 EA TxDOT Wingwalls (SW-0) (HW=7) 290 LF 5' Wide Asphalt Pvmt Repair, Industrial 175 LF 8' Wide Asphalt Pvmt Repair, Industrial 420 SY Asphalt Pvmt Repair Beyond Defined Width, Industrial UNIT 1: Viola Storm Drain Alternate A 175 LF 80" Tunnel Liner Plate by Other Than Open Cut 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. CITY OF FORT WORTH FWCC — Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 2 of 3 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 httD://www.fortworthtexas.2ov/Durchasin2/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Bid Documents Package Link: httDS://docs.b360.autodesk.com/shares/Odba9OO l-4c65-4226-a3e2-131 d966b2b3c Addenda Link: htt Ds: //d ocs. b360. a utod es k. co m /shares /d 363l b76-1358-44f4-b l if-ca bO8 b5c4684 Copies of the Bidding and Contract Documents may be purchased from TranSystems 500 W. 7th Street, Suite 1100 Fort Worth, TX 76102 Attn: Michael Hobbs, P.E. Phone Number: 817-334-4449 E-Mail Address: mrhobbs@transystems.com The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with full size drawings: $150 each Set of Bidding and Contract Documents with half size (if available) drawings: N/A EXPRESSION OF INTEREST 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. See attached Link: Plan Holders: httDS://docs.b360.autodesk.com/shares/09967c9l-f23e-45a7-8ebe-8aOaflle7dd2. 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/ 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: December 4, 2023 TIME: 11:00 am 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 OF FORT WORTH FWCC — Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 3 of 3 CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. I:.:;1� City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from bonds and reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Max Aransen, P.E., City of Fort Worth Email: max.aransen@fortworthtexas.gov Phone: 817-810-0696 AND/OR Attn: Michael Hobbs, PE, TranSystems Email: mrhobbs@transystems.com Phone: 817-334-4449 ADVERTISEMENT DATES November 22, 2023 November 30, 2023 END OF SECTION CITY OF FORT WORTH FWCC — Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 1. Defined Terms Page 1 of 10 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: httDS:HaDDS.fortworthtexas.2ov/Proi ectResources/ CITY OF FORT WORTH FWCC Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 3.1.1. Paving — Requirements document located at: httDs://aDDs.fortworthtexas. izov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2OPavina %20Contractor%20Preaualification%2OPro2ram/PREOUALIFICATION%20REO UIREMENTS%20FOR%2OPAVING%2000NTRACTORS.ndf 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: httns:HaDDs.fortworthtexas. aov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2ORoadwa v%20and%2OPedestrian%2OLighting%2OPreaualification%2OPro2ram/STREET% 20LIGHT%20PREOUAL%20REOMNTS.Ddf 3.1.3. Water and Sanitary Sewer — Requirements document located at: httDs:HaDDs.fortworthtexas. eov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/Water%2Oand%2 OSanitarv%2OSewer%2OContractor%2OPreaualification%2OProeram/W S S%20nre aual%20reauirements.Ddf 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. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH FWCC Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 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. OMIT 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. 4.1.8. 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. CITY OF FORT WORTH FWCC Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 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: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. CITY OF FORT WORTH FWCC Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 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: <Max Aransen, P.E., Transportation and Public Works Email:<max.aransen@fortworthtexas.gov> Phone: (817) 810-0696 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. CITY OF FORT WORTH FWCC Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 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 at 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. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business 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. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: htti)s:Hcodelibrarv.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 CITY OF FORT WORTH FWCC Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 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 FWCC Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 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 FWCC Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 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 httDs://www.ethics.state.tx.us/data/forms/1295/1295.udf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement CITY OF FORT WORTH FWCC Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 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 FWCC Viola Storm Drain STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103264 Revised/Updated November 2, 2021 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 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 exercise 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. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) httDs://www.ethics.state.tx.us/data/forms/conflict/CIS.Ddf ❑ CIQ Form does not apply El CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply D CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Fort Worth Civil Constructors, LLC 4860 Mark IV Parkway Fort Worth, TX 76106 END OF SECTION By: Austin Alumbaugh Signature: \ _ Title: President J CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 FWCC - Viola Storm Drain Workbook 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: Viola Storm Drain City Project No.: 103264 Units/Sections: Unit I: Viola Storm Drain (STA 1+11.09 to STA 7+15.00) 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 FWCC - Viola Storm Drain Workbook 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. CCTV - 48-inches or smaller b. Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 SY) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 270 CD 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 FWCC - Viola Storm Drain 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 UNIT I: Viola Storm Drain TOTAL 1: BASE BID (UNIT 1) TOTAL 2: BASE BID W/ ALTERNATE A (UNIT 1) Total Bid 7. Bid Submittal This Bid is submitted on December 14, 2023 Re tfully sub iT By. _ ignature — Austin Alumbaua (Printed Name) Title: President Company: Fort Worth Civil Constructors, LLC Address: 4860 Mark IV Parkway Fort Worth, TX 76106 State of Incorporation: Texas Email: austin@fwcivcon.com Phone: 817.562.2292 END OF SECTION $6,996,854.00 $6,996,854.00 $5,996,729.00 #REF! by the entity named below. (Receipt is acknowledged of the following Addenda: JAddendum No. 1: EAddendum No. 2: W !Addendum No. 3: (Addendum No. 4: Corporate Seal: Initial CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Viola Storm Drain Workbook UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information 00 42 43 BID PROPOSAL Page I of 2 Bidder's Application Bidlist I Description Specification I Unit of Bid Item No. Section No. Measure Quantity UNIT I: Viola Storm Drain (STA 1+11.09 to STA 7+15.00) 1 0171.0102 As -Built Survey 01 71 23 2 0241.3013 Remove 18" Storm Line 0241 14 3 0241.3019 Remove 36" Storm Line 3 41 14 4 0241.1300 Remove Cone Curb&Gutter 0241 15 5 9999.0000 Remove 5' Curb Inlet 3 41 14 6 3110.0101 Site Clearing 31 1000 7 3110.0105 24" and Larger Tree Removal 31 1000 8 3123.0101 Unclassified Excavation (Sluice Gate 31 2316,3123 and Headwall) 00.20 9 3125.0101 SWPPP >_ 1 acre 31 2500 10 3201.0132 5' Wide Asphalt Pvmt Repair, Industrial 3201 17 11 3201.0135 8' Wide Asphalt Pvmt Repair, Industrial 12 3201.0203 Asphalt Pvmt Repair Beyond Defined Width, Industrial 13 3213.0400 5" Concrete Driveway 14 3216.0101 6" Cone Curb and Gutter 15 3291.0100 Topsoil 16 3292.0100 Block Sod Placement 17 3301.0002 Post -CCTV Inspection 18 3305.0109 Trench Safety 19 3305.0103 Exploratory Excavation of Existing Utilities 20 3305.0207 Imported Embed ment/Backfill, Select Fill 21 3341.0201 21" RCP, Class III 22 3341.0309 36" RCP, Class III 23 3341.0402 42" RCP, Class III 24 3341.0502 54" RCP, Class III by Open Cut 25 3341.0502 54" RCP, Class III Carrier Pipe 26 3349.0002 5' Storm Junction Box 27 3349.0003 6' Storm Junction Box 28 3349.5001 10' Curb Inlet 29 3471.0001 Traffic Control 30 9999.0001 Sluice Gate Structure 31 9999.0002 54" Flap Gate 32B 9999.0003 78" Steel Casing by Open Other than Cut 33 9999.0004 TxDOT Wingwalls (SW-0) (HW=7) 34 9999.0005 Temporary Cofferdam 35 9999.0006 Articulated Concrete Block 36 9999.0007 Inlet Filter 37 9999.0008 Imported Backfill (USACE Requirement) 38 9999.0009 Concrete Pavement Removal (Existing Trail) 39 9999.0010 Trail Improvements 6" Concrete (Existing Trail) Bidder's Proposal Unit Price I Bid Value LS 1 $20,840.00 LF 90 $140.00 LF 546 $240.00 LF 120 $62.00 EA 5 $5,000.00 LS 1 $45,900.00 EA 1 $4,335.00 CY 665 $236.00 LS 1 $17,055.00 LF 290 $275.00 3201 17 LF 175 $386.00 $20,840.00 $12,600.00 $131,040.00 $7,440.00 $25,000.00 $45,900.00 $4,335.00 $156,940.00 $17,055.00 $79,750.00 $67,550.00 3401 17 SY 420 $439.00 $184,380.00 32 13 20 SF 400 $54.00 $21,600.00 321613 LF 120 $96.00 $11,520.00 3291 19 CY 360 $90.00 $32,400.00 32 92 13 SY 3,240 $16.00 $51,840.00 3301 31 LF 735 $5.00 $3,675.00 33 05 10 LF 735 $12.00 $8,820.00 33 05 30 EA 2 $6,760.00 $13,520.00 33 05 10 CY 25 $45.00 $1,125.00 3341 10 LF 96 $139.00 $13,344.00 344110 LF 74 $288.00 $21,312.00 3541 10 LF 215 $370.00 $79,550.00 33 40 00 LF 175 $542.00 $94,850.00 33 40 00 LF 175 $741.00 $129,675.00 33 49 10 EA 1 $22,275.00 $22,275.00 33 49 10 EA 1 $28,335.00 $28,335.00 33 49 20 EA 5 $17,525.00 $87,625.00 3471 13 MO 6 $9,250.00 $55,500.00 03 30 30 LS 1 $669,000.00 $669,000.00 33 40 00 EA 1 $50,900.00 $50,900.00 33 40 00 LF 175 $14,660.00 $2,565,500.00 03 30 30 EA 1 $286,000.00 $286,000.00 31 5200 EA 1 $1,616,000.00 $1,616,000.00 3531 19.20 SY 82 $310.00 $25,420.00 00 00 00 EA 5 $112.00 $560.00 33 40 00 CY 450 $408.00 $183,600.00 1 02 41 00 SY 154 $53.00 $8,162.00 03 30 30 CY 26 $1,916.00 $49,816.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Viola Storm Drain Workbook UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information Bidlis[ Description Item No. 40 9999.0011 Construction Surveying (GPS) 41 9999.0012 Construction Staking 42 9999.0013 Construction Allowance UNIT I: Viola Storm Drain Alternate A la 9999.0000 80" Tunnel Liner Plate by Other Than Open Cut 2a Deduct Items 32B 00 42 43 BID PROPOSAL Page 2 of 2 Bidder's Application Bidders Proposal Specification Unit of Bid Unit Price Section No. Measure Quantity Bid Value 01 71 23 LS 1 $7,600.00 $7,600.00 01 71 23 LS 1 $24,500.00 $24,500.00 01 71 23 LS 1 $80,000.00 $80,000.00 SUBTOTAL: UNIT I: Viola Storm Drain $6,996,864.001 330521, 33 40 00 I LF I 175 I $8,945.00 1 $2 565 500 00 SUBTOTAL: UNIT I: Part 1 - Storm Drain Alternate A -$1,000,126.001 SUBTOTAL: UNIT I: Viola Storm Drainl $6,996,854.001 SUBTOTAL: UNIT I: Viola Storm Drain Alternate A I -$1,000,125.001 TOTAL 1: BASE BID (UNIT I)I $6,996,854.001 TOTAL 2: BASE BID W/ ALTERNATE A (UNIT I)I $5,996,729.001 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUdIENCS Revised 9/30/2021 Viola Storm Drain Workbook SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 2 That we, Fort Worth Civil Constructors, LLC , known as "Bidder" herein and Pennsylvania Insurance Company, SiriusPoint America Insurance 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 (6%) 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 Viola Storm Drain 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 14th day of December 2023. ATTEST: ` Witness' o ci al \ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 PRINCIPAL: Fort Worth Civil Constructors, LLC BY: F� k— NameSignature and Title FWCC -Viola Storm Drain Workbook V I less as Surety Attach Power of Attorney (Surety) for Attorney -in -Fact 0043 13 BID BOND Page 2 of 2 Address: P.O. Box 161727, Fort Worth, TX 76161 SURETY: Pennsylvania Insurance Company SiriusPo' t erica I urance Gra{ntoan 1 BY:5� Signature Andrea Rose Crawford, Attorney -in -Fact Name and Title Address: P.O. Box 3646, Omaha, NE 68103 Telephone Number: 402-827-3424 *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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 FWCC -Viola Storm Drain Workbook California Insurance Company ' Continental Indemnity Company • Illinois Insurance Company ' Pennsylvania Insurance Company 10805 Old A4ill Road • Omaha, Nebraska 68154 POWER OF ATTORNEY NO. ACRADD01-0523 KNOW .ALL MEN BY THESE PRESENTS: That the California Insurance Company, duly organized and existing under the laws of the State of California and having its principal office in the County of San Mateo, California, and Continental Indemnity Company, Illinois Insurance Company and Pennsylvania Insurance Company, corporations duly organized and existing under the laws of the State of New Mexico and having their principal office in the County of Santa Fe, New Mexico does herby nominate, constitute and appoint: Allyson W. Dean, Andrea Rose Crawford, Colin E. Conly, Debra Lee Moon, Sandra Lee Roney, Troy Russell Key, Ana Owens, Andrew Gareth Addison, Betty J. Reeh, Thomas Douglas Moore, Elizabeth Ortiz, Emily Allison Mikeska, Monica Ruby Veazey Its true and lawful agent and attorney -in -tact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee) provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: "Unlimited" This Power of Attorney is, granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of California Insurance Company, Continental Indemnity Company, Illinois Insurance Company and Pennsylvania Insurance Company, "RESOLVED, That the President, Senior Vice President, Vice President, Assisted Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney of the Company, qualifying the attorney or attorneys named in given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the California Insurance Company, Continental Indemnity Company, Illinois Insurance Company and Pennsylvania Insurance Company, all bond undertakings and contracts ofsuretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, California Insurance Company, Continental Indemnity Company, Illinois Insurance Company and Pennsylvania insurance Company, has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer the 20thday of Dec., 20 22. Calilbrnia Insurance Company, Continental Indemnity Company, Illinois Insurance C illpany, Pennsylvania Insurance Company By 0 r ��Y V Jeffrey A. Silver, Secretnry STATE OF NEBRASKA COUNTY OF DOUGLAS SS: On this 201h day of Dec. A.U. 2022 , before me a Notary Public of the State of Nebraska, in and for the County of Douglas, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate seal andhis signature as officer %verc duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Do "p►=, the day and ye t first above written. GENERAL NOTARY - State of Nebraska t <� �" LINDA S. DAVIS (Notary Public) a10"- My Comm.Exp1eptembert,2023 I, the undersigned Officer of the California Insurance Company, a California Corporation of Foster City, California, Continental Indemnity Company, Illinois Insurance Company and Pennsylvania Insurance Company, New Mexico Corporations of Santa Fe, New Mexico, do herby certify that the original POWER OF AII'ORNEY of which the foregoing is full, true and correct copy is still in full Ibrce and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 14th day of December , 20 23 JefTny A. Silver, Secrcutry IMPORTANT NOTICE -TEXAS This bond has been issued by one of the North American Casualty Group insurance carriers listed below: Continental Indemnity Company Illinois Insurance Company Pennsylvania Insurance Company California Insurance Company To obtain information or make a complaint: You may call the insurance carrier's toll -free telephone number for information or to make a complaint at: (877) 234-4420 Please send all notices of claim on this bond to: Applied Surety Underwriters - Surety Claims 10805 Old Mill Road Omaha, NE 68154 (877) 234-4420 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htto://www.tdi.state.tx.us E-mail: ConsumerProtection(a.tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Applied Surety Underwriters first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. AS-10010-NAC (05-2022) 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. 0 BIDDER: Fort Worth Civil Constructors, LLC 4860 Mark IV Parkway Fort Worth, TX 76106 817.562.2292 END OF SECTION By: Austin Alumbaugh (Signatures Title: President v Date: 14-Dec-23 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 FWCC - Viola Storm Drain Workbook 004511 -1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxDermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC — Viola Storm Drain Revised August 13, 2021 City Project No. 103264 004511 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC — Viola Storm Drain Revised August 13, 2021 City Project No. 103264 004511 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to perform the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC — Viola Storm Drain Revised August 13, 2021 City Project No. 103264 00 45 12 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date CCTV - 48-inches or smaller ACE Pipe Cleaning 2/29/2024 Asphalt Paving Construction/Reconstruction 1 , I (LESS THAN 15,000 SY) ' COY T Uv The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Fort Worth Civil Constructors, LLC By: u tin Alumba 4860 Mark IV Parkway (Signature) v Fort Worth, TX 76106 Title: President Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/30/2021 FWCC - Viola Storm Drain Workbook 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 103264 Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance 8 with worker's compensation coverage. 7 10 CONTRACTOR: 12�r1 YJa41�Gail(bn�w6�uc,A'k�,�b�4 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Company 40 MOWV-tV fAVJ4-&" Address LP City/State/Zip THE STATE OF TEXAS § COUNTY OFTARRANT § L(Please Print) Signature: f�1(�,., . Title: (Please Print) BFAFORE V�, the n ersignel d,aut ority, on this day personally appeared a 1- , known to me to be the person whose name is subscribed to the foregoing instrum and acknow edged to me that he/she executed the same as the act and deed of r�,�Sl for the purposes and consideration therein expressed and in the capacity therein stated. GIVE UNDER MY HAND AND SEAL F OFFICE this �,d /'daof 2�� MANDI OLDHAM Notary Public, State of Texas 9'•. Q Comm. Expires 08-28-2026 NotaryID12431710-4 Notary Pu END OF SECTION f Texas CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC - Viola Storm Drain Revised July 1, 2011 City Project No. 103264 004540-1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 6 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 7 (M/WBEs). 8 9 POLICYSTATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business 11 Equity Firms when applicable, in the procurement of all goods and services. All requirements and 12 regulations stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance 13 No. 24534-11-2020 (codified at: httDS://COdelibrary.amlega[.com/codes/ftworth/latest/ftworth tx/0-0- 14 0-22593) apply to this bid. 15 16 BUSINESS EOUITY PROJECT GOAL 17 The City's Business Equity goal on this project is 20 % of the total bid value of the contract (Base bid 18 applies to Parks and Community Services). 19 20 METHODS TO COMPLY WITH THE GOAL 21 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the 22 City's Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply 23 with the ordinance through one of the following methods: 1. Commercially useful services 24 performed by a Business Equity prime contractor, 2. Business Equity subcontracting 25 participation, 3. Combination of Business Equity prime services and Business Equity 26 subcontracting participation, 4. Business Equity Joint Venture/Mentor-Protege participation, S. 27 Good Faith Effort documentation, or 6. Prime contractor Waiver documentation. 28 29 SUBMITTAL OF REOUIRED DOCUMENTATION 30 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 31 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 32 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 33 business day after the bid opening date, exclusive of the bid opening date. 34 35 The Offeror must submit one or more of the following documents: 36 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 37 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 38 participation is less than stated goal, or no Business Equity participation is accomplished; 39 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 40 all subcontracting/supplier opportunities; or 41 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 42 Protege participation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC-Viola Storm Drain Revised October 27, 2021 City Project No. 103264 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 31 32 33 34 35 36 004540-2 Business Equity Goal Page 2 of 2 These forms can be found at: Business Equity Utilization Form and Letter of Intent httDS://aDDs.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/Business Eauitv Utilization Form DVIN 2022 220324.Ddf Letter of Intent httDS://aDDs.fortworthtexas.gov/Pro)ectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2021.odf Business Equity Good Faith Effort Form httDS://aDDs.fortworthtexas.Lyov/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort Form DVIN 2022.Ddf Business Equity Prime Contractor Waiver Form httDS://aDDs.fortworthtexas.eov/ProiectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor Waiver-220313. Ddf Business Equity Joint Venture Form httr)s://aDDs.fortworthtexas.Liov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.Ddf 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 REOUIRED BUSINESS EOUTY 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 27, 2021 END OF SECTION FWCC-Viola Storm Drain City Project No. 103264 005243-1 Agreement Page 1 of 9 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 01/24/2024, 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 FortWorthCivilConstructorsLLC, 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: Viola Storm Drain City Project No. 103264 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, of _Five Million Nine Hundred Ninety Six Thousand Seven Hundred Twenty Nine Dollars ($5,996,729.00). 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 270 Calendar 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC— Viola Storm Drain Revised 8/22/2022 City Project No. 103264 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 sufferfrom 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 Two Hundred and Fifty Dollars ($1.250.00) 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 S. 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 documents (project specific) 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC—Viola Storm Drain Revised 8/22/2022 City Project No. 103264 005243-3 Agreement Page 3 of 9 i. MBE and/orSBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made apart 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 soecifically intended to overate 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 hart. by anv act. omission or ne li ence of the citv. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC—Viola Storm Drain Revised 8/22/2022 City Project No. 103264 005243-4 Agreement Page 4 of 9 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, subcontractors, licensees or invitees under this contract. This indemnification provision is svecifically intended to overate 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 neglience 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-WaiverofClaims. 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 rightto insist upon appropriate performance or to assert any such right on any future occasion. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC—Viola Storm Drain Revised 8/22/2022 City Project No. 103264 005243-5 Agreement Page 5 of 9 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. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 8/22/2022 FWCC — Viola Storm Drain City Project No. 103264 005243-6 Agreement Page 6 of 9 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. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC— Viola Storm Drain Revised 8/22/2022 City Project No. 103264 005243-7 Agreement Page 7 of 9 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 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 anyway 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC— Viola Storm Drain Revised 8/22/2022 City Project No. 103264 00 52 43 - 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: an Austin Alum baugh(Fe 6,202413:28CST) Signature Austin Alumbaugh (Printed Name) President Title 4860 Mark IV Pkwy Address Fort Worth, Texas, 76106 City/State/Zip Feb 6, 2024 Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 8/22/2022 City of Fort Worth By: C S�1 - Jesica McEachern Assistant City Manager Feb 22, 2024 Date oann poRT °aa od Attest: p -0 PVo 0=0 fj .ham` °R� ad4Il TEXA`.add �na a Jannette Goodall, City Secretary (Seal) M&C: 24-0081 Date: 01-24-2024 Form 1295 No.2023-1106078 Contract Compliance Manager: person responsible for the monitoring and administration of this contract, including OFFICIAL RECORD FWCC — Viola Storm Drain CITY SECRETARY City Project No. 103264 FT. WORTH, TX 005243-9 Agreement Page 9 of 9 ensuring all performance and reporting requirements. Max Ara sen (Jan 26, 202412:13 CST) Max Ara nsen, P.E. Project Manager Approved as to Form and Legality: GwK DBlack (Feb 22, 2024 14:03 CST) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: Lauren Prieur, P.E., Director Transportation & Public Works Department CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC— Viola Storm Drain Revised 8/22/2022 City Project No. 103264 Bond No. SPA150320_001 00 6113 -1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Fort Worth Civil Constructors, LLC known as Pennsylvania Insurance Company and SiriusPoint 9 "Principal" herein and America Insurance Comnanv , a corporate 10 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known 11 as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort 12 Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, Dive million nine hundred ninety six thousand seven Hundred 13 in the penal sum of, twenty nine and no/100--------------------------------------------------- Dollars 14 ($ 5,996,729.00 ), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the 24th day of January , 20 24, which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, 21 equipment labor and other accessories defined by law, in the prosecution of the Work, 22 including any Change Orders, as provided for in said Contract designated as Viola Storm 23 Drain, Citv Proiect No. 103264. 24 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders, underthe Contract, according to the 27 plans, specifications, and contract documents therein referred to, and as well during any 28 period of extension of the Contract that may be granted on the part of the City, then this 29 obligation shall be and become null and void, otherwise to remain in full force and effect. 30 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 31 Tarrant County, Texas or the United States District Court for the Northern District of Texas, 32 Fort Worth Division. 33 This bond is made and executed in compliance with the provisions of Chapter 2253 of 34 the Texas Government Code, as amended, and all liabilities on this bond shall be determined 35 in accordance with the provisions of said statue. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC — Viola Storm Drain Revised July 1, 2011 City Project No. 103264 006113-2 PERFORMANCE BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 2 instrument by duty authorized agents and officers on this the 29th day of January 3 , 20 24 . 4 PRINCIPAL: Fort Worth Civil Constructors, LLC 5 6 7 8 BY: � . _� _ 9 Signature 111 0 ATTEST: 12 I/IA�Y ► t �I C1\V1W� �1 13 (Principal) Secretary Name and Title 14 15 Address: 4860 Mark IV Pkwy 16 17 - 1 Fort Worth, TX 76106 18 19 dtness Principal 20 SURETY: 21 22 Pennsylvania Insurance Company and 23 24 SiriusPoint America Insurance Company 25 26 27 4ature 28 29 Tracy Tucker Attorney -in -Fact 30 Name and Title 31 32 Address: 2821 W. 7th Street #500 33 34 Fort Worth. TX 76107 35 /a 36 Witness as to Surety Telephone Number: 817/336-85?,0 37 Brandi Heath, Witness 38 "Note: If signed by an officer of the Surety Company, there must be on file a certified 39 extract from the by-laws showing that this person has authority to sign such 40 obligation. If Surety's physical address is different from its mailing address, both 41 must be provided. The date of the bond shall not be prior to the date the Contract is 42 awarded. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC — Viola Storm Drain Revised July 1, 2011 City Project No. 103264 Bond No. SPA150320_001 006114-1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Fort Worth Civil Constructors, LLC known as 8 "Principal" herein, and Pennsylvania Insurance Company and SiriusPoint America Insurance Company a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, 11 a municipal corporation created pursuant to the laws of the State of Texas, known as "City" Five million nine hundred ninety six thousand seven hundred 12 herein, in the penal sum of twentv nine and no/10o-------------------------------------------------- Dollars 13 ($ 5,996,729.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded 18 the 24th day of January .20 24 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, 20 equipment, labor and other accessories as defined by law, in the prosecution of the Work as 21 provided for in said Contract and designated as Viola Storm Drain. Citv Proiect No. 103264. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal 23 shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 24 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the 25 Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of 28 the Texas Government Code, as amended, and all liabilities on this bond shall be determined 29 in accordance with the provisions of said statute. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC-Viola Storm Drain Revised July 1, 2011 City Project No.103264 006114-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 29th day of 3 January 2024 PRINCIPAL: Fort Worth Civil Constructors, LLC ATTEST: BY: ignature`, (Pri i al) ecretary Name and Title Address: 4860 Mark IV Pkwv Fort Worth, TX 76106 Witness as to Principal SURETY: Pennsylvania Insurance Comnanv and SiriusPoint America Insuranc mpany ATTEST: BY. Signature 1 Tracy Tucker, Attorney -in -Fact (Surety) Secretary Name and Title Address: 2821 W. 7th Street #500 Aum�_92&) Fort Worth, TX 76107 Witness as to Surety Brandi Heath, Witness Telephone Number: 817/336-8520 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. The date of the bond 8 shall not be prior to the date the Contract is awarded. 9 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC-Viola Storm Drain Revised July 1, 2011 City Project No.103264 Bond No. SPA150320_001 006119-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we Fort Worth Civil Constructors, LLC known as Pennsylvania Insurance Company and SiriUSPOint 8 "Principal" herein and AmerislLpsuranre Cor�yny , a corporate 9 surety (sureties, if more than one) duly authorized to do business in the State of Texas, known 10 as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort 11 Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as Five million nine hundred ninety six thousand seven hundred 12 "City" herein, in the sum of twenty nine and non00------------------------------------------------ Dollars 13 ($ 5,996,729.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 15 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 16 jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the 24th day of January , 20 24 , which Contract is 20 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish 21 all materials, equipment labor and other accessories as defined by law, in the prosecution of 22 the Work, including any Work resulting from a duty authorized Change Order (collectively 23 herein, the "Work") as provided for in said contract and designated as Viola Storm Drain, City 24 Project No.103264: and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications, and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) 29 years afterthe date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FWCC-Viola Storm Drain Revised July 1, 2011 City Project No.103264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 006119-2 MAINTENANCE BOND Page 2 of 3 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. 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 underthis Maintenance bond; and 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; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 FWCC-Viola Storm Drain City Project No.103264 103264 FWCC Viol Storm Drain Contract Final Audit Report 2024-02-22 Created: 2024-02-22 By: Sadie Ishmael (Sadie. Ish mael@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAATE8VotrLeaNu2NnrOyM2eO5bTdDECNRT "103264 FWCC Viol Storm Drain Contract" History Document created by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) 2024-02-22 - 7:44:35 PM GMT- IP address: 204.10.90.100 Document approved by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Approval Date: 2024-02-22 - 7:51:55 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to doug.black@fortworthtexas.gov for signature 2024-02-22 - 7:51:57 PM GMT Email viewed by doug.black@fortworthtexas.gov 2024-02-22 - 8:00:43 PM GMT- IP address: 204.10.90.100 Signer doug.black@fortworthtexas.gov entered name at signing as DBlack 2024-02-22 - 8:03:57 PM GMT- IP address: 204.10.90.100 Document e-signed by DBlack (doug.black@fortworthtexas.gov) Signature Date: 2024-02-22 - 8:03:59 PM GMT - Time Source: server- IP address: 204.10.90.100- Signature captured from device with phone number XXXXXXX4583 Document emailed to Jesica McEachern Qesica.mceachern@fortworthtexas.gov) for signature 2024-02-22 - 8:04:02 PM GMT Document e-signed by Jesica McEachern Qesica.mceachern@fortworthtexas.gov) Signature Date: 2024-02-22 - 8:54:04 PM GMT - Time Source: server- IP address: 204.10.90.100 Document approval automatically delegated to Katherine Cenicola (Katherine.Cenicola@fortworthtexas.gov) by Ronald Gonzales (Ronald.Gonzales@fortworthtexas.gov) 2024-02-22 - 8:54:07 PM GMT Document emailed to Ronald Gonzales (Ronald.Gonzales@fortworthtexas.gov) for approval 2024-02-22 - 8:54:07 PM GMT FORTW❑RTHg I Paw m"Y Adobe Acrobat Sign Document emailed to Katherine Cenicola (Katherine.Cenicola@fortworthtexas.gov) for approval 2024-02-22 - 8:54:07 PM GMT Email viewed by Katherine Cenicola (Katherine.Cenicola@fortworthtexas.gov) 2024-02-22 - 8:54:52 PM GMT- IP address: 166.205.54.36 C�-6 Document approved by Katherine Cenicola (Katherine.Cenicola@fortworthtexas.gov) Approval Date: 2024-02-22 - 8:56:06 PM GMT - Time Source: server- IP address: 166.205.54.36 '- Document emailed to Jannette Goodall Oannette.goodall@fortworthtexas.gov) for signature 2024-02-22 - 8:56:07 PM GMT Email viewed by Jannette Goodall Qannette.goodall@fortworthtexas.gov) 2024-02-22 - 9:13:21 PM GMT- IP address: 204.10.90.100 Document e-signed by Jannette Goodall Qannette.goodall@fortworthtexas.gov) Signature Date: 2024-02-22 - 9:13:32 PM GMT - Time Source: server- IP address: 204.10.90.100 Form filling automatically delegated to Elisa Winterrowd (Elisa.Winterrowd@fortworthtexas.gov) by Allison Tidwell (allison.tidwell@fortworthtexas.gov) 2024-02-22 - 9:13:35 PM GMT Document emailed to Allison Tidwell (allison.tidwell@fortworthtexas.gov) for filling 2024-02-22 - 9:13:35 PM GMT Document emailed to Elisa Winterrowd (Elisa.Winterrowd@fortworthtexas.gov) for filling 2024-02-22 - 9:13:35 PM GMT Document declined by Allison Tidwell (allison.tidwell@fortworthtexas.gov) Decline reason: You need to add a text box in the right hand corner of the first page of the contract. I am unable to add a contract number without it. 2024-02-22 - 9:48:09 PM GMT- IP address: 204.10.90.100 FORTW❑RTHg I Paw m"y Adobe Acrobat Sign FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: FWCC VIOLA STORM DRAIN CONSTRUCTION M&C: 24-0081 CPN: 103264 CSO: DOC#: Date: To: Name Department Initials Date Out 1. Max Aransen TPW Feb 7, 2024 2 Austin Alumbaugh Contractor Ah Feb 7 2024 Austin(&fwcivcon.com ^^ 3. Donnette Murphy Risk Mgmt DM,DU Feb 7, 2024 4. Patricia Wadsack TPW A/D Feb 14, 2024 5. Lauren Prieur TPW/Dir Feb 14, 2024 6. Doug Black Legal Feb 22, 2024 7. Jesica McEachern CMO �' Feb 22, 2024 8. Ronald Gonzales CSO Feb 22, 2024 9. Jannette Goodall CSO Feb 22, 2024 10. Allison Tidwell CSO Feb 22, 2024 AT 11. tpw sw_contracts TPW bdP Feb 22, 2024 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: OYES ❑No ROUTING TO CSO: ❑YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: tpw sw contra cts(aJortworthtexas.uov Call 817-229-3283 with questions. Thank you!