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Home My WebLink AboutContract 48309 CITY SEC'QET'ARY D.O.E. PILE CONTRACTOR'S BONDING CO. CITY SECRETARY CONTRACT qQ. ( . CONSTRUCTION'S COPY FoRTWORTH CLIENT DEPARTMENT PROJECT MANUAL FOR 2014 CIP Year 2 - Contract 5 Street Rehabilitation At Various Locations City Project No. 100416 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared by The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS OF 2016 %*;........au..s..w...1*.. NAJl6 N. FARES . 68315 e - .zoic r / - ° FORTWORTHOH City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00-I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 0073 00 Supplementary Conditions Division 01 - General Requirements General Notes 01 11 00 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 3120 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5,000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 58 13 Temporary Project Signage 01 7000 Mobilization and Remobilization 01 71 23 Construction Staking 01 7423 Cleaning 0177 19 Closeout Requirements 01 7839 Project Record Documents Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised February 2,2016 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 3212.0302-Asphalt Pavement Type D Mix, unit of measure, has been changed to reflect tonnage instead of square yards. Division 02-Existing Conditions 0241 15 Paving Removal Division 03 - Concrete 03 30 00 Cast-In-Place Concrete Division 31 -Earthwork 3123 16 Unclassified Excavation Division 32-Exterior Improvements 32 12 16 Asphalt Paving 32 1273 Asphalt Paving Crack Sealants 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 1725 Curb Address Painting 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding, and Sodding Division 33—Utilities 33 05 13 Frame, Cover, and Grade Rings 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 17 Concrete Collars Division 34-Transportation 3471 13 Traffic Control Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps:Hproj eetpo int.buzzsaw.com/cl ient/fortworth gov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 99—Special Technical Specifications Appendix [Include appropriate Sections below. Delete or strike-thru if not used.] GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised February 2,2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 END OF SECTION CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised February 2,2016 MBC Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FO's WORTH COUNCIL ACTION: Approved on 9/13/2016 REFERENCE 20_2014 CIP YEAR 2 - DATE: 9/13/2016 NO.: C-27921 LOG NAME: CONTRACT 5 STREET REHABILITATION CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract with Peachtree Construction, Ltd., in the Amount of $2,531,477.50 for Hot Mix Asphaltic Concrete Street Rehabilitation of Approximately Six Lane Miles of Various Street Segments Throughout the City of Fort Worth and Provide for Contingencies, Construction Management, Surveying, Inspection, and Material Testing for a Total Project Amount of$3,440,918.50 (2014 BOND PROGRAM) (COUNCIL DISTRICTS 8 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract, as part of the 2014 Bond Program, with Peachtree Construction, Ltd., in the amount of$2,531,477.50 for Hot Mix Asphaltic Concrete Street Rehabilitation on approximately six lane miles at multiple locations, as listed on the attachments provided. DISCUSSION: The 2014 Bond Program provides funding for rehabilitation of 200 individual segments of deteriorated public streets throughout the City. The recommended construction contract outlined in this Mayor and Council Communication (M&C) will provide street rehabilitation for 13 street segments under the 2014 Bond Program, in conjunction with a separate utility contract for the replacement of water and sewer sanitary lines. This project includes approximately six lane miles of City streets, as identified in the attached project maps (City Project No. 100416). The City reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project was advertised for bid on June 16, 2016 and June 22, 2016, in the Fort Worth Star- Telegram. On July 14, 2016, the following bids were received: Bidders Amount Peachtree Construction, Ltd. $2,531,477.50 Stabile&Winn, Inc. $2,968,431.00 Jackson Construction, Ltd. $3,171,664.50 The Fain Group, Inc. $3,194,340.00 This contract is a portion of a total project that includes, project management, inspection and contingencies in the amount of$909,441.00 for a total budget of$3,440,918.50. This project is being funded through the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund, in accordance with the statement expressing official Intent to Reimburse, which was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014) and the subsequent ordinance authorizing debt in 2016 (Ordinance No. 22216-05-2016). Construction is anticipated to commence in October 2016, with a contract time of 280 calendar days, MBC Review and it is estimated to be complete by the end of June 2017. This project is included in the appropriation ordinance of the FY2017 Capital Plan dated September 13, 2016. M/WBE OFFICE - Peachtree Construction, Ltd., is in compliance with City's BDE Ordinance by committing to 3 percent MBE participation and documenting good faith effort. Peachtree Construction, Ltd., identified several subcontracting and supplier opportunities. However, the MBE's contacted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is 12 percent. These projects are located in COUNCIL DISTRICTS 8 and 9, Mapsco 76Y, 90D, 90E, 90F, 90H, 90J and 91 B. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the FY2017 Capital Funds Budget, funding will be available in the current capital budget, as appropriated, of the 2014 Bond Program Fund. Existing FY 17 Additional Total Proposed Fund Source Appropriations Per Appropriations M&C Appropriation 2014 CIP Year 2- Contract 5 Street $3,540,918.50 $0.00 $3,540,918.50 Rehabilitation 34014 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget I Reference# Amount ID I I ID I Year Chartfield 2 340141 0200431 1 5740010 1100416 002480 2016 14010199 $2,531,477.50 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wersig (7801) Additional Information Contact: Kristian Sugrim (8902) ATTACHMENTS 2014 CIP YEAR 2 CONTRACT 5 MAP PAGE 1.pdf Peachtree 1295 Form (2).pdf C - a �� C CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 If there are Interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 If there are no Interested parties. CERTIFICATION OF FILING 1 Mono of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016.96890 Peachtree Construction, Ltd. Keller,TX United States Date Filed; 2 Name of governmentaf entity or state agency that is a party tot the contract for which the form Is 08/09/2016 being filed. City of Fort Worth,TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 100416 2.014 CIP Year 2-Contract 5 Street Rehabilitation f 4 Nature of Interest Name of Interested Party City,state,Country(place of business) (check applicable) Controlling Intermediary Clark,J. Barry Keller,TX United States X Clark,Kathy Keller,TX United States X Peachtree International,LLC Keller,TX United Slates X 5 Check only if there Is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure Is true and correct. ��1�v aLa CHERYL.JEROME iVottary Publlo,State of Texas * * My Commisalon Expires Signature of authorized agent of contracting business entity F t� AQUM 02,2020 AFFNO STAMP 1@Mf�G'6Q4<1 1....._,. ... ._..._..... -....._................._...__.._...........................::......-_._........_.....__.................. . .... ..... .. .... ... ............. . Sworn to and subscribed before me,by the said .� � �`+C t�.4�R-\�. _,this the�_day of ALAIJa . to certify which,witness my hand and seal of office. 2 CSFt'-P'tiL. ---�t'� A%A4IAl(s 202 Signature offic a ministering oath Printed name of officer administering oath Title of officer administering oath Forms provided by exas Ethics Commission www.ethics.state.tx.us Version V1.0.277 000515-1 ADDENDA Page 1 of 1 1 2 SECTION 00 05 15 3 ADDENDA NO.1 4 5 6 7 The Contract and documents for this project are hereby revised or amended to clarify the 8 following: 9 10 Section 00 42 43—Proposal Form: I1 - 12 Bidlist Items Nos. 8, 9, and 42 have been added to complement other bidlist items. 13 14 15 Please acknowledge receipt of this addendum by signing and inserting into your proposal, 16 at the time of bidding. Failure to return a signed copy of this addendum may be grounds 17 for rendering this bid as nonresponsive. 18 19 20 Receipt Acknowledges: 21 22 ` 23 By:_ `n C-- By: 24 25 26 27 28 29 30 31 32 33 END OF SECTION CITY OF FORT'WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised July 1,2011 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of 2014 CIP YEAR 2—CONTRACT 5 STREET 6 REHABILITATION will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M. CST,Thursday,July 14,2016,and bids will be opened publicly and read aloud at 13 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 24,230 SY. 3"HMAC Surface Course,Type D 19,915 SY. 2"HMAC Surface Course,Type D 16,800 S.Y. 2"Surface Milling 12,200 S.F. Remove and Replace 4"Concrete Sidewalk 21,800 L.F. Remove and Replace Concrete Curb&Gutter 47,880 S.F. Remove and Replace 6"Concrete Driveway 24,230 SY. 11"Pulverization 500 LF. Pavement Restriping 17 18 PREQUALIFICATION 19 The improvements included in this project must be performed by a contractor who is pre- 20 qualified by the City at the time of bid opening.The procedures for qualification and pre- 21 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 22 23 DOCUMENT EXAMINATION AND PROCUREMENTS 24 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 25 of Fort Worth's Purchasing Division website at http://www.fortworth og v_org/purchasing—/and 26 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 27 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 28 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 29 Parties Form 1295 and the form must be submitted to the Project Manager before the 30 contract will be presented to the City Council.The form can be obtained at 31 httys://www.ethics.state.tx.us/tec/1295-Info.htm . 32 CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised December 23,2015 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 Copies of the Bidding and Contract Documents may be purchased from: Nikki McLeroy, 817- 2 392-8363, City of Fort Worth, Transportation&Public Works, 1000 Throckmorton St., Fort 3 Worth, TX 76102. 4 5 The cost of Bidding and Contract Documents is: $35 6 7 PREBID CONFERENCE 8 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 9 BIDDERS at the following location, date,and time: 10 DATE: Tuesday, July 5, 2016 11 TIME: 9:00 A.M 12 PLACE: Transportation&Public Works, 1000 Throckmorton St., RM#: 270, Fort Worth, 13 TX 76102 14 15 LOCATION: Municipal Building, 2"d. Floor 16 17 18 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 19 City reserves the right to waive irregularities and to accept or reject bids. 20 21 FUNDING 22 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 23 revenues generated from grants and dedicated by Resolution to the work under this 24 INVITATION TO BIDDERS. 25 26 INQUIRIES 27 All inquiries relative to this procurement should be addressed to the following: 28 Attn: Kristian Sugrim, City of Fort Worth 29 Email: Kristian.Sugrim@fortworthtexas.gov 30 Phone: 817-392-8902 31 32 ADVERTISEMENT DATES 33 June 16,2016 34 June 23,2016 35 36 END OF SECTION CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised December 23,2015 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 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.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding.Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 https:Hprojectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 41 %20Construction%2ODocuinents/Contractor%2OPrequalification/TPW%2OPavin 42 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 hiips:Hproiectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPavin 48 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REO 49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?12ublic CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised August 21,2015 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 2 3.1.3. Water and Sanitary Sewer—Requirements document located at; 3 https:Hprojeetpoint.buzzsaw.com/fortworthizov/Resources/02%20- 4 %20Coiistruction%2ODocuments/Contractor%2OPrequalification/Water%o2Oand%2 5 OSanitary%2OSewer%2OContractor%2OPrequalification%2OProgram/WSS%20pre 6 qual%20requirements.doc?public 7 8 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 9 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 10 45 11,BIDDERS PREQUALIFICATIONS. 11 12 3.2.1. Submission of and/or questions related to prequalification should be addressed to 13 the City contact as provided in Paragraph 6.1. 14 15 16 33.The City reserves the right to require any pre-qualified contractor who is the apparent low 17 bidder(s)for a project to submit such additional information as the City, in its sole 18 discretion may require, including but not limited to manpower and equipment records, 19 information about key personnel to be assigned to the project, and construction schedule, 20 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 21 deliver a quality product and successfully complete projects for the amount bid within 22 the stipulated time frame. Based upon the City's assessment of the submitted 23 information,a recommendation regarding the award of a contract will be made to the 24 City Council. Failure to submit the additional information, if requested,may be grounds 25 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 26 notified in writing of a recommendation to the City Council. 27 28 3.4.In addition to prequalification, additional requirements for qualification may be required 29 within various sections of the Contract Documents. 30 31 3.5.Special qualifications required for this project include the following: 32 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 33 34 4.1.Before submitting a Bid, each Bidder shall: 35 36 4.1.1. Examine and carefully study the Contract Documents and other related data 37 identified in the Bidding Documents(including "technical data" referred to in 38 Paragraph 4.2. below).No information given by City or any representative of the 39 City other than that contained in the Contract Documents and officially 40 promulgated addenda thereto,shall be binding upon the City. 41 42 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 43 site conditions that may affect cost, progress,performance or furnishing of the 44 Work. 45 46 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 47 progress,performance or furnishing of the Work. 48 49 4.1.4. 50 CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised August 21,2015 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site(except Underground Facilities)that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and (ii)reports and drawings of Hazardous Environmental Conditions, if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "technical data." 8 9 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish. All additional information and data 11 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents.No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.7. Perform independent research, investigations,tests, borings, and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. On request, City may provide 21 each Bidder access to the site to conduct such examinations, investigations, 22 explorations,tests and studies as each Bidder deems necessary for submission of a 23 Bid. Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations, investigations,tests and studies. 25 26 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work,time required for its completion, and obtain all information 28 required to make a proposal. Bidders shall rely exclusively and solely upon their 29 own estimates, investigation,research,tests,explorations, and other data which are 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation, examinations and tests herein required. Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be 35 allowed. 36 37 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents. The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents. 42 43 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 44 £44 45 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings, if any, on the plans are for general information only. 48 Neither the City nor the Engineer guarantee that the data shown is representative of 49 conditions which actually exist. 50 CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised August 21,2015 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2. those drawings of physical conditions in or relating to existing surface and 2 subsurface structures (except Underground Facilities)which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request. Those reports and drawings may not be part of the Contract 7 Documents, but the "technical data" contained therein upon which Bidder is entitled 8 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 9 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 10 responsible for any interpretation or conclusion drawn from any "technical data" or I l any other data, interpretations, opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 14 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means,methods,techniques, sequences or 17 procedures of construction(if any)that may be shown or indicated or expressly required 18 by the Contract Documents, (iii)that Bidder has given City written notice of all 19 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 20 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 21 etc.,have not been resolved through the interpretations by City as described in 22 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnishing the 24 Work. 25 26 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 27 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 29 Documents. 30 31 5. Availability of Lands for Work,Etc. 32 33 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for 34 access thereto and other lands designated for use by Contractor in performing the Work 35 are identified in the Contract Documents. All additional lands and access thereto 36 required for temporary construction facilities, construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or permanent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 42 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 43 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 44 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel 45 the award of contract at any time before the Bidder begins any construction work on the 46 project. 47 CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised August 21,2015 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 2 way, easements, and/or permits,and shall submit a schedule to the City of how 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications 11 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding. Oral and other 14 interpretations or clarifications will be without legal effect. 15 16 Address questions to: 17 18 City of Fort Worth 19 1000 Throckmorton Street 20 Fort Worth,TX 76102 21 Attn: Kristian Sugrim 22 Fax: 817-392-8092 23 Email: Kristian.Sugrim@fortworthtexas.gov 24 Phone: 817-392-8902 25 26 27 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 28 City. 29 30 Addenda or clarifications may be posted via Buzzsaw at 31 hgps:HproiectDoint.buzzsaw.com/fortwortheov/Infrastructure%20Proiects/]00416%20- 32 %202014%20CIP%20Year%202%20%E2%80%93%2OContract%205?public 33 34 '35 6.3.A prebid conference may be held at the time and place indicated in the Advertisement or 36 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 37 Project. Bidders are encouraged to attend and participate in the conference. City will 38 transmit to all prospective Bidders of record such Addenda as City considers necessary 39 in response to questions arising at the conference. Oral statements may not be relied 40 upon and will not be binding or legally effective. 41 42 7. Bid Security 43 44 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 45 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 46 the requirements of Paragraphs 5.01 of the General Conditions. 47 CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised August 21,2015 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 4 default, rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 8. Contract Times 10 The number of days within which, or the dates by which, Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or-Equal" Items 19 The Contract, if awarded,will be on the basis of materials and equipment described in the 20 Bidding Documents without consideration of possible substitute or "or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City, application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 26 Conditions and is supplemented in Section 0125 00 of the General Requirements. 27 28 11. Subcontractors,Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 31 12-2011 (as amended),the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts. A copy of the Ordinance can be 33 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 34 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 35 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 36 Venture Form as appropriate. The Forms including documentation must be received 37 by the City no later than 2:00 P.M. CST, on the second business days after the bid 38 opening date. The Bidder shall obtain a receipt from the City as evidence the 39 documentation was received. Failure to comply shall render the bid as non- 40 responsive. 41 42 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 43 or organization against whom Contractor has reasonable objection. 44 45 12. Bid Form 46 47 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 48 obtained from the City. 49 CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised August 21,2015 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or furnish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner,whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 46 envelope, marked with the City Project Number, Project title,the name and address of 47 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 48 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 49 envelope with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised August 21,2015 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 4 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 5 must be made in writing by an appropriate document duly executed in the manner 6 that a Bid must be executed and delivered to the place where Bids are to be submitted 7 at any time prior to the opening of Bids.After all Bids not requested for withdrawal 8 are opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City, be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any)will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming,nonresponsive, unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised August 21,2015 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs,maintenance requirements, performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications, and financial 12 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization,work of a value not less than 17 35% of the value embraced on the Contract, unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised August 21,2015 omit 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pdf 10 CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary D CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Peachtree Construction, Ltd. By: J. Barry Clark 5801 Park Vista Circle Signature: 1 ) 0 Keller, TX 76244 Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 2014 CIP Year 2 Street Rehab Contract 5 Proposal CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. !J Name of person who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes = No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? = Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? = Yes = No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 LOCAL GOVERNMENT OFFICER FORM CIS CONFLICTS DISCLOSURE STATEMENT (Instructions for completing and filing this form are provided on the next page.) This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement Date Received in accordance with Chapter 176, Local Government Code. 1 Name of Local Government Officer 2 Office Held 3 Name of person described by Sections 176.002(a)and 176.003(a), Local Government Code 4 Description of the nature and extent of employment or other business relationship with person named in item 3 51 List gifts accepted by the local government officer and any family member, excluding gifts described by Section 176.003(a-1), if aggregate value of the gifts accepted from person named in item 3 exceed$250 during the 12-month period described by Section 176.003(a)(2)(B) Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift (attach additional forms as necessary) 61 AFFIDAVIT I swear under penalty of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to a family member (as defined by Section 176.001(2), Local Government Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a), Local Government Code. Signature of Local Government Officer AFFIX NOTARY STAMP ! SEAL ABOVE Sworn to and subscribed before me,by the said this the day of ,20 ,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Adopted 06/29/2007 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A "local government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent, administrator, president, or other person designated as the executive officer of the local governmental entity; or an employee of a local governmental entity with respect to whom the local governmental entity has, in accordance with Section 176.005,extended the requirements of Sections 176.003 and 176.004. This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of this statement. A local government officer commits an offense if the officer knowingly violates Section 176.003, Local Government Code. An offense under this section is a Class C misdemeanor. Please refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the numbered boxes on the other side. 1. Name of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Office Held. Enter the name of the office held by the local government officer filing this statement. 3. Name of person described by Sections 176.002(a) and 176.003(a), Local Government Code. Enter the name of the person described by Section 176.002, Local Government Code with whom the officer has an employment or other business relationship as described by Section 176.003(a), Local Government Code. 4. Description of the nature and extent of employment or business relationship with person named in item 3. Describe the nature and extent of the employment or other business relationship with the person in item 3 as described by Section 176.003(a), Local Government Code. 5. List gifts accepted, excluding gifts described by Section 176.003(a-1), if aggregate value of the gifts accepted from person named in item 3 exceed$250. List gifts accepted during the 12-month period (described by Section 176.003(a), Local Government Code)by the local government officer or family member of the officer, excluding gifts described by Section 176.003(a-1), from the person named in item 3 that in the aggregate exceed$250 in value. 6. Affidavit. Signature of local government officer. Adopted 06/29/2007 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o:The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: 2014 CIP YEAR 2-CONTRACT 5 STREET REHABILITATION AT VARIOUS LACATIONS City Project No.: 100416 Units/Sections: PAVEMENT IMPROVEMENT 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 2014 CIP Year 2 Street Rehab Contract 5 Proposal 0041 00 BID FORM Page 2 of 3 d. 'coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. HMAC Street Rehabilitation Heavy Maintenance and all items directly associated with the paving b. I tsf... t err qe c.; tsi r r tyfa i fe ft qe d. tst,scr1 tyke tarq_orfa 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 280 days 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 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 2014 CIP Year 2 Street Rehab Contract 5 Proposal 0041 00 BID FORM Page 3 of 3 subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items<use this if applicable, otherwise delete> Total Base Bid <use this if applicable, otherwise delete $0.00 Alternate Bid <use this if applicable, otherwise delete> $0.00 Deductive Alternate<use this if applicable, otherwise $0.00 Additive Alternate<use this if applicable, otherwise $0.00 Total Bid $2,531,477.50 7. Bid Submittal This Bid is submitted on Month Day, Year by the entity named below. Respectfully subtted, Receipt is acknowledged of the Initial `` following Addenda: By: Addendum No. 1: JBC (Signature) Addendum No. 2: Addendum No. 3: J. Barry Clark Addendum No. 4: (Printed Name) Title: President Company: Peachtree Construction, Ltd. Corporate Seal: Address: 5801 Park Vista Circle Keller, TX 76244 State of Incorporation: Texas Emai I: Ibclark(a2)peachtreecon.com Phone: 817-741-4658 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 2014 CIP Year 2 Street Rehab Contract 5 Proposal 00 42 43 BID PROPOSAL Page I of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value 1 3305.0108 Miscellaneous Adjustments(Utilities) 00 05 08 LS 1 $6,000.00 $6,000.00 2 0241.1300 Remove Concrete Curb&Gutter 0241 15 LF 21770 $2.50 $54,425.00 3 3216.0102 7"Concrete Curb&Gutter 32 16 13 LF 25680 $32.00 $821,760.00 4 0241.0401 Remove Concrete Driveway 0241 13 SF 47880 $2.50 $119,700.00 5 3213.0401 6"Concrete Driveway 32 13 20 SF 47880 $7.50 $359,100.00 6 0241.0100 Remove Sidewalk 0241 13 SF 12200 $1.25 $15,250.00 7 3213.0311 4"Concrete Sidewalk 32 13 20 SF 12300 $4.50 $55,350.00 8 3213.0311 4"Combination Sidewalk 32 13 20 SF 50 $6.00 $300.00 9 3232.0100 Conc.Ret.Wall with Sidewalk 32 32 13 SF 30 $25.00 $750.00 10 0241.1400 Remove Concrete Valley Gutter 0241 15 SY 142 $21.00 $2,982.00 11 3216.0302 7"Concrete Valley Gutter 32 16 13 SY 232 $75.00 $17,400.00 12 0241.0300 Remove ADA Ramp 0241 13 EA 3 $120.00 $360.00 13 9999.0000 ADA Ramp EA 8 $2,200.00 $17,600.00 14 9999.0000 Remove&Replace 5'Storm Drainage Inlet Top EA 1 $1,000.00 $1,000.00 15 9999.0000 Remove&Replace 10'Storm Drainage Inlet Top EA 1 $2,100.00 $2,100.00 16 0241.1600 Butt Joint Milling 0241 15 EA 6 $350.00 $2,100.00 17 0241.1501 Pavement Wedgemilling(1"to 0"Depth,b'Wide) 0241 15 SY 1860 $3.95 $7,347.00 18 0241.1506 2"Surface Milling 0241 15 SY 16800 $3.75 $63,000.00 19 3212.0302 2"Asphalt Pavement,Type D 32 12 16 SY 19920 $9.25 $184,260.00 20 3212.0303 3"Asphalt Pavement,Type D 3212 16 SY 24230 $14.00 $339,220.00 21 3212.0600 Asphalt Pavement Level-Up 32 12 16 TN 18 $145.00 $2,610.00 22 3124.0101 Asphalt Pavement Base Repair 32 24 00 CY 70 $325.00 $22,750.00 23 3212.0900 Crack Sealing of Existing Pavement 32 12 73 GA 185 $35.00 $6,475.00 24 0241.1700 11"Pavement Pulverization 0241 15 SY 24230 $6.50 $157,495.00 25 3211.0600 Cement Modification, 13lbs/sy 3211 33 TN 158 $200.00 $31,600.00 26 9999.0000 RoadBond ENI GA 189 $190.00 $35,910.00 27 3123.0101 Unclassified Street Excavation 31 2316 CY 75 $35.00 $2,625.00 28 3305.0205 Crush Limestone 330510 CY 22 $80.00 $1,760.00 29 0241.1800 Remove Speed Cushion 0241 15 EA 1 $1,500.00 $1,500.00 30 3346.0101 6"Perforated Subdrain Pipe 33 46 00 LF 30 $35.00 $1,050.00 31 3217.0001 4"Solid White Thermoplastic(HAS)Lane Line 32 17 23 LF 100 $3.50 $350.00 32 3217.0002 4"Solid Yellow Thermoplastic(HAS)Center Line 32 17 23 LF 100 $3.50 $350.00 33 3217.0305 Stop Bars Pavement Markings 32 17 23 LF 355 $7.50 $2,662.50 34 3217.0301 12"Solid Pavement Markings(Cross-Walk,White) 32 17 23 LF 100 $4.00 $400.00 35 3305.0111 Water Valve-Box Adjustment(with Steel Riser) 33 05 17 EA 2 $250.00 $500.00 36 3305.0112 Water Valve-Box Adjustment(with Concrete Collar) 33 05 17 EA 13 $250.00 $3,250.00 37 3305.0107 Miscellaneous Adjustment(Water Meter Box) 33 05 14 EA 220 $60.00 $13,200.00 38 3349.0101 Manhole Adjustment(with Steel Riser) 33 49 10 EA 2 $350.00 $700.00 39 3305.0112 Manhole Adjustment(with Concrete Collar) 33 05 17 EA 15 $600.00 $9,000.00 40 3217.0100 Curb Address Painting 32 17 25 EA 386 $11.00 $4,246.00 41 3292.0100 Block Sod Replacement 32 92 13 SY 4380 $8.00 $35,040.00 42 3291.0100 Topsoil 32 92 13 CY 10 $35.00 $350.00 43 0171.0001 Construction Staking 01 71 23 LS 1 $4,000.00 44 9999.0096 Paving Construction Allowance LS 1 $123,650.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 2014 CIP Year 2 Street Rehab Contract 5 Proposal 00 42 43 BID PROPOSAL Page 2 of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity Bid Summary Base Bid Total Base Bid Alternate Bid Total Alternate Bid Deductive Alternate Bid Total Deductive Alternate Bid Additive Alternate Bid Total Additive Alternate Bid Total Bidl $2,531,477.50 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revisal 20120120 2014 CIP Year 2 Street Rehab Contract 5 Proposal 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 ofFort Worth , as Obligee, in the sum Of Five(S%)Percent of the Greatest Aniount Bid Dollars ( 5% )for the 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 2014 CIP YEAR 2.STREETREHAB CONTRACTS. #100416 ("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 14th day of July 2016 Peachtree Construction,LTD. (Principal) By: � R n (�— Travelers Casualty and S etyCom ny of America By: AAa U�ao b Linda K.Edwards , Attorney-in-Fact WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER i01k POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 228777 Certificate No.006787163 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is 0 corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Steven B.Siddons,Shirong Chen,Holly A.Gravenor,Lorrie Scott,and Linda K.Edwards of the City of Fort Worth State of Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of May , 2016 . Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company p�sti,� _c41i1Y F�Re 6 i�µ�S ••'irtsu""� cr aqo ,rys.u�,, Y <�. \`Y'- ��. .y \ ..G P'�.........q9" Je•� s Nw S�ua.'ry F?� 'K'O F i w:coTf''" �-S (1 It t /Its rC0 RA1F6 e: %?ORA O- o •D� G - ..... ` 4 � 1 og !i €f s a HMTFORD, < H4RrF6gD, '`+ Z Y 195 tet•senI 'o f ' ' `` ... o. coxN. caw. a ~n tass y a y os mss',. .lS,f s SSAL:'a= '•. � �d � w�ne+eF v1... �D: v�.. �,a° >sb +Di 'h�••• '��a� �f�/1 State of Connecticut By: Y City of Hartford ss. Robert L.Raney,Senior Vice President On this the 10th day of MaY 2016 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing, instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021. 10118UG * Marie C.Tetreault,Notary Public 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in frill 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 Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this_1�6 day of'� 20 �. Kevin E.Hughes,Assistant Sec tart' 1NSU R9 �'Uopyi�J� r�°°n"'r o c -._ y*z Qp..—......,•yam �,`J..............4 5 o t+ � �\� �' - xn, JI�nRP...R�l�t� i`u:'GOHPORATf'm3 o m� .� 4��J ti4RTF0 STsA.ZM1 s E: .n s a HARTFORD, + g, * Sa 1951 o - Ji.S'E AL.•oni i�E, > s �•.. .;P f �6 ,aD >s a;o e �.....••°,��° �o To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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(�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-042-8) Ed.10.18.07 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. F--,] BIDDER: Peachtree Construction, Ltd. By: J. Barry Clark 5801 Park Vista Circle 0 (Signature) Keller, TX 76244 Title: President Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 2014 CIP Year 2 Street Rehab Contract 5 Proposal 0045 11-1 BIDDERS PREQUALIFICATIONS Page I of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/ and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH 2014 CIP Year 2-Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised July I,2011 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent that is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. CITY OF FORT WORTH 2014 CIP Year 2-Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised July 1,2011 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 c. The City will issue a letter as to the status of the prequalification approval. 2 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 3 the prequalified work types until the expiration date stated in the letter. 4 5 6 7 8 9 END OF SECTION 10 CITY OF FORT WORTH 2014 CIP Year 2-Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised July 1,2011 004512 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date HMAC Street Rehabilitation Heavy Maintenance and all Peachtree Construction 1-Jan-17 items directly associated with the paving List work type here or space List work type here or space List work type here or space The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Peachtree Construction, Ltd. By: J. Barry Clark 5801 Park Vista Circle � R , C� 0 (Signature) Keller, TX 76244 Title: President Date: '1 - 14-IL END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 2014 CIP Year 2 Street Rehab Contract 5 Proposal PREQUALIFICATION REQUIREMENTS FOR PAVING CONTRACTORS 1. A current Financial Statement must be provided. The Transportation and Public Works Department requires that the original Financial Statement, or a certified copy be submitted for consideration. 2. For those seeking first time qualification, references of related work(at least 5) must be provided. Each reference must include the following: a. Project Name and Location b. Type of project—Concrete Paving Construction or Reconstruction, Asphalt Paving Construction Reconstruction, or Asphalt Paving Heavy Maintenance. c. An indication of whether the Contractor served as the prime or as a subcontractor on each of the referenced projects d. Contractor's contact person and telephone number(s) e. Name of the city where work was performed along with contact name and telephone number of the assigned City Inspector f. Amount of construction contract g. Type of paving performed and general description of work elements (asphalt, base construction, sub-base treatment, geo-grid fabric, concrete, reinforcing,thickness, jointing) h. Date of project—start date for construction and completion date i. The above requirement for 5 project references may be waived if: • The contractor can otherwise demonstrate that he/she has the construction experience to perform the type of work for which he/she is being considered, and • The contractor provides sufficient evidence that he/she has the financial ability to both complete and warranty the work, and • The contractor acknowledges that under this provision of the requirements for pre-qualification that the contractor will be limited to 15,000 square yards of concrete or asphalt pavement construction or$1,000,000 of pavement rehabilitation. • The contractor acknowledges that the limitation on this type of work for the City of Fort Worth will remain in force until such time as the contractor demonstrates the capability to satisfactorily perform and complete the type of work covered by the restriction. 3. Include in the submission an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking certification. The schedule must include the manufacturer, model and general common description of each piece of equipment. 4. The following information must be provided regarding construction experience: a. Number of years the company has been in business as a General Contractor under the present business name b. Other names under which the company has operated including the full name of the company and where that company performed work c. An indication of the number of years of concrete/asphalt pavement construction experience as a general contractor and as a sub-contractor d. Experience of the principals of the company, including name,present position, years of experience, type of experience, licenses, and certifications. e. If the Contractor or any present partners or officers have ever failed to complete a contract, provide details about those contracts including name of the project, owner/engineer, contract price, contact person, and the surety that was involved. f. Provide details of any instances when the Contractor, any present partners or company officers have filed for bankruptcy or have been part of a company that has filed for bankruptcy. 5. Any Contractor who becomes qualified under these provisions and remains in good standing with the City will only be required to submit a newly compiled or reviewed financial statement before each 2 year anniversary of initial qualification. Should a Contractor fail to submit the required information before any 2 year anniversary, he/she will be so advised and will be allowed 6 months to provide the required financial statement. If a financial statement is then not provided within the specified 6 month period, the Contractor will be removed from the list of qualified Contractors and he/she will be required to provide all indicated information as would a new contractor before being considered further for qualification. July 29, 2014 TYPES AND LEVELS OF QUALIFICATION MACHINE LAID CONCRETE PAVING CONSTRUCTION/RECONSTRUCTION Machine Laid Concrete Paving Construction/Reconstruction LESS THAN 15,000 square yards A Contractor may be deemed as pre-qualified to perform concrete paving as a Prime Contractor with the City of Fort Worth if the required pre-qualification information submitted by the Contractor demonstrates through financial stability, experience and available resources that the Contractor should be able to perform the indicated level of work. If the Contractor is pre-qualified for this level, the Contractor will only be considered qualified to perform concrete paving on projects that include less than 15,000 square yards. Machine Laid Concrete Paving Construction/Reconstruction 15,000 square yards and GREATER A Contractor may be deemed as pre-qualified to perform concrete paving as a Prime Contractor with the City of Fort Worth if the required pre-qualification information submitted by the Contractor demonstrates through financial stability, experience and available resources that the Contractor should be able to perform the indicated level of work. If the Contractor is pre-qualified for this level, the Contractor will not be limited on the size of project upon which he or she may bid. I Pre-Qualification is not required for Hand Laid Concrete Pavement or Bridge Deck Construction/Reconstruction unless specifically called for in the project plans or specifications. r F G �F ASPHALT PAVING CONSTRUCTION/RECONSTRUCTION Asphalt Paving Construction/Reconstruction LESS THAN 1.5,000 square yards A Contractor may be deemed as pre-qualified to perform asphalt paving as a Prime Contractor with the City of Fort Worth if the required pre-qualification information submitted by the Contractor demonstrates through financial stability, experience and available resources that the Contractor should be able to perform the indicated level of work. If the Contractor is pre-qualified for this level,the Contractor will only be considered qualified to perform asphalt paving on projects that include less than 15,000 square yards. Asphalt Paving Construction/Reconstruction 15,000 square yards and GREATER A Contractor may be deemed as pre-qualified to perform asphalt paving as a Prime Contractor with the City of Fort Worth if the required pre-qualification information submitted by the Contractor demonstrates through financial stability, experience and available resources that the Contractor should be able to perform the indicated level of work. If the Contractor is pre-qualified for this level, the Contractor will not be limited on the size of project upon which he or she may bid. ASPHALT PAVING HEAVY MAINTENANCE Asphalt Paving Heavy Maintenance UNDER$1,000,000 A Contractor may be deemed as pre-qualified to perform asphalt paving heavy maintenance as a Prime Contractor with the City of Fort Worth if the required pre- qualification information submitted by the Contractor demonstrates through financial stability, experience and available resources that the Contractor should be able to perform the indicated level of work. If the Contractor is pre-qualified for this level, the total amount of the bid for asphalt paving heavy maintenance and all items directly associated with the paving shall be less than$1,000,000. Asphalt Paving Heavy Maintenance$1,000,000 and OVER A Contractor may be deemed as pre-qualified to perform asphalt paving heavy maintenance as a Prime Contractor with the City of Fort Worth if the required pre- qualification information submitted by the Contractor demonstrates through financial stability, experience and available resources that the Contractor should be able to perform the indicated level of work. If the Contractor is pre-qualified for this level, the Contractor will not be limited on the size of project upon which he or she may bid. August 6, 2013 00 45 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date HMAC Street Rehabilitation Heavy Maintenance and all items directly associated with the paving List work type here or space Company Name Hereor space Date Hereor.space List work type here or space Company Name Here or space Date�Here orspace` List work type here or space Company Name"Here or space ` , Date He or space The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Company Name Here By: Printed Name Here Address Here Address Here or Space (Signature) City, State Zip Code Here Title: Title Here Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook.xls FORT WORTH SECTION 00 4513 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership Name under which you wish to qualify General Partnership Corporation Limited Liability Company Post Office Boa City State Zip Code Street Address(required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 0045 13-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR ❑ Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches,and 350 LF or less Tunneling-36-Inches—60—inches, and greater than 350 LF Tunneling—66"and greater, 350 LF and greater Tunneling—66"and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution,Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution,Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal,24-inches and smaller Water Transmission,Development, 42-inches and smaller Water Transmission,Urban/Renewal, 42-inches and smaller Water Transmission,Development,All Sizes Water Transmission,Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV, 48-inches and smaller CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised December 20,2012 0045 13-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so, where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual,name of owner and reason. CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised December 20,2012 0045 13-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so,when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised December 20,2012 0045 13-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles, if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised December 20,2012 0045 13-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model, and general common description of each. CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised December 20,2012 0045 13-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the parry to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force,necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of ' the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer,director,or stockholder or relative thereof. CITY OF FORT WORTH 2014 CIP YEAR 2—CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised December 20,2012 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 i SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 01893. Contractor further certifies that,pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 2 PEACHTREE CONSTRUCTION,LTD. By: J. CLARK 13 Company (Please Print) 14 g 15 5801 PARK VISTA CIR. Signature: 16 Address 17 18 KELLER, TX 76244 Title: NVESIDENT 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME,the undersigned authority, on this day personally appeared 27 J,&qM CUjp , known to me to be the person whose name is 28 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 29 the act and deed of PEACHTREE CONSTRUCTION,LTD. for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7 day of 33 (D , 20 1(0 34 35 �Zat+++aCHERYL JEROME Y Pp p ,o. •Notary Public,State of Texas 37 -� ::e36 No ary Public i nd or the State of Texas =N' :,, Comm.Expires 08-02-2020 ID 616044 1 38 �'��;�oi��` Notary 39 END OF SECTION 40 CITY OF FORT WORTH 2014 CIP Year 2-Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100416 Revised July 1,2011 FORT WORTH City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR OFFERORS APPLICATION OF POLICY If the total dollar value of the contract is$50,000 or more,then a MBE subcontracting goal is applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this project is 12 % of the base bid value of the contract. Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or; 3. Good Faith Effort documentation, or; 4. Prime Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Purchasing Division, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received no later than 2:00 p.m., on the second City business day met or exceeded: after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if participation is less than after the bid opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if no MBE participation: after the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day perform all subcontracting/supplier work: after the bid opening date, exclusive of the bid opening date. 5. Joint Venture Form, if goal is met or received no later than 2:00 p.m., on the second City business day exceeded: after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION PERIOD OF THREE YEARS. Any questions, please contact the M/WBE Office at(817)212-2674. Rev.2/10/15 005243-1 Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on September 13, 2016 is made by and between the City of 4 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 5 Manager, ("City"), and Peachtree Construction, Ltd, authorized to do business in Texas, acting 6 by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 2014 CIP Year 2 Contract 5 Street Rehabilitation 16 City Proiect Number 100416 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 280 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding, the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. CITY OF FORT WORTH 2014 CIP)ear 2 Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100416 Revised August 17,2012 005243-2 Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of Two Million, Five Hundred Thirty-One Thousand, 38 Four Hundred Seventy-Seven and 50/100 DOLLARS ($2,531,477.50). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents (project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Forms) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CITY OF FORT WORTH 2014 CIP)ear 2 Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100416 Revised August 17,2012 005243-3 Agreement Page 3 of 4 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of,the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages beim 81 sought were caused, in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs,expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees,from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act,omission or negligence of the city. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH 2014 CIP Year 2 Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100416 Revised August 17,2012 005243-4 Agreement Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties(`Effective Date"). 127 Contractor: PEACHTREE CONSTRUCTION,LTD. City of Fort Worth By: 46= Jay Chapa By: ..� Assistant City Manager (Signature) JJ Date J.6AFRY CLAW Attest: (Printed Name) City Secretary Op (Seal) Title: PRESIDEW off-) , Address: 5801 PARK VISTA CIR. ® V j M&C Z Date: /6 *��o° �C 05 City/State/Zip: KELLER, TX 76244 Approved as to Form and Legality: to-'1-IL Date Douglas W. Black Assistant City Attorney 128 129 130 PROVAL RECOMMENDED: 131 132 / bi 133 (N 134 Douglast rsig,P.E. 135 DIRECT _ , 136 Departinent of Transportation &Public Works 137 OFFICIAL RECORD CITY SECRETARY FT.WORTHTX CITY OF FORT WORTH 2014 CIP Year 2 Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100416 Revised August 17,2012 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 Ba-d #106478052 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 'Trawlers Cas alty c-rd Omlmny of Arerica , 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 1 I pursuant to the laws of Texas, known as "City"herein, in the penal sum of, TWO MILLION, 12 FIVE HUNDRED THIRTY-ONE THOUSAND FOUR HUNDRED SE VENTY-SE VEN AND 13 50/100 Dollars ($2,531,477.50), 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 13th day of September,2016 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 2014 CIP Year 2 Contract S Street Rehabilitation 22 City Project Number 100416; 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall 24 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 25 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. 32 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 33 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 34 accordance with the provisions of said statue. 35 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 36 this instrument by duly authorized agents and officers on this 13th day of September,2016. CITY OF FORT WORTH 2014 CIP Year 2 Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cit) Project Number 100416 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Pale 2 of 2 1 PRINCIPAL: 2 Peachbme Gxstlticn, Ltd 4 5 BY: --� 6 Si ature 7 ATT T: 8 9 J. Bmy t- Clark, Presids 10 (Principal) Secre ry Name and Title 11 12 Address: 5801 Park Vista Cirrle 13 Nel e , TX 76244 14 15 16 Wi ss as to incipal 17 SURETY: 18 filers Casqaalty and surety Qmpff V of Arprica 19 20 \21 BY: _ 22 Signature 23 24 r irrh K. Biords . AtbmW—its-P� 25 Name and Title 26 27 Address: 2900 Mar43jta Dr, 28 Fbrt Rxffi, TX 76116 29 30 31 Witness as to Surety jfzzie Sa±t Telephone Number: 817-737-4943 32 33 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 to sign 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 2O14 CIP Year 2 Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100416 Revised July 1,2011 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �A POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 228777 Certificate No.006787209 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Steven B.Siddons,Shirong Chen,Holly A.Gravenor,Lorrie Scott,and Linda K.Edwards of the City of Fort Woitb State of Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of, contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of May , 2016 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company yFiRE 6 �;RS +{1N51/q vy Jp�tY App 1R6.w,9t1Y YY'Y"�!/ ,2, T� J y O. .q �`'JP;..........9,J,•. a sL C� r r�� ti obi�r + r[.O flA)F6 3Q' RPORA 'c= gat 4+� 1 2 S V n �..w.rwyttQ) Z3 f w m x W.•'p0 Tt.jC�' \\1 9 8 2 O < 19]7 �^ - { ?Z: ...- :O_ m HARTFORD. r3 S '� .S 'HAPTF61A,1�" a � 'CONN. n COfRL 7896 < `: S$.L13- a y �i s�1. Otr L•.. Q 6+. D i {\w try� AN j � �SVS GFO a-•.......•;ia f d.•.. d >b ya �pf••,, .1� State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 10th day of May 2016 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. eog, In Witness Whereof,I hereunto set my hand and official seal. �7�1�/" vMy Commission expires the 30th day of June,2021. Marie C.Tetreault,Notary Public 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more 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 Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 11% day of Se c �,c�be.c 20 1a. Kevin E.Hughes,Assistant Sec tary pASU,AC Y''TMw`rG Aa.Y FIRE 6 '��N�ENSU r"j�NSVq`'n pbTY AHO SVA �jYM p'20PP'Rf.7L V�r4M'maG,o G i QQ:. .,' s r6u9A AG '�F1a t1jo 4�0 COG, $tpon4;1 Pr D i 9 L F.c': :N:pOaPORATf2.C,. ma I €S E :n a HARTFORD, FNDom. s r. ' 1951 a _ of CONN. n Y 0 1896 o: SEAL;%a o e .:... sb R yai e ....•+�'`�� `�1j A To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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: ConsumerProtectionaa-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 0061 14-1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 Bald #106478052 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 malty and qty Qpany of A nerica. a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of TWO MILLION FIVE HUNDRED THIRTY-ONE THOUSAND FOUR 13 HUNDRED SEVENTY-SEVEN AND 501100 Dollars ($2,531,477.50), 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 13th day of September,2016,which Contract is hereby referred to and made a part hereof for all 19 purposes as if fiilly 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 2014 CIP Year 2 Contract S Street Rehabilitation City Project Number 100416; 22 23 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any(and all)payment bond beneficiary(as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract,then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH 2014 CIP)ear 2 Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100416 Revised July 1,2011 006114-2 PAYMENTBOND 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 13th day of September,2016. 3 PRINCIPAL: Peadtree Cmstrlacti i, Lbd. ATTEST: BY: Ci Signatuk J. Barry Clap, Presi r7Pr,F (Principal) Secreta Name and Title Address: 5801 Park Vista Cim1e j Keller, TX 76244 Wi ss as to h5rinclipal SURETY: Ttavelers Casualty and spy Cmpar1y cE Pnierica ATTEST: BY: Signature Linda.K. B cords, Atter in--F : (Surety) ecretaiy HcUy A. Crava= Name and Title Address: 2900 marg ita rr. Ft rt nth. TX 76116 Witness as to Surety Tc n-lp SOCJtt Telephone Number:817-73714943 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CITY OF FORT WORTH 2014 CIP Year 2 Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100416 Revised July 1,2011 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER iA► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 228777 Certificate No.006787215 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insuragpp Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Steven B.Siddons,Shirong Chen,Holly A.Gravenor,Lorne Scott,and Linda K.Edwards of the City of Fort Worth State of Texas thein true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of May 2016 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company �,tiSU.,�T 1Ytl VFIRE� ;�N. G P.�1NSUq'-.,, �rITY Aryo !la„uel7y" �F��y�Wp > �tu»rFanall s a 1951 :SEAL .�:3HALia: coNN. o e �ca+N. 0 1896 ��a �'�', .t *� �� xANCE GO z V fs�•AN�yc,,r v1:.^ ..:Naa >`b +ar ?�1 V'i ,- >„K ....^ ✓ s�' r r ,,a :vim° �AtN State of Connecticut By: t " City of Hartford ss. Robert L.Raney,Senior Vice President On this the 10th day of May 2016 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Pal, Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelefs Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021. AUBU� * Mamie C.Tetreault,Notary Public Ct �s 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-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 then-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 Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this V��b day of 20 . Kevin E.Hughes,Assistant Sec tary GASfI,��T TY .y FARE 4 ti sip �'�t xSU q, JptTY AH08 gg,.,(llF,yj�CSVA�y �lYq/� :............ /'S �C1 INCOR�ITED� � T� Z J CORPORA>F h iiW!-GORPORq Tf;;�l'� aP 9m.� � 5 �41HL �'o-cF'.ittD� S hE S y 2 y 1951 " - �:SEAt�oj S9AL:'s°F ;� CONH. o e �carv. Te9s Nv4.. .... To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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(a)-tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or 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 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 Ba-d #106478052 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 Tra -JE s Casualty and suety CbTpmV of Arerica , 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 TWO 13 MILLION FIVE HUNDRED THIRTY-ONE THOUSAND FOUR HUNDRED SEVENTY- 14 SEVENAND 50/100 Dollars ($2,531,477.50), lawful money of the United States,to be paid in 15 Fort Worth,Tarrant County, Texas,for payment of which sum well and truly be made unto the 16 City and its successors,we bind ourselves, our heirs, executors, administrators, successors and 17 assigns,jointly and severally, firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 20 13 I day of September,2016,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 2014 CIP Year 2 Contract S Street Rehabilitation City Project Number 100416; 25 and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. 35 CITY OF FORT WORTH 2014 CIP Year 2 Contract S STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cio,Project Number 100416 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH 2014 CIP)ear 2 Contract 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cio,Project Number 100416 Revised July 1,2011