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Contract 46726
CRY SECRETAW FO RT WO RT H CONTRACT NO. PROJECT MANUAL FOR THE CONSTRUCTION OF Rolling Hills Water Treatment Plant Phase 6 — Flocculation Basins Improvements Project City Project No. 02122 Betsy Price David Cooke Mayor City Manager Andrew T. Cronberg, P.E. Interim Director, Water Department Prepared for The City of Fort Worth Water Department December 2014 CONFORMED *. ............................. HAD D. BARTRUF �;:.....Q•,688.....:; CDM Smiths.0 E 100 Throckmorton Street, Suite 600 1;NA� /! Fort Worth, Texas 76102 TBPE Firm No.F-3043 In association with: Gupta&Associates Inc. OFFICIAL RECORD CITY SECRETARY RECEIVED JUN 0 31015 FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, April 14, 2015 REFERENCE NO.: C-27266 LOG NAME: 60RHWTP FLOCCULATION BASINS REHAB CONSTRUCTION SUBJECT: Authorize Execution of a Contract with Archer Western Construction,LLC., in the Amount of$4,312,900.00 for the Construction of the Rolling Hills Water Treatment Plant Flocculation Basins Improvements, Phase 6, Provide for Project Costs and Contingencies for a Total Project Amount of$5,056,240.00 and Adopt Reimbursement Resolution (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1.Authorize the execution of a construction contract with Archer Western Construction,LLC, in the amount of$4,312,900.00 for construction of the Rolling Hills Water Treatment Plant Flocculation Basins Improvements, Phase 6; and 2. Adopt the attached resolution expressing its official intent to reimburse expenditures with proceeds of future debt for the Rolling Hills Water Treatment Plant Flocculation Basins Improvements Phase 6 project. DISCUSSION: On March 25, 2014, (M&C C-26732) the City Council authorized the execution of an Engineering Agreement with CDM Smith,Inc., in the amount of$537,420.00 for the design of the Rolling Hills Water Treatment Plant(RHWTP)Flocculation Basins Improvements, Phase 6. This Mayor and Council Communication is for the construction of the Rolling Hills Water Treatment Plant Flocculation Basins Improvements, Phase 6. This is the final phase of an upgrade project to increase the RHWTP capacity to 200 MGD from 160 MGD. The design and construction phases of the upgrade project were separated into six packages: Phase 1 − Ozonation Facilities, Phase 2 −Backwash Supply, Phase 3 −Plant Process Improvements, Phase 4− High Service Pump Station,Phase 5 − Chemical Facilities Improvements and Phase 6− Flocculation Basins Improvements. The first five phases of the project are complete. The Phase 6 project work includes the reconstruction of the existing Flocculation Basins No. 1 to No.4,and replacement of the existing three—stage, paddle wheel flocculation process with a two—stage, vertical turbine flocculation process. The vertical turbine process will be an open basin type configuration. Related electrical, structural, instrumentation and process/mechanical modifications will be performed as required for implementation of the improvements. Additionally,four isolation slide gates will be added in the hydraulic splitter box of each Rapid Mix Basin, preceding the flocculation basins. The project was advertised for bid in the Fort Worth Star&minus:Telegram on December 18, 2014 and December 25, 2014. On January 22, 2015, the following six bids were received: Bidder Total Bid Amount Contract Time Archer Western Construction, LLC $4,312,900.00 440 Calendar Days Ark Contracting Services $4,831,500.00 Bar Constructors $4,838,500.00 Cardinal Contractors $4,465,600.00 Gracon Construction,Inc $4,748,600.00 Pepper Lawson $4,589,000.00 In addition to the contract cost,the amount of$42,000.00 is required for Staff time and$130,000.00 is provided for project contingencies. Upon approval of this Mayor and Council Communication,appropriations for the Rolling Hills WTP Flocculation Basins Improvements,Phase 6 project will consist of the following: CDM Smith Inc. Engineering Contract $537,340.00 Archer Western Construction,LLC $4,312,900.00 Construction Staking, Project Management, Inspection,Material Testing, and Contingencies $172,000.00 Funding of Existing Project Expenditures $34,000.00 Project Appropriations 1$5,056,240.0 Fund Existing Additional Revised Encumbrances Balance Appropriations Appropriations ppropriations and Expenditures 2017 Water and Sewer Revenue Bonds Capital $0.00 $4,484,900.00 $4,484,900.00 $0.00 $4,484,900.00 Project Fund Water Capital Projects Fund $537,340.00 $34,000.00 $571,340.00 $547,896.06 $23,443.94 (P265) PROJECT $537,340.00 $4,518,900.00 $5,026,240.00 $547,896.06 $4,508,343.94 TOTAL This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Direct Purchase Note program will be used to provide interim financing for this project until debt is issued.To the extent resources other than the Water and Sewer portfolio are used to provide interim financing,the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio(currently approximately one—percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short—term financing source,another funding source will be required,which could mean issuance of securities under the Direct Purchase Note program or earlier issuance of Water and Sewer revenue bonds than is currently planned.Once debt associated with this project is sold,bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. In accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue—supported debt issuances to the City Council for consideration within the next three years.The Financial Management Services Department is currently working with all departments to ensure that multi—year capital improvements plans are in place.Newly developed and already existing plans,such as the Water Department's current multi—year capital improvement plan,will be presented to City Council for review and adoption.If the City Council—adopted plan does not include issuance of debt for this specific project, the project will be funded utilizing pay—as—you go financing sources.If the Council—adopted plan calls for debt issuance,that debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur,the costs will no longer be reimbursable by issuing tax—exempt debt and the funding source will have to be made whole through other budgetary methods.Adoption of this resolution does not obligate the City to sell bonds,but preserves the ability to reimburse the City from tax—exempt bond proceeds. Construction is anticipated to commence in June 2015.With a contract time of 440 calendar days,the construction is estimated to be completed by the end of September 2016. M/WBE Office−Archer Western Construction,LLC, is in compliance with the City's BDE Ordinance by committing to nine percent MBE participation and documenting good faith effort. Archer Western Construction,LLC,identified several subcontracting and supplier opportunities. However,the MBE's contacted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is 22 percent. The project is located in COUNCIL DISTRICT 8,Mapsco 92S. FISCAL INFORMATION: The Financial Management Services Director certifies that appropriations are available as directed by M&C G-18375 in the 2017 Water and Sewer Revenue Bonds Capital Project Fund and in the Water Capital Projects Fund for transfer from Unspecified funding to the Rolling Hills Water Treatment Plant Flocculation Basins project for this contract,as depicted in the table: Available Remaining Fund Appropriation Transfer Available Amount Appropriation Amount 2017 Water and Sewer Revenue Bonds Capital $86,474,093.06 $4,484,900.00 $81,989,193.06 Project Fund Water Capital Projects Fund 1$49,715,254.341$34,000.00 $49,681,254.34 FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P265 511010 601510212220 $7.000.00 1!265 485109 601159990100 $34.000.00 P265 511010 601510212230 $20.000.00 P266 485114 601159990100 $4.484.900.00 P265 511010 601510212233 $3.000.00 P265 511010 601510212280 $1.000.00 P265 511010 601510212283 $3.000.00 P266 511010 601510212280 $40.000.00 E266 541200 601510212283 $4.442.900.00 P266 531350 601510212284 $2.000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (8476) Originating Department Head: Andy Cronberg (5020) Additional Information Contact: Farida Goderya (8214) ATTACHMENTS 1.02122—MBE COMPLIANCE MEMO for Archer Western revised.pdf 2.60RHWTP FLOCCULATION BASIN Reimb Resolution.doc 3.FAR-00002 CIP#02122 P266.12df 4. P266 485114.docx 5. RollingHillsWTP LocationMaR,pdf 6. SAM EPLS check for Archer Western.pdf City of Fort Worth Rolling Hills Water Treatment Plant Phase 6 — Flocculation Basins Improvements Specification Seals (Page 1 of 2) December 2014 Division 00 Division 01 Division 02 Division 09 Division 31 ). Division 33 Division 35 : G 40 05 00 4kHADD. BARTRUFFfj 40 05 01 NO � 91688 se� 40 05 18 40 05 50 `lh®mss®� Ir 40 05 70 40 05 75 Division 46 CDM Smith Inc. Texas Registered Engineering Firm F-3043 ?+ 0 . ......••• ......••• Division 03 ERIC J. WORKLUND Division 05 ..........I......................lp � 68413 �e alli�aIO ,eL a CDM Smith Inc. Texas Registered Engineering Firm F-3043 City of Fort Worth Rolling Hills Water Treatment Plant Phase 6 — Flocculation Basins Improvements Specification Seals (Page 2 of 2) December 2014 g kSls�'0 F - �111 rk PU.L T GUPTA j Division 26 115692 �ilgh,.l �EN��v•��eo ll1N;t A oa 'e 12/9/2014 Gupta&Associates Inc. Texas Registered Engineering Firm F-2593 .•' '•.N�,�O 40 80 00 ••;*�/� 40 90 00 .............1L.*i 40 94 43 LARRY J. REYNOLD9-0. . 409630 S ••••98651••• •�e 40 96 35 CENISO I+1,1%/ 12/9/2014 ¢- Gupta&Associates Inc. Texas Registered Engineering Firm F-2593 r 000000-1 TABLE OF CONTENTS Page 1 of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00—General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 004243 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 00 45 11 Bidders Prequalifications 00 45 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01—General Requirements 01 00 01 Abbreviations 01 1100 Summary of Work 01 11 10 Site Conditions 01 1216 Construction Sequence 01 13 10 Special Provisions 01 20 00 Measurement and Payment 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 013213 Control of Work 013216 Construction Progress Schedule 013300 Submittals 0135 13 Special Project Procedures 01 35 26 Trench Safety Requirements 01 35 43 Environmental Protection Procedures 01 45 23 Testing and Testing Laboratory Services 01 45 27 Equipment Testing and Startup 01 50 00 Temporary Facilities and Controls CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised December 20,2012 000000-2 TABLE OF CONTENTS - Page 2 of 3 Division 01—General Requirements(Cont.) 01 50 20 Construction Temporary Controls 0158 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 11 Material and Equipment 01 70 00 Mobilization and Remobilization 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents Division 02—Existing Conditions 02 41 00 Demolition and Modifications Division 03—Concrete 03 01 31 Modifications to Existing Concrete 03 1000 Concrete Formwork 03 1500 Concrete Joints and Joint Accessories - 03 20 00 Concrete Reinforcement 03 30 00 Cast-in-Place Concrete 03 34 13 Controlled Low Strength Material(CLSM) 03 35 00 Concrete Finishes 03 60 00 Grout Division 05—Metals 05 50 00 Miscellaneous Metals 05 52 00 Metal Handrails and Guardrails 05 53 00 Metal Gratings Division 09—Finishes 09 90 20 Finish Painting 0991 10 Surface Preparation and Shop Prime Painting Division 26—Electrical 26 00 00 Electrical-General Provisions 2605 19 Wires and Cables(600 Volt Maximum) 26 05 26 Grounding and Bonding System 26 05 29 Electrical Support Hardware 26 05 33 Raceways,Boxes,and Fittings 26 05 50 NEMA Frame Induction Motors,600 Volts and Below 26 05 73 Power System Study m 26 24 19 Low Voltage Motor Control Centers 26 27 26 Light Switches and Receptacles 2628 16 Low Voltage Enclosed Circuit Breakers and Disconnect Switches f 2641 19 Electrical Demolition 26 50 00 Lighting System CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised December 20,2012 000000-3 TABLE OF CONTENTS Page 3 of 3 Division 31—Earthwork 31 23 25 Granular Fill Materials 31 23 33 Trenching,Backfilling and Compaction 31 25 00 Sedimentation and Erosion Control Division 33—Utilities 33 1105 Bolts,Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 90 50 Buried Valves,Hydrants and Appurtenances Division 35—Waterway and Marine Construction 3520 17 Fabricated Stainless Steel Slide Gates Division 40—Process Integration 40 05 00 Piping—General Requirements 40 05 01 Pipe Testing—General Requirements 4005 13 Plastic Pipe and Fittings 4005 18 Ductile Iron Pipe and Fittings 40 05 50 Valves 40 05 70 Piping Specialties 40 05 75 Pipe Hangers and Supports 40 80 00 Process Instrumentation and Controls—Testing 40 90 00 Process Instrumentation and Controls—General Provisions 40 94 43 Process Instrumentation and Controls—Programmable Logic Controllers(PLC) 40 96 30 Process Instrumentation and Controls—Control Loop Descriptions 40 96 35 Process Instrumentation and Controls—Applications Engineering Services(AES) Division 46—Water Equipment 4641 12 Vertical Shaft Flocculators Appendices GC-6.06D MBE Compliance GC-6.07 Wage Rates GR-01 60 00 Product Requirements CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02i22 Revised December 20,2012 Division 00 General Conditions THIS PAGE LEFT INTENTIONALLY BLANK RHWTP Phase 6—Flocculation Basins Improvements City Project No.02122 000510-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page 1 of 1 SECTION 00 05 10 MAYOR AND COUNCIL COMMUNICATION(M&C) END OF SECTION CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 ' Revised July 1,2011 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday,April 14, 2015 REFERENCE NO.: C-27266 LOG NAME: 60RHWTP FLOCCULATION BASINS REHAB CONSTRUCTION SUBJECT: Authorize Execution of a Contract with Archer Western Construction,LLC.,in the Amount of$4,312,900.00 for the Construction of the Rolling Hills Water Treatment Plant Flocculation Basins Improvements,Phase 6, Provide for Project Costs and Contingencies for a Total Project Amount of$5,056,240.00 and Adopt Reimbursement Resolution(COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a construction contract with Archer Western Construction,LLC,in the amount of$4,312,900.00 for construction of the Rolling Hills Water Treatment Plant Flocculation Basins Improvements,Phase 6; and 2.Adopt the attached resolution expressing its official intent to reimburse expenditures with proceeds of future debt for the Rolling Hills Water Treatment Plant Flocculation Basins Improvements Phase 6 project. DISCUSSION: On March 25, 2014, (M&C C-26732)the City Council authorized the execution of an Engineering Agreement with CDM Smith, Inc.,in the amount of$537,420.00 for the design of the Rolling Hills Water Treatment Plant(RHWTP)Flocculation Basins Improvements,Phase 6. This Mayor and Council Communication is for the construction of the Rolling Hills Water Treatment Plant Flocculation Basins Improvements,Phase 6.This is the final phase of an upgrade project to increase the RHWTP capacity to 200 MGD from 160 MGD.The design and construction phases of the upgrade project were separated into six packages: Phase 1 − Ozonation Facilities,Phase 2 − Backwash Supply, Phase 3 −Plant Process Improvements,Phase 4−High Service Pump Station,Phase 5 −Chemical Facilities Improvements and Phase 6−Flocculation Basins Improvements.The first five phases of the project are complete. The Phase 6 project work includes the reconstruction of the existing Flocculation Basins No. 1 to No.4, and replacement of the existing three—stage,paddle wheel flocculation process with a two—stage, vertical turbine flocculation process.The vertical turbine process will be an open basin type configuration. Related electrical, structural, instrumentation and process/mechanical modifications will be performed as required for implementation of the improvements. Additionally,four isolation slide gates will be added in the hydraulic splitter box of each Rapid Mix Basin,preceding the flocculation basins. The project was advertised for bid in the Fort Worth Star&minus:Telegram on December 18, 2014 and December 25, 2014. On January 22, 2015,the following six bids were received: Bidder Total Bid Amount Contract Time Archer Western Construction, LLC $4,312,900.00 440 Calendar Days Ark Contracting Services $4,831,500.00 Bar Constructors $4,838,500.00 Cardinal Contractors $4,465,600.00 Gracon Construction, Inc $4,748,600.00 Pepper Lawson $4,589,000.00 In addition to the contract cost, the amount of$42,000.00 is required for Staff time and$130,000.00 is provided for project contingencies. Upon approval of this Mayor and Council Communication, appropriations for the Rolling Hills WTP Flocculation Basins Improvements,Phase 6 project will consist of the following: CDM Smith Inc.Engineering Contract $537,340.00 Archer Western Construction, LLC $4,312,900.00 Construction Staking, Project Management, Inspection,Material Testing, and Contingencies $172,000.00 Funding of Existing Project Expenditures $34,000.00 Project Appropriations 1$5,056,240.00 Fund Existing Additional Revised Encumbrances Balance Appropriations Appropriations Appropriations and Expenditures 2017 Water and Sewer Revenue $0.00 $4,484,900.00 $4,4849900.00 $0.00 $4,484,900.00 Bonds Capital Project Fund Water Capital Projects Fund $537,340.00 $34,000.00 $571,340.00 $547,896.06 $23,443.94 (P265) PROJECT $537,340.00 $4,518,900.00 $5,026,240.00 $547,896.06 $4,508,343.94 TOTAL This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Direct Purchase Note program will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one—percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short—term financing source, another funding source will be required, which could mean issuance of securities under the Direct Purchase Note program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold,bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. In accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue—supported debt issuances to the City Council for consideration within the next three years.The Financial Management Services Department is currently working with all departments to ensure that multi—year capital improvements plans are in place.Newly developed and already existing plans, such as the Water Department' s current multi—year capital improvement plan,will be presented to City Council for review and adoption. If the City Council—adopted plan does not include issuance of debt for this specific project,the project will be funded utilizing pay—as—you go financing sources. If the Council—adopted plan calls for debt issuance,that debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur,the costs will no longer be reimbursable by issuing tax—exempt debt and the funding source will have to be made whole through other budgetary methods. Adoption of this resolution does not obligate the City to sell bonds,but preserves the ability to reimburse the City from tax—exempt bond proceeds. Construction is anticipated to commence in June 2015.With a contract time of 440 calendar days,the construction is estimated to be completed by the end of September 2016. M/WBE Office− Archer Western Construction,LLC,is in compliance with the City's BDE Ordinance by committing to nine percent MBE participation and documenting good faith effort. Archer Western Construction,LLC, identified several subcontracting and supplier opportunities. However, the MBE's contacted in the areas identified did not submit the lowest bids.The City's MBE goal on this project is 22 percent. The project is located in COUNCIL DISTRICT 8,Mapsco 92S. FISCAL INFORMATION: The Financial Management Services Director certifies that appropriations are available as directed by M&C G-18375 in the 2017 Water and Sewer Revenue Bonds Capital Project Fund and in the Water Capital Projects Fund for transfer from Unspecified funding to the Rolling Hills Water Treatment Plant Flocculation Basins project for this contract, as depicted in the table: Available Remaining Fund Appropriation Transfer Available Amount Appropriation p Amount 2017 Water and Sewer Revenue Bonds Capital $86,474,093.06 $4,484,900.00 $81,989,193.06 Project Fund Water Capital Projects Fund F$49,715,254.341$34,000.00 $49,681,254.34 FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P265 511010 601510212220 $7.000.00 P265 485109 601159990100 $34.000.00 E265 511010 601510212230 $20.000.00 P266 485114 601159990100 $4.484.900.00 , P265 511010 601510212233 $3.000.00 P265 511010 601510212280 $1.000.00 P265 511010 601510212283 $3.000.00 P266 51101Q 6QI510212280 $40.000.00 P266 541200 601510212283 $4.442.900.00 P266 531350 601510212284 $2,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (8476) Originating Department Head: Andy Cronberg (5020) Additional Information Contact: Farida Goderya (8214) ATTACHMENTS 1. 02122—MDE COMPLIANCE MEMO for Archer Western revised,pf 2. 60RHWTP FLOCCITATION BASIN Reimb Resolution.doc 3.FAR-00002 CIP#02122 P266.12df 4. P266 485114.docx 5. PollingHillsWTP LocationMap.ndf 6. SAM EPLS check for Archer We,tern.pdf 000515-1 ADDENDA Page l of 1 SECTION 00 05 15 ADDENDA Addenda No. 1,No. 2 and No. 3 that were issued for Rolling Hills Water Treatment Plant Phase 6 -Flocculation Basins Improvements Project have been incorporated into these Conformed contract documents,and therefore, separate copies of the individual Addenda are not included in this Project Manual END OF SECTION I CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 001113-1 INMATION TO BIDDERS Page I of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Rolling Hills Water Treatment Plant(RHWTP)Flocculation Basins Improvements Project,Phase 6(Project)will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth,Texas 76102 until 1:30 P.M.CST,Thw9day,januai345,2014 Thursday,January 22,2015,and bids will be Q opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will generally consist of the following: The Project will include the modification of the existing RHWTP Flocculation Basins No. 1 —No.4 to accommodate replacement of the ' existing three-stage,paddle-wheel flocculation process with a two-stage,vertical-turbine flocculation process.The vertical-turbine process will be an open-basin type configuration, utilizing 8 mixers per basin. Related electrical,structural,instrumentation and processtmechanical modifications will be performed as required for implementation of the improvements. Additionally, four(4)48x42 inch manual,isolation slide gates will be installed within the existing,old Rapid Mix Basins No. 1 —No.4. Miscellaneous process and yard piping modifications and structural metal platforms/walkways will be constructed in association with the Flocculation Basin improvements. PREQUALIFICATION All contractors submitting bids are required to meet the Fort Worth Water Department(FWWD) special prequalification requirements for this project prior to submitting bids. The procedures for the special prequalification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS.Previous special prequalification by FWWD will not be considered as meeting this requirement. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthgoy.org/l)urchasine and clicking on the Buzzsaw link to the advertised project folders on the City's Buzz aw site.The Contract Documents may be downloaded,viewed,and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from: Chad Bartruff,PE CDM Smith 100 Throckmorton Street, Suite 600 Fort Worth,Texas 76102 (817)332-8727 CrTY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 The costs of Bidding and Contract Documents are: Set of Bidding and Contract Documents with full size drawings: $150.00 Set of Bidding and Contract Documents with half size drawings: $100.00 Electronic Set of Bidding and Contract Documents with drawings on CD: $25.00 PREBID CONFERENCE A prebid conference will be held as described in Section 00 21 13 -INSTRUCTIONS TO BIDDERS at the following location,date,and time: DATE: December 29,2014 TIME: 9:00 AM PLACE: Rolling Hills Water Treatment Plant 2500 Southeast Loop 820 Fort Worth,Texas 76140 LOCATION: Administration Building Conference Room CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. INQUIRIES -� All inquiries relative to this procurement should be addressed to the following: Attn: Farida Goderya, City of Fort Worth Email: farida.goderya@fortworthtexas.gov Phone: 817-392-8214 AND/OR Attn: Chad Bartruff,CDM Smith Email: bartruffcd@cdmsmith.com ` Phone: 817-332-8727 ADVERTISEMENT DATES December 11,2014 December 18,2014 END OF SECTION CITY OF FORT WORTH RHWT?Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 10 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 00-GENERAL CONDITIONS. 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting r directly through a duly authorized representative,submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2.Nonresident Bidder:Any person,firm,partnership,company,association,or corporation acting directly through a duly authorized representative,submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided)makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2.City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. - 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 3.1.All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding.Bids received from contractors who are not prequalified(even if inadvertently opened)shall not be considered. Prequalification requirement work types and documentation are as follows: 3.1.1: ; ; 0 0 . o CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised November 27,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 10 3.1.3. Water and Sanitary Sewer—City standard requirement documents located at; https://proi epVoint.buzzsaw.com/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Contractor%2OPrequalification[Water%2Oand%2 OSanitM%2OSewer%2OContractor%2OPrequalification%2OProwam/WSS%20pre qual%20requirements.doc?public Refer to the prequalification requirement documents in the following Sections: 00 45 11 Bidders Prequalifications 00 45 12 Prequalification Statement 00 45 13 Bidder Prequalification Application Proposing Contractors shall be prequalified in accordance with requirement documents stated above. Contractors who have previously submitted prequalifications,which have been approved by the City for the work defined herein,shall confirm with the City that the are currently listed isted prior to submission of a bid. http://fortworthtexas.gov/water/info/default.aspx?id=4638 Additional special prequalification requirements are described in ParNZVh 3.5. 3.2. Each Bidder unless currently prequalified,must be prepared to submit to City within Q €euteen P41 thirteen(13)calendar days prior to Bid opening,the documentation 1 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 prequalified contractor who is the apparent low bidder(s)for a project to submit such additional information as the City,in its sole discretion may require,including but not limited to manpower and equipment records, information about key personnel to be assigned to the project,and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame.Based upon the City's assessment of the submitted information,a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information,if requested,may be grounds for rejecting the apparent low bidder as non-responsive.Affected contractors will be notified in writing of a recommendation to the City Council. Refer to Paragraph 3.5 for additional s ep cial prequalification documentation that must be submitted by the Contractor for review and acceptance prior to the bid. 3.4.In addition to prequalification,additional requirements for prequalification may be required within various sections of the Contract Documents. 3.5.Special pregualification requirements apply to this project. This one-time special project- specific process will further prequalifypotential bidders whose bids will be considered for award based upon technical evaluation,historical schedule compliance evaluation, evaluation of proposed manager and project superintendent. It is the bidder's resvonsibility to submit documentation for those items listed below,to the designated CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised November 27,2012 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 10 representative of the Fort Worth Water DeRartment per Paragraph 6.1.at least€eeiteea E14)thirteen(13)calendar days prior to the date of bid opening.The Water Department Qi may request any other documents it may deem necessary.AW additional documents so requested shall be submitted to the Director of the Water Department or his designated reyresentative at least seven(7)calendar days prior to the date of the opening bids. Special prequalification documentation shall include the following: 3.5.LCOVER LETTER. The cover letter provided by the prospective bidder with the pregualification information must include the name of a contact individual that the City may contact for additional information if needed. 3.5.2.EXPERIENCE RECORD. For an experience record to be considered to be acceptable fora given project,it must reflect the experience of the firm seeking qualification in the work of both the same nature and technical level as that of the project for which bids are to be received. Experience must be on projects that were completed no more than 5 years prior to the date on which bids will be received. A �. minimum of three references must be included. References must include a contact person name,telephone number,project name and total cost,and We of work done. 3.5.3.PERSONNEL AND SCHEDULE COMPLIANCE RECORD. The prospective bidder shall submit the names and resumes for the proposed project manager and project superintendent. This information shall include a list of all projects that the proposed project manager and project superintendent completed within the last five (5)years to demonstrate ability to coordinate complex plant rehabilitation work and to perform work while maintaining critical shutdown schedules,regardless of by whom they were employed. Provide list of contact persons for all projects (preferably field inspectors or resident engineers)with names and phone numbers for the last five years' project. 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 4.1.Before submitting a Bid,each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents(including"technical data" referred to in Paragraph 4.2.below).No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto,shall be binding upon the City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and site conditions that may affect cost,progress,performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress,performance or famishing of the Work. 4.1.4. (Reserved) CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised November 27,2012 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities)that have been identified in the Contract Documents as containing reliable "technical data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, at the Site that have been identified in the Contract Documents as containing reliable"technical data." 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish.All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents.No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Perform independent research,investigations,tests,borings,and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project.On request,City may provide each Bidder access to the site to conduct such examinations, investigations, explorations,tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations,investigations,tests and studies. 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work,time required for its completion,and obtain all information required to make a proposal.Bidders shall rely exclusively and solely upon their own estimates,investigation,research,tests,explorations,and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima-facie evidence that the Bidder has made the investigation,examinations and tests herein required.Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or between the Contract Documents and such other related documents.The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 4.2.1.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. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S City Project No.02122 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 10 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. 4.3.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 famishing 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 famishing the Work. 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract Documents. 5. Availability of Lands for Work,Etc. 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities,construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way,easements,and/or permits are not obtained,the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. - 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way,easements,and/or permits,and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised November 27,2012 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 10 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 -� both the City and Engineer 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 the City and Engineer in response to such �. questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. — Address questions to: City of Fort Worth 1000 Throclmlorton Street Fort Worth,TX 76102 Attn: Farida Goderya,P.E.Water Department Email:Farida.Goderya@fortworthtexas.gov Phone: 817-392-8214 And CDM Smith 100 Throclmlorton Street, Suite 600 Fort Worth,TX 76102 Attn: Chad Bartruff,P.E. Email: bartruffcdna,cdmsmith.com Phone: 817-332-8727 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3.Addenda or clarifications maybe posted via Buzzsaw at http://fortworthtexas.goy/purchasine/ 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or �. INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security — 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 10 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award,City may consider Bidder to be in default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. T 8. Contract Times The number of days within which,or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract, if awarded,will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or"or-equal"items. Whenever it is indicated or specified in the Bidding Documents that a"substitute"or"or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City,application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A.,6.05B.and 6.05C.of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. { 11. Subcontractors,Suppliers and Others 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 12-2011 (as amended),the City has goals for the participation of minority business and/or small business enterprises in City contracts.A copy of the Ordinance can be obtained from the Office of the City Secretary.The Bidder shall submit the MBE and SBE Utilization Form,Subcontractor/Supplier Utilization Form,Prime Contractor Waiver Form and/or Good Faith Effort Form with documentation and/or Joint Venture Form as appropriate.The Forms including documentation must be received by the City no later than 5:00 P.M. CST,five(5)City business days after the bid opening date.The Bidder shall obtain a receipt from the City as evidence the documentation was received.Failure to comply shall render the bid as non- responsive. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents;additional copies maybe obtained from the City. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised November 27,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 10 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit price item listed therein. In the case of optional alternatives,the words"No Bid," "No Change," or"Not Applicable"may be entered.Bidder shall state the prices, —F written in ink in both words and numerals,for which the Bidder proposes to do the work contemplated or furnish materials required.All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals,the price in written words shall govern. 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. F 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, marked with the City Project Number,Project title,the name and address of Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope with the notation"BID ENCLOSED" on the face of it. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised November 27,2012 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 10 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.After all Bids not requested for withdrawal are opened and publicly read aloud,the Bids for which a withdrawal request has been properly filed may, at the option of the City,be returned unopened. 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates(if any)will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may,at City's sole discretion,release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids,including without limitation the rights to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price,contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders,Bidder is an interested 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. City may consider the qualifications and experience of Subcontractors,Suppliers,and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers,and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs,maintenance requirements,performance CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised November 27,2012 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of 10 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 contractor award a Notice of Award will be issued by T- the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds,Certificates of Insurance,and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised November 27,2012 003513 BID FORM Page 1 of 1 SECTION 00 3513 CONFLICT OF INTEREST AFFIDAVIT Each bidder,offeror, or respondent(hereinafter also referred to as"youl to a City of Fort Worth(also referred to as"City") procurement are required to complete Conflict of interest Questionnaire(the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form) below pursuant to state law.This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work.The referenced forms may also be downloaded from the website links provided below. http:Nwww.ethics.state.bc.us/forms/CIQ.pdf http:Nwww.ethics.state.tx.us/forms/CIS.pdf CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: By: At�nls �frnr �c�fn. It�sT�' LLG Signature: Title: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 4100_00 4313 00 42 4300 43 37 00 45 1200 35 13Bld Proposal Workbook_REVids r 0041 00 pf BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Rolling Hills Water Treatment Plant Phase 6-Flocculation Basins Improvements Project City Project No.: 02122 Water Project No.: P265-601510212280 Units/Sections: NOT USED 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 a• 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. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS .� Farm Revised 20120327 00 41 0000 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook_REV.xls 0041 00 BID FORM Page 2 of 3 -- Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Facility Water Treatment Plant 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 440 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 I'll b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph �• 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIO or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the '* space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 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. Total Bid $ !S 7. Bid Submittal CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook_REV.xis W41 00 BID FORM Pape S d 3 This Bid Is submitted on �'li�i by the entity named below. Respe xy s Receipt Is acknowledged of the following Addenda: initial �► Addendum No. 1: (Signature) Addendum No.2: /,I,�, c� Addendum No.3: /Gtin�-ter Addendum No.4: (PrintedName) Title: / if5 fOglur Company: A,*e Corporate Seal: Address: IT'f 6X#11 "IA) % 'x /J State of Incorporation: Utl.1� Email: ` 1�FWt glW q7,? . 4s-7- 05-00 Phone: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120327 00 410000 4313 00 42 41 00 43 S7 00 451200 351 Uld Proposal W ajftdLREV.* 00 42 43 RID PROPOSAL Page 101'l SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item DescSpecification Unit of Bid No. II�1O° Section No. Measure Quantity Unit Price Bid Value Flocculation Basins Improvements-Demolition and 41 modification of the existing flocculation basins .�.j �0". 1 (excluding electrical,and instrumentation)and the NA 1 LS z 1154 installation and start-up of the new flocculation / 2 Trench Safety Systern. TTM 01 3526 300 LF Vertical Shaft Flocculators-Total cost associated with 3 provision of the specified flocculation equipment in 4641 12 1 LS Section 46 41 12 for Flocculation Basins No.1-No.4 Y ��� /000 d00 4 Service Water Piping Improvements All site/civil and NA 1 LS mechanicalprocess piping - a_ 2yD�boa. ZNd�boo.b Old Rapid Mix Basin Slide Gates -Total cost 5 associated with provision and installation of new slide 35 20 17 1 LS Gy OGb.�� 44 000.~ _gates in accordance with.Section 35 20 17, " Electrical Improvements-Total cost for all electrical and 6 instrumentation improvements shown and described in NA 1 LS 04 00o the contract documents_ Rapid Mix Basin Access Platforms-Total cost for « 7 fabrication,supply,and installation of the access NA 1 LS ow.•• platforms. Total Bid r 400 Bidder shall listed below the subcontractor firms that will be used on this project for the following work items: Process Control System Integrator(PCSI)will c: �;,a 4C. ev fc r Electrical subcontractor will be: F f c�NOW Flocculator manufacturer(OEM)will be: E/e -+ f�rC 411AP, END OF SECTION 1. CITY OF FORT WORTH k6 r r STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 W 41 00 W 43 1300 42 4300 43 37—W 43 12_00 35 13 aid Proposal Workbook REV cmf xb 004313 BID BOND Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) hereinafter called the Principal,and(Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of and No/100 Dollars ($ .00), the payment of which sum will be well and truly made and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Rolling Hills Water Treatment Plant Phase 6-Flocculation Basins Improvements Project NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the properly of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of 2014. By: (Signature and Title of Principal) 'By: (Signature of Attorney-of--Fact) 'Attach Power of Attorney(Surety)for Attomey-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110827 00 410000 43 1300 42 43_00 43 3700 45 1200 35 13—Bid Proposal Workbook REVxrs V0 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 WE 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. ❑x BIDDER: By: (Signature) Title Date: �Y r END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 410000 43 13_00 42 43_00 43 3700 45 12_00 35 13—Bid Proposal Workbook_REV.xIs 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 SECTION 00 4511 BIDDERS PREQUALIFICATIONS 1. Summary.All contractors are required to be prequalified by the City prior to submitting bids.To be eligible to bid the contractor must submit Section 00 45 12,Prequalification Statement for the work type(s)listed with their Bid.Any contractor or subcontractor who is not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder Prequalification Application in accordance with the requirements below. fimmeial analysis of aw eeff#aetef.The h&FnImien must be submined gown(7)days P to the"of the opening of bids.For-S*Rffiple,a eefftFaeter-%4shifig to submit bids on A f The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor.The information must be submitted in accordance with 1 Section 00 21 13—INSTRUCTIONS TO BIDDERS prior to the date of bid opening. In order to expedite and facilitate the approval of Bidder's Preaualification Application,the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements,if any b. A certified copy of the firm's organizational documents(Corporate Charter,Articles of Incorporation,Articles of Organization,Certificate of Formation,LLC Regulations,Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun&Bradstreet.This number is used by the City for required reporting on Federal Aid projects.The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and A scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements.Financial statement submission must be provided in accordance with the following: CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. (2) To be satisfactory,the financial statements must be audited or reviewed by an independent,certified public accounting firm registered and in good standing in any state.Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. _ (3) The accounting firm should state in the audit report or review whether the contractor is an individual,corporation,or limited liability company. (4) Financial Statements must be presented in U.S.dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not,in fact,independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America.This must be stated in the accounting firm's opinion. t It should:(1)express an unqualified opinion,or(2)express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter,in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts.Bidding capacity is determined by multiplying the positive net working capital(working capital=current assets—current liabilities)by a factor of 10.Only those statements reflecting a positive 4 net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time anew financial statement is being prepared,the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects.Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report,the notation of ■ "None"or"N/A"should be inserted. (2) A minimum of five(5)references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer,model and general common description of each piece of equipment.Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid + a. The City shall be the sole judge as to a contractor's prequalification. I CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 b. The City may reject,suspend,or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CM'OF FORT WORTH RffWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 00 45 12 BID FORM 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. .W Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Facility Water Treatment Plant %1-,!4157-1tAe4Vc j LLC, #R,t, 30,Zoe S The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: By: zeom, P•k" r t, (Signature) Title: /IQfSfV al Date: 12111!>11-1 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 410000 43 1300 42 4300 43 3700 45 1200 35 13 Bid Proposal Workbook REV.xis FORTWORTH SECTION 00 4513 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership Name under which you wish to qualify General Partnership Corporation Limited Liability Company Post Office Box City State Zip Code Street Address(required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No.(if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 0045 13-2 �. BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) ® Has fewer than 100 employees and/or Has less than$6,000,000.00 in annual gross receipts OR ® Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches,and 350 LF or less Tunneling-36-Inches—60—inches,and greater than 350 LF Tunneling—66"and greater,350 LF and greater Tunneling—66"and greater,350 LF or Less '- Cathodic Protection Facility Water Treatment Plant Water Distribution,Development,8-inch diameter and smaller Water Distribution,Urban and Renewal,8-inch diameter and smaller Water Distribution,Development, 12-inch diameter and smaller Water Distribution,Urban and Renewal, 12-inch diameter and smaller Water Transmission,Development,24-inches and smaller Water Transmission,Urban/Renewal,24-inches and smaller Water Transmission,Development,42-inches and smaller ■ Water Transmission,Urban/Renewal,42-inches and smaller Water Transmission,Development,All Sizes Water Transmission,Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV,8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller , CCTV,24-inches and smaller CCTV,42-inches and smaller r CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised December 20,2012 r 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES,CONTINUED Sewer CIDP, 12-inches and smaller Sewer CIDP,24-inches and smaller Sewer CIDP,42-inches and smaller Sewer CIDP,All Sizes Sewer Collection System,Development,8-inches and smaller Sewer Collection System,Urban/Renewal,8-inches and smaller Sewer Collection System,Development, 12-inches and smaller Sewer Collection System,Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development,24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development,48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement,All Sizes Sewer Cleaning,24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning,8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction(15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction(15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised December 20,2012 004513-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so,where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contrllact? If so,state the name of the individual,other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so,state the name of the individual,name of owner and reason. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised December 20,2012 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so,when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner,officer,director,or stockholder of your firm is an employee of the City,or shares the same household with a City employee,please list the name of the City employee and the relationship. In addition,list any City employee who is the spouse,child,or parent of an owner, officer,stockholder,or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition.This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised December 20,2012 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization - Charter/File No. Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No.(if Limited Partnership) General Partners/Officers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization -° File No. Individuals authorized to sign for Partnership Officers or Managers(with titles,if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised.Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised December 20,2012 r 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 r 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 PW Various- TOTAL Similar types of equipment may be lumped together.If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various".The City,by allowing you to show only 30 types of equipment,reserves the right to request a complete,detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification.In the description include,the manufacturer, model,and general common description of each. ,rk CrrY OF FORT WORTH RHWTP Phase 6 e Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised December 20,2012 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given;that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information,while this statement is in force,necessary to verify said statement. being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the .� said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer,director,or stockholder or relative thereof. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised December 20,2012 00 45 26-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Papa 1 of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No.02112.Contractor further certifies that,pursuant to Texas Labor Code,Section 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: f I� Akhgr L1�sm4d Uc By: lEL �- Company f(Please Print)j )a 1K Signature: Address I / I� M&IX 201M Title: AW- 0 City/Statemp (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared PA&I It L P, 1,,xA Ls u ,known to me to be the person whose name is subscribed to the foregoing instrument,and c owledged to me that he/she executed the same as the act and deed of [a,¢ � �t SrRtcu'lo &&for the purposes and �_lL.�j� � consideration therein expressed and in the capacity therein stated. G UNDBR.MY HAND AND SEAL OF OFFICE this 2Z _day of 201.5' A I'r}141' JAMIE DENISE MONK *= MY COMMISSION EXPIRES Notary !rc in and for the State of xas Aupd21,2017 END OF SECTION CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basica Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMBN73 City Project No.02122 Revised July 1,2011 r 004540-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 2 SECTION 00 45 40 MINORITY BUSINESS ENTERPRISE GOAL APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. MBE PROJECT GOAL The City's MBE goal on this project is 22% of the total bid (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS .. On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 3. Good Faith Effort documentation,or; 4. Waiver documentation. Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- responsive.Any questions,please contact the M/WBE Office at(817)392-6104. SUBMITTAL OF REQUIRED DOCUMENTATION The appheable deeameffts must be r-eeeived by the N4aaaging Department, within the follewin-�g The Bidder shall deliver the MBE documentation either in person to the appropriate employee of the ManWjng Department and obtain a date/time receipt: OR via email to the City employee identified in the Instructions to Bidders, Section 00 21 13, Par=gRh 6.1. Contractor shall be solely l—, responsible for verification/confirmation of email delivery receipt. Such receipt shall be evidence that the City has received the documentation in the time allocated. A faxed copy will not be acce ted." 1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if participation is less than the bid opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid o enin date. 4. Prime Contractor Waiver Form,if firm will received by 5:00 .m., five 5 City business days after CH Y OF FORT WORTH RHWTP—Phase 6 Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised December 20,2012 004540-2 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 2 of 2 perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. a 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid o enin date. END OF SECTION CITY OF FORT WORTH RHWTP—Phase 6 Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised December 20,2012 005243-1 AGREEMENT Page 1 of 4 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on April 14. 2015 is made by and between the City of Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Archer Western Construction. LLC , authorized to do business in Texas,acting by and through its duly authorized representative,("Contractor"). 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: Rolling Hills Water Treatment Plant,Phase 6—Flocculation Basins Improvements Project City Project No. 02122 Water Project No. P265-601510212280 Article 3.CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 440 days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 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 Dollars ($1.000.00) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. M n < OFFICIAL RECORD M CITY SECRETARY Z FT.WORTH,TX CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements CID STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 P,3 Revised August 17,2012 .... L." 005243-2 AGREEMENT Page 2 of 4 Article 4. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount in current funds of Four-million,three-hundred twelve thousand,and nine-hundred Dollars($ 4,312,900.00 ). Article 5.CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents(project speck) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Commitment Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued,become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised August 17,2012 005243-3 AGREEMENT Page 3 of 4 Article 6.INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of,the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs,expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city,its officers,servants and employees,from and against any and all loss,damage or destruction of property of the city,arising out of,or alleged to arise out of,the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act,omission or negligence of the city. Article 7.MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the a 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. 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. 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 D' Northern District of Texas,Fort Worth Division. OFFICIAL RECORD CITY SECRETARY FT. (NORTH,TX CITY OF FORT WORTH RHWTP Phase 16—Fl cculation Basins Irn rove ents STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project-No.-U2122 Revised August 17,20I2 005243-4 AGREE MFNT Page 4 of 4 7.6 Other Provisions. The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified, promulgated and set out by the City, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 7.7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties("Effective Date"). Contractor: City of Fort Worth � Archer Western Construction, LLC B . �C:t++.ew.v(o ��►�— Fernando Costa B0 Assistant City Manager QFF01r a-az� (Signature) •�► �,� Date glz hs o Daniel P. Walsh o Attest: ao8�y (Printed Name) City Sec etaooaoo0co (Seal) rAS Title: President Address: 1411 Greenway Drive M&C C - 212- Date: 41 1 2,:) 1 fCity/State/Zip: Irving,TX 75038rov to rm and Legality: OApril 14 2015 Date Douglas W.Black Assistant City Attorney APPROVAL RECOMMENDED: Joyn Robert Ca an rector Water Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised August 17,2012 Bond Number: 106224217 0061 13-1 PERFORMANCE BOND Page 1 of 2 SECTION 00 6113 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Archer Western Construction,LLC ,known as "Principal"herein and Travelers Casualty and Surety Company ,a corporate surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas,known as"City"herein, in the penal sum of, Four-million,three-hundred twelve thousand,and nine-hundred DOLLARS ($ 4,312.900.00 ),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 entered into a certain written contract with the City awarded the 14 day of April , 2015 ,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories defined by law,in the prosecution of the Work, including any Change Orders,as provided for in said Contract designated as Rolling Hills Water Treatment Plant Phase 6—Flocculation Basins Improvements, City Project No. 02122. NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders,under the Contract,according to the plans, specifications,and contract documents therein referred to,and as well during any period of extension of the Contract that may be granted on the part of the City,then this obligation shall be and become null and void,otherwise to remain in full force and effect. 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. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 006113-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended,and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 24 day of APdl 20 15• PRINCIPAL: Archer Western Construction,'.LC BY: ignature ATTE �41061 J 91 Daniel P. Walsh, President (Principa)Secretary Matthew M. Walsh IV Name and Title Address: 1411 Greenway Drive Irving,TX 75038 Witnes as t Principal Justine Miele ' SURETY: Travelers Casualty and Surety CqW y BY: Signfre Kerry Pecora,Attorney-in-Fact Name and Title Address: One Tower Square Hartford, CT 06I83 Witne s as Surety Jodi Wallace Telephone Number: 630-961-7037 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 Bond Number: 106224217 0061 14-1 PAYMENT BOND Page 1 of 2 SECTION 00 6114 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Archer Western Construction, LLC , known as "Principal" herein, and Travelers Casualty and Surety Company , a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety"herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas,known as "City"herein, in the penal sum of, Four-million, three-hundred twelve thousand, and nine-hundred DOLLARS ($ 4.312.900.00 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County,Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS,Principal has entered into a certain written Contract with City, awarded the 14 day of April , 20 15 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Rolling Hills Water Treatment Plant Phase 6 — Flocculation Basins Improvements Project, City Project No. 02122. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 006114-2 PAYMENTBOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the ok�J day of nVa 20 E' PRINCIPAL: Archer Western Construction,LLC ATTEST: BY: 14�M�)Q� Signature Daniel P. Walsh,President (Principal)Secretary Matthew M. Walsh IV Name and Title Address: 1411 Greenway Drive Irving,TX 75038 Witne4&zsJo Principal Justine Miele SURETY: Travelers Casualty and Surety Company ATTEST: BY: ,1,4rx Si ature Kerry Pecora, Attorney-in-Fact J& (Surety Jodi Wallace, Witness Name and Title Address: One Tower Square Hartford, Cr 06183 Witdess as t4 Surety Stephanie Wiater Telephone Number: 630-961-7037 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,both 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 RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 Bond Number: 106224217 0061 19-1 MAINTENANCE BOND Page 1 of 3 SECTION 00 6119 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Archer Western Construction,LLC ,known as "Principal"herein and Travelers Casualty and Surety Company ,a corporate surety (sureties,if more than one)duly authorized to do business in the State of Texas,known as "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, in the sum of, Four-million,three-hundred twelve thousand, and nin5e-hundred DOLLARS . ($ 4.312.900.00 ), lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for payment of which sum well and truly be made unto the City and its successors,we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the City awarded the 14 day of APS 20 15 ,which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories as defined by law,in the prosecution of the Work,including any Work resulting from a duly authorized Change Order(collectively herein, the"Work")as provided for in said contract and designated as Rolling Hills Water Treatment Plant Phase 6—Flocculation Basins Improvements, City Project No. 02122; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans,specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two(2)years after the date of Final Acceptance of the Work by the.City("Maintenance Period");and WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE,the condition of this obligation is such that if Principal shall remedy any defective Work,for which timely notice was provided by City,to a completion satisfactory to the City,then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER,that if 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 RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 006119-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 24 day of April, 20 15 . PRINCIPAL: Archer Western Construction, LLC BY: Signature ATTEST / t Daniel P. Walsh,President (Principal)Secretary Name and Title Matthew M. Walsh N Address:1411 Greenway Drive Trying, TX 75038 Witne o Principal Justine Miele SURETY: Travelers Casualty and Surety Company BY: fit Signat e Kerry Pecora, Attorney-in-Pact AT ST: Name and Title _ Address: One Tower Square (Sure fitness, 0 i Wallace Hartford, CT 06183 7 Witness as to Arety Stephanie Wiater Telephone Number: 630-961-7037 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH RHWTP Phase 6—Flocculation Basins Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02122 Revised July 1,2011 RIM WARNING THIS POWER OF ATTORNr;Y IS INVALID W TROUT THE REL BORDER POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 225482 Certificate No. 006190251 W KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the +� laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Brian R.Walsh,J.William Ernstrom,Jodi Wallace,and Kerry Pecora of the City of Chicago State of Illinois their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. � IN WITNESS HEREOF,the CompMfhave caused this instrument to be signed and their corporate seals to be hereto affixed,this l0th ate day of +t Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Lm OpP"Yrr �•� JF\0.E44 �TM��NSli .�1MSUq J'TY 4N0 ,yR ",Y� O • P• 9 �foPvoR,,,f:�t P�� PORq c�L n' 2 �( m W'� rF'..�� � �; -' : � W sAmroro, InnrFar� � cess �;SE AL i2i �;SS�I L:'3 W\ �""� /c \ "" /8 mph 15.A�� 1r..........'+ +� AlM State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President 10th March 2015 On this the day of ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. W `� My Commission expires the 30th day of June,2016. p�"G Marie C.Tetreault,Notary Public on 58440-8-12 Printed in U.S.A. WARNING:THIS PCwI€R OF ATTORNEY IS INVALID WITHOUT THE RED BORL)ER WARNING'T1-IIS POWER OF ATTORNEY IS INVALIIp YWITHOQT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing MW is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of f.1 / -,20 Kevin E.Hughes,Assistant Sec tary G�SUq Ff0.E 6 0.M SNS t INdU tlY AN Y ? +)` J 4 O.,'•.""U,y Jp'!.........:?q qJP Oe ,t,1MCWtA ,� 't'YO I� To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. w dim WAR NING:THIS POWER Or ATTOFINEY IS INVALID WiTROUT THE RED SORDER DATE(MM/DD/YWY) CERTIFICATE OF LIABILITY INSURANCE oz/t mots THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the w certificate holder in lieu of such endorsement(s). �.e PRODUCER CONTACT _NAME; dt a Aon Risk services central, Inc. Chicago IL Office A/C No.Ext): (866 283-7122 (aC No.): 800-363-0105 a 200 East Randolph E-MAIL o Chicago IL 60601 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A Allied world National Assurance Company 10690 Archer Western Construction. LLC INSURER B: Arch Insurance Company 11150 1411 Greenway Drive INSURER C: Irving TX 75038 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570056801584 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested s LTR TYPE OF INSURANCE INSD WVD I POLICY NUMBER MM/DD MM/DD LIMITS B X COMMERCIAL GENERAL LIABILITY 1PKG 1 1 1 5 EACH OCCURRENCE $1,000,000 CLAIMS-MADE r_7 DAMAGE T $300,000 PREMISES Ea occurrence MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 m GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 c POLICY ❑X PEO- ❑X LOC PRODUCTS-COMP/OP AGG $2,000,000 CD OTHER: o n B 41PKG8901908 06/01/2014 06/01/2015 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $2,000,000 AOS Ea accident B X ANY AUTO 41CAB8902008 06/01/2014 06/01/2015 BODILY INJURY(Per person) O Z ALL OWNED SCHEDULED MA ONLY AUTOS AUTOS BODILY INJURY(Per accident) Or NON-OWNED PROPERTY DAMAGE V HIRED AUTOS AUTOS Per accident) w 01 '0` UMBRELLA LIAB X OCCUR 03056149 06/01/2014 06/01/2015 EACH OCCURRENCE $10,000,000 V X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION B WORKERS COMPENSATION AND 41WC18910901 06/01/2014 06/01/2015 X STATUTE ETH- EMPLOYERS'LIABILITY .3 ANY PROPRIETOR I PARTNERI EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000�— B Misc Liab Cvg 41GPP8902108 06/01/2014 06/01/2015 Each Occurrence $1,000,000 Excess General Liability Aggregate $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Rolling Hills w-rP Phase 6 - Flocculation Basins Improvements Project, City Project No. 02122; AWC Sob No.: 215024. See attached. CERTIFICATE HOLDER CANCELLATION X� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, City Of Fort Worth AUTHORIZED REPRESENTATIVE 1000 Throckmorton Street f Ft. Worth, TX 76102 USA ©1988-2014 ACORD CORPORATION.AN rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD