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HomeMy WebLinkAboutContract 58566 FORTWORTH. CSC No. 58566 CONTRACT FOR THE CONSTRUCTION OF 2023 ASPHALT RESURFACING CONTRACT 2 AT VARIOUS LOCATIONS City Project No. 104178 Mattie Parker David Cooke Mayor City Manager Lauren Prieur Interim Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX FORTWORTH ., '1141 City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0&454-5 A4deff& �n �nmrvi4044 00 11 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0&43-4 noii T 00 45 12 Pre qualification Statement 09/30/2021 09 n 3/202 00 45 26 Contractor Compliance with Workers'Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 08/22/2022 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01 -General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 0135 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 5713 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 04-� Produet Storage and Handling Requirements- n7/n�4 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104178 Revised June 10,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 32-Exterior Improvements 32 11 23 Flexible Base Courses 12/20/2012 32 13 20 Concrete Sidewalks,Driveways and Barrier Free Rams 12/9/2021 3291 19 Topsoil Placement and Finishing of Parkways 3/11/2022 Division 33-Utilities 3305 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to 03/11/2022 Grade Division 34-Transportation 3471 13 1 Traffic Control 03/22/2021 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: http://fortworthtexas.gov/tpw/contractors/ or https:Happs.fortworthtexas.,aov/Proi ectResources/ Division 02-Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 0241 15 Paving Removal 02/02/2016 Division 03-Concrete 03 30 00 1 Cast-In-Place Concrete 03/11/2022 Division 31 -Earthwork 31 00 00 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 31 25 00 Erosion and Sediment Control 04/29/2021 Division 32-Exterior Improvements 32 1133 Cement Treated Base Courses 06/10/2022 32 12 16 Asphalt Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 06/10/2022 32 17 25 Curb Address Painting 11/04/2013 32 92 13 Sodding 05/13/2021 Division 33-Utilities 3305 10 Utility Trench Excavation,Embedment, and Backfill 04/02/2021 3305 13 Frame, Cover and Grade Rings 12/09/2021 3305 16 Concrete Water Vaults 12/20/2012 3305 17 Concrete Collars 03/11/2022 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104178 Revised June 10,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 33 1210 Water Services 1-inch to 2-inch 02/14/2017 Appendix GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GN-1.0 General Notes SD-1.0 Standard Construction Details PQ-1.0 Project Map and Quantity END OF SECTION CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104178 Revised June 10,2022 City of Fort Worth, Texas Mayor and Council Communication DATE: 11/29/22 M&C FILE NUMBER: M&C 22-0999 LOG NAME: 2023 ASPHALT RESURFACING CONTRACT 2 SUBJECT (CD 8 and CD 9)Authorize Execution of a Contract with Peachtree Construction, Ltd.,in the Amount of$1,841,526.65 for 2023 Asphalt Resurfacing Contract 2 at Various Locations RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Peachtree Construction, Ltd.,in the amount of$1,841,526.65 for 2023 Asphalt Resurfacing Contract 2 project(City Project No. 104178)at various locations. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to authorize execution of a contract with Peachtree Construction, Ltd., in the amount of$1,841,526.65 for 2023 Asphalt Resurfacing Contract 2 project(City Project No. 104178)at various locations. In the Fiscal Year 2023 Pay-Go Contract Street Maintenance Program,various types of street maintenance are grouped into specific contract packages.The recommended construction contract outlined in this Mayor and Council Communication(M&C)will provide street rehabilitation for approximately three lane miles on seven street segments listed below under the Contract Street Maintenance Program for the 2023 Asphalt Resurfacing Contract 2 project(City Project No. 104178). Street From Eo Procedure Lane Mile Belle Place West Freeway Fovellvenue Pulverization Overlay 0.23 Brunswick Street Alamo Avenue West Vickery Boulevard Pulverization Overlay 0.41 Clymer Street Alamo Avenue West Vickery Boulevard Pulverization Overlay 0.41 Thomas Place Lovell Avenue Alamo Avenue Pulverization Overlay 0.46 Tremont Avenue Curzon Avenue Diaz Avenue Pulverization Overlay 0.49 Wirfield Street Alamo Avenue West Vickery Boulevard Pulverization Overlay 0.41 Yuma Avenue East Myrtle Street Elmwood Avenue Pulverization Overlay 0.44 Total ]F86 Construction for this project is expected to start in winter 2022 and be completed by summer 2023. Upon completion of the project there will be no anticipated impact on the General Fund operating budget. This project was advertised for bid on August 4,2022 and August 11,2022 in the Fort Worth Star-Telegram.On August 25,2022,the following bids were received: Bidders Amount Peachtree Construction,Ltd. 11,841,526.65 1 i1 J Texas Bit $1,871,687.60 Advanced Paving Company $1,945,000.60 Funding is budgeted in the TPW Highway&Streets Department's General Capital Projects Fund for the purpose of funding the 2023 Asphalt Resurfacing Contract 2,as appropriated. M/WBE OFFICE—Peachtree Construction,Ltd. is in compliance with the City's Business Equity Ordinance by committing to 18%Business Equity participation on this project.The City's Business Equity goal on this project is 17%. This project is located in COUNCIL DISTRICTS 8 and 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget,as previously appropriated, in the General Capital Projects Fund for the 2023 Asphalt Resurfacing Contract 2 project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred,the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. William Johnson 5806 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 0011 13 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of 2023 ASPHALT RESURFACING CONTRACT 2,City 5 project No. 104178 will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. 6 CST,Thursday,August 25,2022 as further described below: 7 8 City of Fort Worth 9 Purchasing Division 10 200 Texas Street 11 Fort Worth,Texas 76102 12 13 Bids will be accepted by: US Mail,Courier,FedEx or hand delivery at the address above; 14 15 Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. 16 17 GENERAL DESCRIPTION OF WORK 18 The major work will consist of the(approximate)following: 19 20 21,825 SY 3"Asphalt Pavement Surface Course,Type D 21 21,825 SY I I"Pavement Pulverization 22 12,126 LF 7"Curb and Gutter 23 3,925 SF 6"Concrete Driveway 24 25 PREQUALIFICATION 26 Certain improvements included in this project must be performed by a contractor or designated 27 subcontractor who is pre-qualified by the City at the time of bid opening. The procedures for 28 qualification and pre-qualification are outlined in the Section 3 of 00 21 13—INSTRUCTIONS 29 TO BIDDERS. 30 31 DOCUMENT EXAMINATION AND PROCUREMENTS 32 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 33 of Fort Worth's Purchasing Division website at http://www.fortworthtexas.goy/purchasing/and 34 clicking on the link to the advertised project folders on the City's electronic document 35 management and collaboration system site. The Contract Documents may be downloaded, 36 viewed, and printed by interested contractors and/or suppliers. 37 38 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817- 39 392-8363. City of Fort Worth,TPW,200 Texas St.,Fort Worth,TX 76102. 40 41 The cost of Bidding and Contract Documents is: $30.00 42 43 EXPRESSION OF INTERSEST 44 To ensure potential bidders are kept up to date of any new information pertinent to this project,all 45 interested parties are requested to email Expressions of Interest in this procurement to the City 46 Project Manager and the Design Engineer. The email should include the company's name, 47 contact person and that individual's email address and phone number. All Addenda will be 48 distributed directly to those who have expressed an interest in the procurement and will also be 49 posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 2 of 2 50 51 PREBID CONFERENCE—Web Conference 52 A prebid conference will be held as discussed in Section 00 21 13 -INSTRUCTIONS TO 53 BIDDERS at the following date,and time via a web conferencing application: 54 DATE: Wednesday,August 17,2022 55 TIME: 10.00 A.M. 56 Invitations with links to the web conferencing application will be distributed directly to those 57 who have submitted an Expression of Interest. 58 59 If a prebid conference is held,the presentation and any questions and answers provided at the 60 prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not 61 being held,prospective bidders can e-mail questions or comments in accordance with Section 6 62 of the Instructions to Bidders referenced above to the project manager(s)at the e-mail addresses 63 listed below.Emailed questions will suffice as"questions in writing."If necessary,Addenda will 64 be issued pursuant to the Instructions to Bidders. 65 66 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 67 City reserves the right to waive irregularities and to accept or reject any or all bids. 68 69 AWARD 70 City will award a contract to the Bidder presenting the lowest price, qualifications and 71 competencies considered. 72 73 FUNDING 74 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 75 revenues generated from bonds,grants etc. and reserved by the City for the Project. 76 77 INQUIRIES 78 All inquiries relative to this procurement should be addressed to the following: 79 80 Attn: Tariqul Islam,City of Fort Worth 81 Email: triqul.islamAfortworthtexas.gov 82 83 ADVERTISEMENT DATES 84 August 4, 2022 85 August 11, 2022 86 87 END OF SECTION CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 6 00 72 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person,firm,partnership, company,association,or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2.Nonresident Bidder: Any person, firm,partnership, company,association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 33 34 3.1.Bidders or their designated subcontractors are required to be prequalified for the work 35 types requiring prequalification as per Sections 00 45 11 BIDDERS 36 PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT.Firms 37 seeking pre-qualification,must submit the documentation identified in Section 00 45 11 38 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven(7) 39 calendar days prior to Bid opening for review and,if qualified, acceptance. The 40 subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate 41 work types. Subcontractors must follow the same timelines as Bidders for obtaining 42 prequalification review. Bidders or Subcontractors who are not prequalified at the time 43 bids are opened and reviewed may cause the bid to be rejected. 44 45 Prequalification requirement work types and documentation are available by accessing all 46 required files through the City's website at: 47 https:Hgos.fortworthtexas. og v/ProjectResources/ 48 49 3.1.1. Paving—Requirements document located at: CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 50 51 https:H=s.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- 52 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 53 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ 54 UIREMENTS%20FOR%20P"ING%2000NTRACTORS.pdf 55 56 57 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at: 58 59 https:H=s.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- 60 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2ORoadwa 61 y%20and%20Pedestrian%20Li ting%20Prequalification%20Program/STREET% 62 20LIGHT%20PREQUAL%20REQMNTS.pdf 63 64 3.1.3. Water and Sanitary Sewer—Requirements document located at: 65 66 https:H=s.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- 67 %20Construction%2ODocuments/Contractor%2OPrequalification/Water%20and%2 68 OSanitary%20Sewer%20Contractor%20Prequalification%20Program/WSS%20pre 69 qual%20requirements.pdf 70 71 3.2.Each Bidder,unless currently prequalified,must submit to City at least seven(7) 72 calendar days prior to Bid opening,the documentation identified in Section 00 45 11, 73 BIDDERS PREQUALIFICATIONS. 74 75 3.2.1.Submission of and/or questions related to prequalification should be addressed to 76 the City contact as provided in Paragraph 6.1. 77 78 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 79 bidder for a project to submit such additional information as the City,in its sole 80 discretion may require,including but not limited to manpower and equipment records, 81 information about key personnel to be assigned to the project, and construction schedule 82 to assist the City in evaluating and assessing the ability of the apparent low bidder to 83 deliver a quality product and successfully complete projects for the amount bid within 84 the stipulated time frame.Based upon the City's assessment of the submitted 85 information,a recommendation regarding the award of a contract will be made to the 86 City Council. Failure to submit the additional information,if requested,may be grounds 87 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 88 notified in writing of a recommendation to the City Council. 89 90 3.4.In addition to prequalification,additional requirements for qualification may be required 91 within various sections of the Contract Documents. 92 93 3.5.OMITTED 94 95 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 96 97 4.1.Before submitting a Bid,each Bidder: 98 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 99 4.1.1. Shall examine and carefully study the Contract Documents and other related data 100 identified in the Bidding Documents(including"technical data" referred to in 101 Paragraph 4.2.below).No information given by City or any representative of the 102 City other than that contained in the Contract Documents and officially 103 promulgated addenda thereto, shall be binding upon the City. 104 105 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, 106 local and site conditions that may affect cost,progress,performance or furnishing 107 of the Work. 108 109 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, 110 progress,performance or furnishing of the Work. 111 112 4.1.4. OMITTED 113 114 4.1.5. Shall study all: (i)reports of explorations and tests of subsurface conditions at or 115 contiguous to the Site and all drawings of physical conditions relating to existing 116 surface or subsurface structures at the Site(except Underground Facilities)that 117 have been identified in the Contract Documents as containing reliable "technical 118 data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 119 at the Site that have been identified in the Contract Documents as containing 120 reliable "technical data." 121 122 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of 123 the information which the City will furnish.All additional information and data 124 which the City will supply after promulgation of the formal Contract Documents 125 shall be issued in the form of written addenda and shall become part of the Contract 126 Documents just as though such addenda were actually written into the original 127 Contract Documents.No information given by the City other than that contained in 128 the Contract Documents and officially promulgated addenda thereto, shall be 129 binding upon the City. 130 131 4.1.7. Should perform independent research,investigations,tests,borings, and such other 132 means as may be necessary to gain a complete knowledge of the conditions which 133 will be encountered during the construction of the project. For projects with 134 restricted access,upon request,City may provide each Bidder access to the site to 135 conduct such examinations,investigations, explorations,tests and studies as each 136 Bidder deems necessary for submission of a Bid. Bidder must fill all holes and 137 clean up and restore the site to its former conditions upon completion of such 138 explorations,investigations,tests and studies. 139 140 4.1.8. Shall determine the difficulties of the Work and all attending circumstances 141 affecting the cost of doing the Work,time required for its completion,and obtain all 142 information required to make a proposal.Bidders shall rely exclusively and solely 143 upon their own estimates,investigation,research,tests,explorations,and other data 144 which are necessary for full and complete information upon which the proposal is 145 to be based. It is understood that the submission of a proposal or bid is prima-facie 146 evidence that the Bidder has made the investigations,examinations and tests herein 147 required. 148 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 149 4.1.9. Shall promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 150 between the Contract Documents and such other related documents. The Contractor 151 shall not take advantage of any gross error or omission in the Contract Documents, 152 and the City shall be permitted to make such corrections or interpretations as may 153 be deemed necessary for fulfillment of the intent of the Contract Documents. 154 155 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification o£ 156 157 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 158 the site which have been utilized by City in preparation of the Contract Documents. 159 The logs of Soil Borings,if any,on the plans are for general information only. 160 Neither the City nor the Engineer guarantee that the data shown is representative of 161 conditions which actually exist. 162 163 4.2.2. those drawings of physical conditions in or relating to existing surface and 164 subsurface structures(except Underground Facilities)which are at or contiguous to 165 the site that have been utilized by City in preparation of the Contract Documents. 166 167 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 168 on request. Those reports and drawings may not be part of the Contract 169 Documents,but the "technical data" contained therein upon which Bidder is entitled 170 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 171 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 172 responsible for any interpretation or conclusion drawn from any"technical data" or 173 any other data,interpretations, opinions or information. 174 175 4.2.4.Standard insurance requirements,coverages and limits. 176 177 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) 178 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 179 exception the Bid is premised upon performing and furnishing the Work required by the 180 Contract Documents and applying the specific means,methods,techniques, sequences or 181 procedures of construction(if any)that may be shown or indicated or expressly required 182 by the Contract Documents,(iii)that Bidder has given City written notice of all 183 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 184 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 185 etc.,have not been resolved through the interpretations by City as described in 186 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 187 and convey understanding of all terms and conditions for performing and furnishing the 188 Work. 189 190 4.4.The provisions of this Paragraph 4,inclusive, do not apply to Asbestos,Polychlorinated 191 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 192 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 193 Documents. 194 195 5. Availability of Lands for Work,Etc. 196 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 197 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 198 access thereto and other lands designated for use by Contractor in performing the Work 199 are identified in the Contract Documents. All additional lands and access thereto 200 required for temporary construction facilities,construction equipment or storage of 201 materials and equipment to be incorporated in the Work are to be obtained and paid for 202 by Contractor. Easements for permanent structures or permanent changes in existing 203 facilities are to be obtained and paid for by City unless otherwise provided in the 204 Contract Documents. 205 206 5.2.Outstanding right-of-way, easements,and/or permits to be acquired by the City are listed 207 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 208 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel 209 the award of contract at any time before the Bidder begins any construction work on the 210 project. 211 212 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 213 way,easements,and/or permits, and shall submit a schedule to the City of how 214 construction will proceed in the other areas of the project that do not require permits 215 and/or easements. 216 217 6. Interpretations and Addenda 218 219 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 220 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 221 received after this day may not be responded to. Interpretations or clarifications 222 considered necessary by City in response to such questions will be issued by Addenda 223 delivered to all parties recorded by City as having received the Bidding Documents. 224 Only questions answered by formal written Addenda will be binding. Oral and other 225 interpretations or clarifications will be without legal effect. 226 227 Address questions to: 228 229 City of Fort Worth 230 200 Texas Street 231 Fort Worth,TX 76102 232 Attn: Tariqul Islam,Transportation and Public Works 233 Email: tariqul.islam@fortworthtexas.gov 234 Phone: 817-392-2486 235 236 237 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 238 City. 239 240 6.3.Addenda or clarifications may be posted via the City's electronic document management 241 and collaboration system at https://docs.b360.autodesk.com/shares/136cf2le-6934- 242 40df-b613-8da590d8950a 243 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 244 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 245 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 246 Project. Bidders are encouraged to attend and participate in the conference. City will 247 transmit to all prospective Bidders of record such Addenda as City considers necessary 248 in response to questions arising at the conference. Oral statements may not be relied 249 upon and will not be binding or legally effective. 250 251 7. Bid Security 252 253 7.1.Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five 254 (5)percent of Bidder's maximum Bid price,on the form attached or equivalent, issued 255 by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 256 257 7.2.The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of 258 Award have been satisfied. If the Successful Bidder fails to execute and return the 259 Contract Documents within 14 days after the Notice of Award conveying same, City 260 may consider Bidder to be in default,rescind the Notice of Award and act on the Bid 261 Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to 262 have defaulted. 263 264 8. Contract Times 265 The number of days within which, or the dates by which,Milestones are to be achieved in 266 accordance with the General Requirements and the Work is to be completed and ready for 267 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 268 attached Bid Form. 269 270 9. Liquidated Damages 271 Provisions for liquidated damages are set forth in the Agreement. 272 273 10. Substitute and "Or-Equal" Items 274 The Contract,if awarded,will be on the basis of materials and equipment described in the 275 Bidding Documents without consideration of possible substitute or"or-equal" items. 276 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 277 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 278 City,application for such acceptance will not be considered by City until after the Effective 279 Date of the Agreement. The procedure for submission of any such application by Contractor 280 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 281 Conditions and is supplemented in Section 0125 00 of the General Requirements. 282 283 11. Subcontractors, Suppliers and Others 284 285 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City 286 has goals for the participation of minority business and/or women business 287 enterprises in City contracts$100,000 or greater. See Section 00 45 40 for the 288 M/WBE Project Goals and additional requirements. Failure to comply shall render 289 the Bidder as non-responsive. 290 291 Business Equity Ordinance No.25165-10-2021, as amended(replacing Ordinance 292 No.24534-11-2020),codified at: 293 https:Hcodelibr@a.amle-aal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593 294 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 295 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 296 or organization against whom Contractor or City has reasonable objection. 297 298 12. Bid Form 299 300 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 301 obtained from the City. 302 303 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. 304 Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A 305 Bid price shall be indicated for each Bid item, alternative, and unit price item listed 306 therein. In the case of optional alternatives,the words "No Bid," "No Change," or 307 "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder 308 proposes to do the work contemplated or furnish materials required.All entries shall 309 be legible. 310 311 12.3. Bids by corporations shall be executed in the corporate name by the president or a 312 vice-president or other corporate officer accompanied by evidence of authority to 313 sign. The corporate seal shall be affixed. The corporate address and state of 314 incorporation shall be shown below the signature. 315 316 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 317 partner,whose title must appear under the signature accompanied by evidence of 318 authority to sign. The official address of the partnership shall be shown below the 319 signature. 320 321 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 322 member and accompanied by evidence of authority to sign. The state of formation of 323 the firm and the official address of the firm shall be shown. 324 325 12.6. Bids by individuals shall show the Bidder's name and official address. 326 327 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated 328 on the Bid Form. The official address of the joint venture shall be shown. 329 330 12.8. All names shall be typed or printed in ink below the signature. 331 332 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 333 which shall be filled in on the Bid Form. 334 335 12.10. Postal and e-mail addresses and telephone number for communications regarding the 336 Bid shall be shown. 337 338 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 339 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 340 to State Law Non Resident Bidder. 341 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 342 13. Submission of Bids 343 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 344 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 345 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 346 envelope,marked with the City Project Number,Project title,the name and address of 347 Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent 348 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 349 envelope with the notation"BID ENCLOSED" on the face of it. 350 351 14. Withdrawal of Bids 352 353 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may 354 be withdrawn prior to the time set for bid opening. A request for withdrawal must be 355 made in writing and delivered to the Purchasing Office to receive a time stamp prior 356 to the opening of Bids.A timely withdrawn bid will be returned to the Bidder or,if 357 the request is within one hour of bid opening,will not be read aloud and will 358 thereafter be returned unopened. 359 360 14.2. In the event any Bid for which a withdrawal request has been timely filed has been 361 inadvertently opened, said Bid and any record thereof will subsequently be marked 362 "Withdrawn"and will be given no further consideration for the award of contract. 363 364 15. Opening of Bids 365 Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and 366 major alternates(if any)will be made available to Bidders after the opening of Bids. 367 368 16. Bids to Remain Subject to Acceptance 369 All Bids will remain subject to acceptance for a minimum of 90 days or the time period 370 specified for Notice of Award and execution and delivery of a complete Agreement by 371 Successful Bidder. City may, at City's sole discretion,release any Bid and nullify the Bid 372 security prior to that date. 373 374 17. Evaluation of Bids and Award of Contract 375 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 376 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 377 and to reject the Bid of any Bidder if City believes that it would not be in the best 378 interest of the Project to make an award to that Bidder. City reserves the right to 379 waive informalities not involving price, contract time or changes in the Work and 380 award a contract to such Bidder. Discrepancies between the multiplication of units of 381 Work and unit prices will be resolved in favor of the unit prices. Discrepancies 382 between the indicated sum of any column of figures and the correct sum thereof will 383 be resolved in favor of the correct sum. Discrepancies between words and figures 384 will be resolved in favor of the words. 385 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 386 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 387 among the Bidders,Bidder is an interested party to any litigation against City, 388 City or Bidder may have a claim against the other or be engaged in litigation, 389 Bidder is in arrears on any existing contract or has defaulted on a previous 390 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 391 Bidder has uncompleted work which in the judgment of the City will prevent or 392 hinder the prompt completion of additional work if awarded. 393 394 17.2. In addition to Bidder's relevant prequalification requirements,City may consider the 395 qualifications and experience of Subcontractors, Suppliers, and other persons and 396 organizations proposed for those portions of the Work where the identity of such 397 Subcontractors, Suppliers,and other persons and organizations must be submitted as 398 provided in the Contract Documents or upon the request of the City. City also may 399 consider the operating costs,maintenance requirements,performance data and 400 guarantees of major items of materials and equipment proposed for incorporation in 401 the Work when such data is required to be submitted prior to the Notice of Award. 402 403 17.3. City may conduct such investigations as City deems necessary to assist in the 404 evaluation of any Bid and to establish the responsibility, qualifications,and financial 405 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 406 organizations to perform and furnish the Work in accordance with the Contract 407 Documents to City's satisfaction within the prescribed time. 408 409 17.4. Contractor shall perform with his own organization,work of a value not less than 410 35%of the value embraced on the Contract,unless otherwise approved by the City. 411 412 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 413 responsive Bidder whose evaluation by City indicates that the award will be in the 414 best interests of the City. 415 416 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 417 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 418 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 419 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 420 comparable contract in the state in which the nonresident's principal place of 421 business is located. 422 423 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 424 to be awarded, City will award the Contract within 90 days after the day of the Bid 425 opening unless extended in writing. No other act of City or others will constitute 426 acceptance of a Bid. Upon the contract award,a Notice of Award will be issued by 427 the City. 428 429 17.7.1.The contractor is required to fill out and sign the Certificate of Interested 430 Parties Form 1295 and the form must be submitted to the Project Manager 431 before the contract will be presented to the City Council.The form can be 432 obtained at httys://www.ethics.state.tx.us/data/forms/1295/1295.lDdf 433 434 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 435 436 18. Signing of Agreement CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 437 438 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied 439 by the required number of unsigned counterparts of the Project Manual. Within 14 440 days thereafter, Contractor shall sign and deliver the required number of counterparts 441 of the Project Manual to City with the required Bonds,Certificates of Insurance,and 442 all other required documentation. 443 444 445 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. 446 447 448 END OF SECTION CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104178 Revised/Updated November 2,2021 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 9 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) https://www.ethics.state.tx.us/data/forms/confIict/CIS.pdf ❑ CIQ Form does not apply El' CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply C' CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: By: J. Barry C rk Signature: I A C_ s i Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Asphalt Resurfacing Contract 2 Revised February 24,2020 City Project Number 104178 0041 00 BID FORM Page 2 of 9 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: 2023 Asphalt Resurfacing Contract 2 City Project No.: 101478 Units/Sections: Paving 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made (a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Asphalt Resurfacing Contract 2 Revised 9/30/2021 City Project Number 104178 0041 00 BID FORM Page 3 of 9 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Aspahlt Paving- Heavy Maintenance b. - C. - d. - e. - f. - g. - h. - 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 210 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Asphalt Resurfacing Contract 2 Revised 9/30/2021 City Project Number 104178 0041 00 BID FORM Page 4 of 9 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 $1,841,526.65 7. Bid Submittal This Bid is submitted on August 25, 2022 by the entity named below. Respectfully sub 'ted, Receipt is acknowledged of the Initial 1 following Addenda: By: J Addendum No. 1: (Signature) Addendum No. 2: NI Addendum No. 3: /� J. Barry Clark Addendum No. 4: (Printed Name) Title: President Company: Peachtree Construction, Ltd. Corporate Seal: Address: 5801 Park Vista Circle Fort Worth, TX 76244 State of Incorporation: Texas Email: jbclark@peachtreecon.com Phone: 817-741-4658 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Asphalt Resurfacing Contract 2 Revised 9/30/2021 City Project Number 104178 00 42 43 BID PROPOSAL Page 5 of 9 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Unit 1- Bidlist Item Specification Section Unit of Bid No. Description No. Measure Quantity Unit Price Bid Value 1 0135.0201 REMOBILIZATION 017000 EA 1 $1000.00 $1000.00 2 0241.1300 REMOVE CONC CURB&GUTTER 0241 13 LF 2,816 $8.15 $22,950.40 3 3216,0102 7"CONC CURB AND GUTTER 32 16 13 LF 12,260 S40.00 $490 400.00 4 0241.0401 REMOVE CONCRETE DRIVEWAY 024113 SF 3,670 S4.50 $16515.00 5 3213.0401 6"CONCRETE DRIVEWAY 32 1320 SF 3,925 $11.50 $45 137.50 6 0241,0100 REMOVE SIDEWALK 0241 13 SF 1 650 $3,451 $2 242.50 7 3213,0301 4"CONC SIDEWALK 32 13 20 SF 650 $9.80 $6 370.00 8 3213.0322 CONC CURB AT BACK OF SIDEWALK(6 to 12 Inch max) 32 13 20 LF 170 $23.00 $3 910.00 9 0241.1400 REMOVE CONC VALLEY GUTTER 0241 13 SY too $46.00 $4 600.00 10 3216.0301 7"CONC VALLEY GUTTER 32 16 13 SY 170 $110.00 $18 700.00 11 0241,0300 REMOVE ADA RAMP 024113 SF 4,100 $4.00 $16400.00 12 3213.0501 BARRIER FREE RAMP,TYPE R-1 32 13 20 SF 1,400 $44.00 $61 600.00 13 3213.0506 BARRIER FREE RAMP,TYPE P-1 32 13 20 SF 2,7001 $44.00 $118 800.00 14 3110.0103 12"-18"TREE REMOVAL 311000 EA 5 $900.001 $4,500.00 15 3110.0104 18"-24"TREE REMOVAL 311000 EA 5 $1300.00 $6,500.00 16 9999.0000 REMOVE CONCRETE AND REPLACE WITH 7INCH CONCRETE PAVEMENT HES 99 99 90 SY 80 $345.00 $27 600.00 17 3212,0302 3"ASPHALT PAVEMENT,TYPE D 32 12 16 SY 21,825 $24.80 $541,260.00 18 3212.0401 HMAC TRANSITION 32 12 16 TN 10 $140.00 S1400.00 19 0241.1700 11"PAVEMENT PULVERIZATION 0241 15 SY 21,825 $8.45 $184,421.25 20 3211.0122 FLEX BASE,TYPE A,GR-2 32 1123 CY 100 $110.00 $11,000.00 21 3211.0600 CEMENT MODIFICATION,26 Ibs/sy 32 1133 TN 284 $330.00 $93 720.00 22 3123.0101 UNCLASSIFIED EXCAVATION 312316 CY 150 $40.001 $6000.00 23 3292.0100 BLOCK SOD REPLACEMENT 3292 13 SY 2,200 $11.00 $24 200.00 24 3217.5001 CURB ADRESS PAINTING 32 1725 EA 40 SI00.00 $4 000.00 25 3291.0100 TOPSOIL 3291 19 CY 135 $140.00 $18900.00 26 3232.0100 CONC RETAINING WALL(2FT-4 FT) 32 13 20 SF 200 $35.00 $7 000.00 27 3305.0108 MISCELLANEOUS ADJUSTMENT(UTILITIES) 330514 LS 1 $10000.00 $10,000.00 28 3305.0111 WATER VALVE BOX ADJUSTMENT(WITH STEEL RISER) 33 05 14/33 05 17 EA 1 $1 000.00 $1,000.00 29 3305.0112 WATER VALVE BOX ADJUSTMENT(WITH CONCRETE COLLAR) 33 05 14/33 05 17 EA 2 SI 300.00 $2,600.00 30 3312.2003 1-INCH STANDARD PLASTIC METER BOX 33 12 10 EA 10 $450.00 $4 500.00 31 3312.2003 1-INCH STANDARD CONCRETE METER BOX 33 12 10 EA 10 $550.00 $5 500.00 32 3349.0107 MANHOLE ADJUSTMENT(WITH STEEL RISER) 33 05 14/33 05 17 EA 1 $1 300.00 $1 300.00 33 3305.0112 MANHOLE ADJUSTMENT(WITH CONCRETE COLLAR) 33 05 14/33 05 17 EA 2 $1 50atto $3 000.00 34 3110.0101 SITE CLEARING 31 1000 SY 100 $45.00 $4 500.00 35 19999.0096 PAVING CONSTRUCTION ALLOWANCE LS 1 $70000.00 S70000.00 Total Base Bid $t 841,526.65 Total Bidl $1 841 526.65 END OF SECTION CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION rX)CUNIEI FFS 2023 Asphalt Reswfacing Contract 2 Reis]9/30/2021 City R j,Yt Number 104178 BID BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 KNOWN ALL BY THESE PRESENTS, That we, Peachtree Construction.Ltd. as Principal, and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto City of Fort Worth , as Obligee, in the sum of Five Percent(5%)of the Bidder's Maximum Bid Price Dollars ( 5% ) forthe payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for 2o23 ASPHALT RFstiRFACiNG CONTRACT 2 AT VARIOUS LOCATIONS#1o4178 ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 25th day of August 2022 Peachtree Construction,Ltd. (Principal) 1 Travelers ualty: and Surety of erica B _ Linda K.Edwards , Attorney-in-Fact Travelers Casualty and Surety Company of America A� Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Linda K Edwards of FT WORTH , Texas , their true and lawful Attorney(s)-in-Fact 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 WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. �f�nro 9Jpt1V A-Va NARTFORD, � State of Connecticut By: City of Hartford ss. Robert L.Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. ` P N ,y IN WITNESS WHEREOF,I hereunto set my hand and official seal. `N pk My Commission expires the 30th day of June,2026 i+ NOTARY Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,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 Attorneys-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 each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 25th day of August 2022 FiVRc � HAWFORD,` tr�g1.1,C'( CONN. P_ Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power of Attorney is attached. 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 8 of 9 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. 121 BIDDER: By: J. Barry Clark (Signature) Title: President Date: 8/25/2022 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Asphalt Resurfacing Contract 2 Revised 9/30/2021 City Project Number 104178 00 45 12 PREQUALIFICATION STATEMENT Page 9 of 9 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Aspahlt Paving -Heavy Peachtree Construction, Ltd. 12/1/2022 Maintenance The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Peachtree Construction, Ltd. By: J. Bar Clark 5801 Park Vista Circle I C--- Fort Worth, TX 76244 J' (Signature) 0 Title: President Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Asphalt Resurfacing Contract 2 Revised 09/30/2021 City Project Number 104178 00 45 26-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a),as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 104178 Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 10 11 Peachtree Construction,Ltd. By: J. Barry Clark 12 Company (Plea Print) 13 14 5801 Park Vista Circle Signature: 15 Address ' 16 17 Keller,TX 76244 Title: President 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the undersigned authority,on this day personally appeared 26 J.Barry Clark ,known to me to be the person whose name is 27 subsci ibed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of_Peachtree Construction Ltd. for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22nd day of 32 _November ,2022. 33 34 35 36 Notary Pu c in and for the State of Texas 37 38 END OF SECTION o1�v.pU Janet Lynn Reiter ? , My Commission Expires •_ :q 08/28/2023 39 'iofr ID No.130350671 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO. 104178 00 45 40-1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is$100,000 or more,then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable,in the procurement of all goods and services.All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No.24534-11- 12 2020(codified at: https:HcodelibrM.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EQUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 17% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied,offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2.Business Equity subcontracting participation,3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Prot6g6 participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date,exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent,if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal,or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Prot6g6 Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Prot6g6 participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 https:Hgos.fortworthtexas. og v/ProjectResources/ResourcesP/60-MWBEBusiness Equity Utilization 46 Form_DVIN 2022 220324.pdf 47 48 Letter of Intent CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104178 Revised October 27,2021 004540-2 Business Equity Goal Page 2 of 2 1 hILtps:Hgos.fortworthtexas.gov/Proj ectResources/ResourcesP/60-MWBE/Letter of Intent_DVIN 2 2021.pdf 3 4 Business Equity Good Faith Effort Form 5 https:H=s.fortworthtexas. og v/ProjectResources/ResourcesP/60-MWBE/Good Faith Effort 6 Form_DVIN2022.pdf 7 8 Business Equity Prime Contractor Waiver Form 9 https:H=s.fortworthtexas. og v/ProjectResources/ResourcesP/60-MWBE/MWBE Prime Contractor 10 Waiver-220313.pdf 11 12 Business Equity Joint Venture Form 13 hILtps:Hgos.fortworthtexas.gov/ProjectResources/ResourcesP/60-MWBE/MWBE Joint 14 Venture_220225.pdf 15 16 17 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL 18 RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON-RESPONSIVE AND THE BID 19 REJECTED. 20 21 22 FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE 23 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- 24 RESPONSIVE,THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS 25 AS DESCRIBED IN SEC.20-373 OF THE ORDINANCE. 26 27 For Questions,Please Contact The Business Equity Division of the Department of Diversity and 28 Inclusion at(817)392-2674. 29 END OF SECTION 30 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104178 Revised October 27,2021 00 52 43-1 Agreement Page 1 of 7 SECTION 00 52 43 AGREEMENT THIS AGREEMENT,authorized on November 29,2022,is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Peachtree Construction, Ltd., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor,in consideration of the mutual covenants hereinafter set forth,agree as follows: Article 1.WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2.PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2023 ASPHALT RESURFACING CONTRACT 2 CITY PROJECT NUMBER 104178 Article 3.CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount,in current funds,of ONE MILLION EIGHT HUNDRED FORTY- ONE THOUSAND,FIVE HUNDRED TWENTY-SIX AND 65/100 DOLLARS ($1,841,526.65).Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 210 days after the date when the Contract Time commences to run,as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones,if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding,the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay(but not as a penalty),Contractor shall pay City Six Hundred Fifty AND 00/100 Dollars($650.00)for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5.CONTRACT DOCUMENTS OFFICIAL RECORD CITY SECRETARY 5.1 CONTENTS: FT.WORTH,TX A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH 2023 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104178 Revised 8/22/2022 00 52 43-2 Agreement Page 2 of 7 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents(project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization 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. 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. CITY OF FORT WORTH 2023 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104178 Revised 8/22/2022 005243-3 Agreement Page 3 of 7 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 Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas,Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non-appropriation of Funds. CITY OF FORT WORTH 2023 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104178 Revised 8/22/2022 00 52 43-4 Agreement Page 4 of 7 In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor,unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the City,with a company(with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms"boycott energy company"and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. CITY OF FORT WORTH 2023 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104178 Revised 8/22/2022 005243-5 Agreement Page 5 of 7 Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more which will be paid wholly or partly from public funds of the City,with a company(with 10 or more full-time employees)unless the contract contains a written verification from the company that it: (1)does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH 2023 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104178 Revised 8/22/2022 005243-6 Agreement Page 6 of 7 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon request by City,Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third-Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third-party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor,its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors,for any claim arising out of,in connection with,or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on-site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH 2023 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104178 Revised 8/22/2022 005243-7 Agreement Page 7 of 7 IN WITNESS WHEREOF,City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager("Effective Date"). Contractor: Peachtree Construction,Ltd. City of Fort Worth By: By: 0. William Johnson(De 2,2022 08:22 EST) J rry Clark(NOV 2 2210:30 CST) Signature William M Johnson J. Barry Clark Assistant City Manager (Printed Name) Dec 12, 2022 President Date 4.044U�n� goFFO 0, Title Attest: p��o 00��o 5801 Park Vista Circle wywHb-S dororJaCG 0000 s=d Jannette S.Goodall(D(T 12,2022 08:21 CST) �P*a o Qo°*�d Address Jannette Goodall, City Secretary aaaa� z bsppp� one Fort Worth,Texas 76244 City/State/Zip (Seal) Nov 22, 2022 M&C: d�-o?99 Date Date: 11-29-2022 Form 1295 No.: 2022-946207 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Tadqui Islam(Nov 22,202212:11 CST) Tariqul Islam Project Manager Approved as to Form and Legality: DglaC W( 9,202213:51 CS 0 Douglas W.Black Sr.Assistant City Attorney APPROVAL RECOMMENDED: Ptlu� Lauren Prieur,Interim Director Transportation&Public Works Department OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH 2023 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104178 Revised 8/22/2022 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 Bond#107709080 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Peachtree Construction Ltd. known as"Principal"herein and 8 Travelers Casualty and Surety Company of America , a corporate surety(sureties, if more than 9 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 10 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 11 pursuant to the laws of Texas,known as"City"herein, in the penal sum of, ONE MILLION 12 EIGHT HUNDRED FORTY-ONE THOUSAND,FIVE HUNDRED TWENTY-SIX AND 13 65/100 DOLLARS ($1,841,526.65), lawful money of the United States,to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made,we bind 15 ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the 29"'day of November, 2022,which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and 20 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 21 as provided for in said Contract designated as 2023 ASPHALT RESURFACING CONTRACT 2, 22 City Project No.104178. 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders,under the Contract,according to the plans, 26 specifications, and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I,2011 CITY PROJECT NO. 104178 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 29th —day of November 6 ,2022 7 PRINCIPAL:Peachtree Construction,Ltd. 8 9 10 I I \ �, BY: 1 12 Signature 13 ATTEST: 14 J.BARRY CLARK 15 PRESIDENT 16 (Principal)Secretary Name and Title 17 18 Address: 5801 Park Vista Circle 19 Fort Worth,Texas 76244 20 1!: 21 Wit as to Principal 22 SURETY: 23 Travelers Casualty and Surety 24 Company of America 25 26 BY,__5� 27 Signature 28 29 Steven B. Siddons, Attorney-in-Fact 30 Name and Title 31 32 Address: 2900 Marquita Dr 33 Fort Worth,TX 76116 34 35 36 Witness as to Surety Linda K. Edwards Telephone Number: 817-737-4943 37 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address,both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO.104178 0061 14-1 PAYMENT BOND Page I of 2 1 SECTION 00 61 14 2 Bond #107709080 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Peachtree Construction, Ltd. known as "Principal" herein, and 8 Travelers Casualty and Surety Company of America , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal I corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of ONE MILLION EIGHT HUNDRED FORTY-ONE THOUSAND, FIVE 13 HUNDRED TWENTY-SIX AND 65/100 DOLLARS ($1,841,526.65), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns,jointly and severally, firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 29th day of November, 2022, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as 2023 ASPHALT RESURFACING CONTRACT 2, City Project No.104178. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO. 104178 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 29th day of 3 November ,2022 4 PRINCIPAL: Peachtree Construction,Ltd. ATTEST: BY: Sig J.BARRY CLARK PRESIDENT (Principal)Secretary Name and Title Address: 5801 Park Vista Circle Fort Worth,Texas 76244 Witness to Principal SURETY: Travelers Casualty and Surety Company of America ATTEST: Bye— Signature ZA 1 ,161— a tkA- Steven B. Siddons.Attorney-in-Fact (Surety)Secretary T e esa Ayala Name and Title Address: 2900 Marquita Dr. Fort Worth, TX 76116 Witness as to Surety Linda K. Edwards Telephone Number: 817-737-4943 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO. 104178 Travelers Casualty and Surety Company of America I '� Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Steven B Siddons of FT WORTH , Texas , their true and lawful Attorney(s)-in-Fact 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 WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed, this 21st day of April, 2021. rNa SUR �Jp,TY Arybs �)�f a w NA C t �OR?g1At( CONN.K. o G UX y•v�\+i� `yf a+ar F � rw ` State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. 001 IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2026 * uQ+�Y p1lnir Anna P.Nowik,Notary Public 't�h'NEGM This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,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 m the nature of a bond recognizance, or conditional undertaking, and an of i 9 rY 9 9, Y 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, an Vice Chairman, an Executive Vice President an Senior Vice President or Y Y Y an Vice President may delegate all or an art of the foregoing Y o n authority to one or more officers or employees of this Com anprovided� Y 9 Y p 9 9 YCompany, 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, an Senior Vice President or an Vice President an Second Vice President the Treasurer, an Y Y Y y 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 Attorneys-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 bearingsuch facsimile signature or facsimile seal shall be valid and binding upon the Company and an such power so executed 9 9 P p Y Y 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 each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 29th day of November , 2022 rfK W HARTFORO,e{ raar,�.a ow Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached. 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 Bond#107709080 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Peachtree Construction,Ltd. known as"Principal"herein and 9 Travelers Casualty and Surety Company of America , a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein,in the sum of ONE MILLION 13 EIGHT HUNDRED FORTY-ONE THOUSAND,FIVE HUNDRED TWENTY-SIX AND 14 65/100 DOLLARS ($1,841,526.65), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves, our heirs, executors,administrators, successors and assigns,jointly 17 and severally, firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded the 20 29th day of November, 2022, which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein, to furnish all materials,equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order (collectively herein, the "Work") as provided for in said contract and 24 designated as 2023 ASPHALT RESURFACING CONTRACT 2, City Project No.104178; and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans,specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I,2011 CITY PROJECT NO. 104178 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I,2011 CITY PROJECT NO. 104178 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 29th day of 3 November 12022 4 5 PRINCIPAL:Peachtree Construction,ltd. 6 7 8 BY: 1�� 9 Signature 10 ATTEST: J.BARRY CLARK 11 12 PRESIDENT 13 (Principal) Secretary Name and Title 14 15 Address: 5801 Park Vista Circle 16 Fort Worth,Texas 76244 17 &4A44-­- 18 Witnelfs to Principal 19 SURETY: 20 Travelers Casualty and Surety 21 Company of America 22 23 BY: 24 Signature 25 26 Steven B. Siddons. Attorney-in-Fact 27 ATTEST: Name and Title 28 29 /' Address: 2900 Marauita Dr. 30 (Sur ty) S rctar Te sa Ayala Fort Worth, TX 76116 31 32 5 33 Witness as to Surety Linda K. Edwards Telephone Number: 817-737-4943 34 35 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 36 from the by-laws showing that this person has authority sign ign such obligation. If 37 Surety's physical address is different from its mailing address, both must be provided. 38 The date of the bond shall not be prior to the date the Contract is awarded. 39 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO. 104178 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Steven B Siddons of FT WORTH , Texas , their true and lawful Attorney(s)-in-Fact 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 WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. Cf�HARTIO?)tQ' F @ N. dTI o fLAI r9t� rdl FN�y �s MN State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i(tioTARYMy Commission expires the 30th day of June,2026Anna P.Nowik,Notary Public .0„. FGN� This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,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 Attorneys-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 each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 29th day of November 2022 ��w+a,. �JP�SY AryQSL 0si HARTFORD, <CONK in E.Hughes,Assistant Secretary I To verify the authenticity of this Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power ofAttorney is attached IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll- free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(aD_tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2023 Asphalt Resurfacina. Contract 2 M&C: 22-0999 CPN: 104178 CSO: 58566 DOC#: Date: 12/06/22 To: Name Department Initials Date Out 1. Sophia Gatewood Risk-Approver 12/07/22 2. Michael Owen TPW-Approvers 12/07/22 3. Lauren Prieur TPW-Signers 12/07/22 4. Priscilla Ramirez Legal-Approver 44- 12/08/22 5. Doug Black Legal-Signer d.b 12/09/22 6. William Johnson ACM-Signer 12/12/22 7 Melissa Brunner CSCO-Approver 12/12/22 8 Jannette Goodall CSCO-Signer 12/12/22 9 Allison Tidwell CSCO-Form Filler r 12/12/22 10. TPW Contracts TPW CC: Program Manager,Sr.CPO,TPW BSPAP Recon Team,TPW Records Room,TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO TIE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip,David will review and take the next steps. NEEDS TO BE NOTARIZED: DYES ®No RUSH: DYES ®No SAME DAY: DYES ❑No NEXT DAY: DYES ❑No ROUTING TO CSO: ®YES ❑No Action Reguired:. ❑ Attach Signature,Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to the General Conditions&Specifications Return To: Please notify TPWContracts a�fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! FORTWORTH® Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE:2023 Asphalt Resurfacina. Contract 2 M&C: CPN: 104178 CSO: DOC#: Date: 11/18/22 To: Name Department Initials Date Out 1. J B Clark/Peachtree Construction Vendor-Signer 11/22/22 2. Proj Mgr: Tariqul Islam TPW-Signer T1 11/22/22 3. Michelle Hadley-McGhee TPW-Review 12/05/22 4. 5. 6. 7 8 9 10. CC: Program Manager, Sr. CPO,TPW BSPAP Recon Team,TPW Records Room,TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip,David will review and take the next steps. NEEDS TO BE NOTARIZED: DYES ®No RUSH: DYES ®No SAME DAY: DYES ❑No NEXT DAY: DYES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Return To: Please notify TPWContracts(ufortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! 9 Bond Verification a M&C From: Carmichael,Robbie To: Hadley-McGhee,Michelle Subject: FW: [External]PLEASE REPLY-BOND VERIFICATION REQUEST[CPN#104178-2023 Asphalt Resurfacing, Contract 2] Date: Monday,December 5,2022 8:41:37 AM Attachments: image001.ong CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Good Morning Michelle, This is a valid bond. Please let me know if you have any other questions! Ro66ie CarmichaeC 9V(BA Account EXecutive TRAVELERS—Bond and Specialty Insurance 9601 McAllister Freeway, Suite 700 San Antonio,TX 78216 1-210-525-3960(Direct Line) 1-210-452-6489 Cell From: Hadley-McGhee, Michelle<Michelle,Hadley-McGhee l@fortworthtexas.gov> Sent:Thursday, December 1, 2022 12:47 PM To: BSIClaimsl@Travelers.com Subject: [External] PLEASE REPLY- BOND VERIFICATION REQUEST [CPN #104178-2023 Asphalt Resurfacing, Contract 21 CAUTION: This email came from outside of the company. Please exercise caution when opening attachments, clicking links or responding to this email. The original sender of this email is Michelle.Hadley- McGheenfortworthtexaLM. 12/01/2022 Good afternoon. The City of Fort Worth is in receipt of the following referenced bond(s) — BOND # 107709080, in the amount of$1,841,526.65 (One Million Eight Hundred Forty- One Thousand, Five Hundred Twenty-Six and 65/100 Dollars), from Peachtree Construction for City Project 104178 (2023 Asphalt Resurfacing, Contract 2). Please provide confirmation that both the bond(s) and dollar amount(s) are valid. Your prompt attention to this matter is greatly appreciated! If there are additional questions or concerns, please do not hesitate to contact me at, michel le.had ley-mcghee(afortworthtexas.gov, or by phone, 817-392-7233. Should this request have reached you in error, or needs to be directed elsewhere, please be so kind to provide the name of the contact, with both an email address & phone number of the person or department being referenced. It is appreciated. OdwhzV fat*Mtd, oq,e,A,&p#,A%VV J?Aa Contract Compliance Specialist City of Fort Worth Transportation & Public Works (TPW) 200 Texas Street, Fort Worth, TX 76102 Direct: 817-392-7233 Michelle.Had ley-McGhee(a)fortworthtexas.gov City of Fort Worth — Working together to build a strong community. FORTWORTH.. This message(including any attachments)may contain confidential,proprietary,privileged and/or private information.The information is intended to be for the use of the individual or entity designated above.If you are not the intended recipient of this message,please notify the sender immediately,and delete the message and any attachments.Any disclosure,reproduction,distribution or other use of this message or any attachments by an individual or entity other than the intended recipient is prohibited.