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City Project No. 100773
Betsy Price David Cooke
Mayor City Manager
Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
OFFICIAL.115CQRD
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The City of Fort Worth FT. ORTRo TX
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FORTWORTH,
City of Fort Worth
Standard Construction Specification
Documents
Adopted September 2011
000000-1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 1 of 3
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
00 41 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 52 43 Agreement
0061 13 Performance Bond
0061 14 Payment Bond
0061 19 Maintenance Bond
0061 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
0131 20 Project Meetings
01 32 16 Construction Progress Schedule
01 3233 Preconstruction Video
01 35 13 Special Project Procedures
01 45 23 Testing and Inspection Services
01 5000 Temporary Facilities and Controls
01 5526 Street Use Permit and Modifications to Traffic Control
01 5813 Temporary Project Signage
01 70 00 Mobilization and Remobilization
01 7123 Construction Staking
01 7423 Cleaning
01 77 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
Division 02-Existing Conditions
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised February 2,2016
000000-2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 2 of 3
02 41 15 Paving Removal
Division 03-Concrete
033000 Cast-In-Place Concrete
Division 31-Earthwork
31 23 16 Unclassified Excavation
Division 32 Exterior Improvements
32 1133 Cement Treated Base Courses
32 12 16 Asphalt Paving
32 12 73 Asphalt Paving Crack Sealants
32 13 20 Concrete Sidewalks,Driveways and Barrier Free Ramps
321613 Concrete Curb and:Gutters and Valley Gutters
32 17 23 Pavement Markings
32 17 25 Curb Address Painting
3291 19 Topsoil Placement and Finishing of Parkways
32 92 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
34 71 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:
hips://projectoint.buzzsaw,corn/clieiittfortworthgov/Resources/02%20
ro20Constniction°/o20Documents/Specifications.
Division 99—Special Technical Specifications
Appendix [Include appropriate Sections below. Delete or strikethru if not used.]
GC-4.01 Availability of Lands
GC-4.02 Subsurface and Physical Conditions
GC4.04 Underground Facilities
GC406 Hazardous Environmental Condition at Site
GC-6.06,1 Minority and Women Owned Business Enterprise Compliance
GC-6.07 Wage-Rates
GC-6.09 Permits and Utilities
GC-6.24 Nondiscrimination
GR-01 60 00 Product Requirements
END OF SECTION
CITY OF FLIRT WORTH HMAC 2017-10(CI)BO).STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised February 2,2016
C-28233 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 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-191357
Peachtree Construction,Ltd,
Keller,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/12/2017
being filed.
^j
City of Fort Worth Date Acknowledge ( �(
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.
HMAC 2017-10 CDBG St.Rehab.
HMAC 2017-10 CDBG St.Rehab.
4 Nature of interest
Nance 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
3
Peachtree International,LLC Keller,TX United States X
i
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.
�UtYp�'ii
CHERYL JEROME
Notary public,State of Texas
Comm.Expires 08-02-2020
Notary ID 616044-1 Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
sworn to and subscribed before me,by the said -1 muR j C Lft4- this the 17— day of d'
20_j-
I_,to certify which,witness my hand and seal of office.
a.
Signatur of cer administering oath Printed name of officer administering oath Tide of officer administering oath
I
Forms provided by Texas Ethics Commission www.ethfcs.state.tx.us Version V1.0.883
I
I
M&C Review Page I of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fob
COUNCIL ACTION: Approved on 6/9/2017
DATE: 5/9/2017 REFERENCE C-28233 LOG NAME: 19HMAC 2017-10 (CDBG)
NO.: STREET RECONSTRUCTION
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Contract with Peachtree Construction, Ltd., in the Amount of
$1,176,955.50 for the Hot Mix Asphaltic Concrete Surface Overlay 2017-10 Project to
Reconstruct Five Residential Street Segments in Eligible Low-and Moderate-Income
Neighborhoods, and Provide for Staff and Other Project Costs for a Total Project Amount
of $1,329,955.50 (COUNCIL DISTRICTS 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a contract with Peachtree Construction, Ltd., in the amount of
$1,176,955.50 for the Hot Mix Asphaltic Concrete Surface Overlay 2017-10 Project to reconstruct
five residential street segments in eligible low- and moderate-income neighborhoods; and
2. Authorize substitution of Action Plan funding years selected in order to achieve project goals.
DISCUSSION:
On August 4, 2015, Mayor and Council Communication (MSC G-18521) the City Council approved
the City's 2015-2016 Annual Action Plan which included $1,201,521.53 in Community Development
Block Grant(CDBG)funds for the reconstruction of 10 residential street segments in CDBG-eligible
areas of the City. There are CDBG funds left over from prior years' street reconstruction projects, and
those funds will be added to the funds approved in this MSC for the project.
Available funding will be used to reconstruct 500-699 W. Broadus Street, 5100-5299 Foard Street,
700-999 W. Hammond Street, 400-599 Cartwright Avenue and 3700-3999 Gordon Avenue, the five
street segments which ranked highest by T/PW for reconstruction. Due to increased construction
costs, the project only includes five street segments rather than the 10 segments originally approved
in the 2015-2016 Action Plan.
On February 16, 2017 and February 23, 2017, the project was advertised for bid in the Fort Worth
Star-Telegram. On March 16, 2017, the following bids were received:
Bidders Amount
Peachtree Construction, Ltd. $1,176,955.50
LB Contracting, LLC $1,306,823.05
dvanced Paving Acquisition Ltd. $1,336,791.85
Peachtree Construction, Ltd., was the lowest responsible and responsive bidder.
i M/WBE Office- Peachtree Construction, Ltd., is in compliance with the City's BDE Ordinance by
committing to four 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 respond or did not submit the lowest bids. The City's MBE
goal on this project is eight percent.
Staff recommends that City Council award a contract to Peachtree Construction, Ltd., in the amount
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24592&councildate=5/9/2017 5/16/2017
M&C Review Page 2 of 2
of$1,176,955.50, which is consistent with the bid amount, for the HMAC Surface Overlay 2017-10
Project. The City will use an additional $153,000.00 for inspections, testing and advertising/printing
for a total project amount of$1,329,955.50. The total amount allocated for this project is
$1,336,521.53 and any remaining funds may be used for approved change orders. This funding
requires Interdepartmental Letters of Agreement pursuant to applicable laws and regulations
governing the use of federal grant funds.
The streets recommended for reconstruction are in COUNCIL DISTRICTS 8 and 9, Mapsco 64N,
90C, 90M, 91J and 92K.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the Grants Operating Federal Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8187)
Additional Information Contact: Chad LaRoque(2661)
ATTACHMENTS
(HMAC 2017-10) CDBG Street Segments.pdf
Form 1295 Signed Certificate 100202274.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24592&councildate=5/9/2017 5/16/2017
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:
11
12 Bidlist Items Nos. 3 and 5 have been revised 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: 1 ...1 C- By: �,...-
24
25
26
27
28
29
30
31
32
33 END OF SECTION
CITY OF FORT WORTH HMAC(2017-10)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised July 1,2011
001113-1
INVITATION TO BIDDERS
Page 1 of 2
1 SECTION 00 11 13
2 INVITATION TO BIDDERS
3
4 RECEIPT OF BIDS
5 Sealed bids for the construction of HMAC 2017-10(CDBG) STREET REHABILITATION,
6 100773 will be received by the City of Fort Worth Purchasing Office:
7
8 City of Fort Worth
9 Purchasing Division
10 200 Texas Street
11 Fort Worth,Texas 76102
12 until 1:30 P.M. CST, Thursday, March 16, 2017, and bids will be opened publicly and read aloud
13 at 2:00 PM CST in the Council Chambers.
14
15 GENERAL DESCRIPTION OF WORK
16 The major work will consist of the(approximate)following:
17
18
16200 SY. 2"HMAC Surface Course,Type D
17360 S.F. Remove and Replace 4"Concrete Sidewalk
9400 L.F. Remove and Replace Concrete Curb&Gutter
13260 S.F. Remove and Replace 6"Concrete Driveway
16200 SY. 10"Pulverization
200 LF. Pavement Restriping
19
20
21 PREQUALIFICATION
22 The improvements included in this project must be performed by a contractor who is pre-
23 qualified by the City at the time of bid opening.The procedures for qualification and pre-
24 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS.
25
26 DOCUMENT EXAMINATION AND PROCUREMENTS
27 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City
28 of Fort Worth's Purchasing Division website at bttp://www.fortworthtexas.go_v/purchasing/and
29 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The
30 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or
31 suppliers. The contractor is required to fill out and notarize the Certificate of Interested
32 Parties Form 1295 and the form must be submitted to the Project Manager before the
33 contract will be presented to the City Council.The form can be obtained at
34 https://www.ethics.state.tx.us/tec/1295-Info.htm .
35
36 Copies of the Bidding and Contract Documents may be purchased from: :Nikki McLeroy, 817-
37 392-8363, City of Fort Worth, Transportation&Public Works, 200 Texas St.,Fort Worth,TX
38 76102.
39
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised December 22,2016
0011 13-2
INVITATION TO BIDDERS
Page 2 of 2
1 The cost of Bidding and Contract Documents is: $35.00
2 Set of Bidding and Contract Documents with full size drawings:
3 Set of Bidding and Contract Documents with half size(if available) drawings:
4
5 PREBID CONFERENCE
6 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO
7 BIDDERS at the following location, date,and time:
8 DATE: Friday,March 3, 2017
9 TIME: 9:00 A.M
10 PLACE: Transportation&Public Works, 200 Texas St.,RM#: 270,Fort Worth,
11 TX 76102
12
13 LOCATION: Municipal Building,2"d. Floor
14
15
16 CITY'S RIGHT TO ACCEPT OR REJECT BIDS
17 City reserves the right to waive irregularities and to accept or reject bids.
18
19
20 FUNDING
21 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from
22 revenues generated from grants and dedicated by Resolution to the work under this
23 INVITATION TO BIDDERS.
24
25 INQUIRIES
26 All inquiries relative to this procurement should be addressed to the following:
27 Attn: Kristian Sugrim, City of Fort Worth
28 Email: Kristian.Sugrim@fortworthtexas.gov
29 Phone: 817-392-8902
30
31
32 ADVERTISEMENT DATES
33 February 16, 2017
34 February 23,2017
35
36
37 END OF SECTION
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised December 22,2016
0021 13-1
INSTRUCTIONS TO BIDDERS
Page 1 of 10
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.coin/fortwoi thgov/Resources/02%20-
41 %20Construction%2ODocuments/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 https:Hprojectpoint.buzzsaw.coin/fortwoi-thgov/Resources/02%20-
47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving
48 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ
49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised August 21,2015
0021 13-2
INSTRUCTIONS TO BIDDERS
Page 2 of 10
1
2
3 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within
4 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00
5 45 11,BIDDERS PREQUALIFICATIONS.
6
7 3.2.1. Submission of and/or questions related to prequalification should be addressed to
8 the City contact as provided in Paragraph 6.1.
9
10
11 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low
12 bidder(s)for a project to submit such additional information as the City, in its sole
13 discretion may require,including but not limited to manpower and equipment records,
14 information about key personnel to be assigned to the project, and construction schedule,
15 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to
16 deliver a quality product and successfully complete projects for the amount bid within
17 the stipulated time frame.Based upon the City's assessment of the submitted
18 information,a recommendation regarding the award of a contract will be made to the
19 City Council. Failure to submit the additional information,if requested,may be grounds
20 for rejecting the apparent low bidder as non-responsive.Affected contractors will be
21 notified in writing of a recommendation to the City Council.
22
23 3.4.In addition to prequalification,additional requirements for qualification may be required
24 within various sections of the Contract Documents.
25
26 3.5.Special qualifications required for this project include the following:
27 4. Examination of Bidding and Contract Documents,Other Related Data,and Site
28
29 4.1.Before submitting a Bid,each Bidder shall:
30
31 4.1.1. Examine and carefully study the Contract Documents and other related data
32 identified in the Bidding Documents(including"technical data"referred to in
33 Paragraph 4.2.below).No information given by City or any representative of the
34 City other than that contained in the Contract Documents and officially
35 promulgated addenda thereto, shall be binding upon the City.
36
37 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and
38 site conditions that may affect cost,progress,performance or furnishing of the
39 Work.
40
41 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost,
42 progress,performance or furnishing of the Work.
43
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised August 21,2015
0021 13-3
INSTRUCTIONS TO BIDDERS
Page 3 of 10
1 4.1.4.>Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78
2 Stat.252,42 U.S.C. 2000d to 2000d-4 and Title 49,Code of Federal Regulations,
3 Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
4 Nondiscrimination in Federally-assisted programs of the Department of
5 Transportation issued pursuant to such Act, hereby notifies all bidders that it will
6 affirmatively insure that in any contract entered into pursuant to this advertisement,
7 minority business enterprises will be afforded full opportunity to submit bids in
8 response to this invitation and will not be discriminated against on the grounds of
9 race, color, or national origin in consideration of award.
10
11 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or
12 contiguous to the Site and all drawings of physical conditions relating to existing
13 surface or subsurface structures at the Site(except Underground Facilities)that
14 have been identified in the Contract Documents as containing reliable "technical
15 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any,
16 at the Site that have been identified in the Contract Documents as containing
17 reliable "technical data."
18
19 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of
20 the information which the City will furnish. All additional information and data
21 which the City will supply after promulgation of the formal Contract Documents
22 shall be issued in the form of written addenda and shall become part of the Contract
23 Documents just as though such addenda were actually written into the original
24 Contract Documents.No information given by the City other than that contained in
25 the Contract Documents and officially promulgated addenda thereto, shall be
26 binding upon the City.
27
28 4.1.7. Perform independent research, investigations,tests,borings, and such other means
29 as may be necessary to gain a complete knowledge of the conditions which will be
30 encountered during the construction of the project. On request, City may provide
31 each Bidder access to the site to conduct such examinations, investigations,
32 explorations,tests and studies as each Bidder deems necessary for submission of a
33 Bid. Bidder must fill all holes and clean up and restore the site to its former
34 conditions upon completion of such explorations, investigations,tests and studies.
35
36 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the
37 cost of doing the Work,time required for its completion, and obtain all information
38 required to make a proposal.Bidders shall rely exclusively and solely upon their
39 own estimates, investigation,research,tests,explorations, and other data which are
40 necessary for full and complete information upon which the proposal is to be based.
41 It is understood that the submission of a proposal is prima-facie evidence that the
42 Bidder has made the investigation, examinations and tests herein required. Claims
43 for additional compensation due to variations between conditions actually
44 encountered in construction and as indicated in the Contract Documents will not be
45 allowed.
46
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised August 21,2015
0021 13-4
INSTRUCTIONS TO BIDDERS
Page 4 of 10
1 4.1.9. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or
2 between the Contract Documents and such other related documents. The Contractor
3 shall not take advantage of any gross error or omission in the Contract Documents,
4 and the City shall be permitted to make such corrections or interpretations as may
5 be deemed necessary for fulfillment of the intent of the Contract Documents.
6
7 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of-
8
£8
9 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to
10 the site which have been utilized by City in preparation of the Contract Documents.
11 The logs of Soil Borings, if any, on the plans are for general information only.
12 Neither the City nor the Engineer guarantees that the data shown is representative
13 of conditions which actually exist.
14
15 4.2.2. those drawings of physical conditions in or relating to existing surface and
16 subsurface structures(except Underground Facilities)which are at or contiguous to
17 the site that have been utilized by City in preparation of the Contract Documents.
18
19 4.2.3. copies of such reports and drawings will be made available by City to any Bidder
20 on request. Those reports and drawings may not be part of the Contract
21 Documents, but the "technical data" contained therein upon which Bidder is entitled
22 to rely as provided in Paragraph 4.02. of the General Conditions has been identified
23 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is
24 responsible for any interpretation or conclusion drawn from any "technical data" or
25 any other data, interpretations, opinions or information.
26
27 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i)
28 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without
29 exception the Bid is premised upon performing and furnishing the Work required by the
30 Contract Documents and applying the specific means,methods,techniques, sequences or
31 procedures of construction(if any)that may be shown or indicated or expressly required
32 by the Contract Documents, (iii)that Bidder has given City written notice of all
33 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the
34 written resolutions thereof by City are acceptable to Bidder,and when said conflicts,
35 etc.,have not been resolved through the interpretations by City as described in
36 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate
37 and convey understanding of all terms and conditions for performing and furnishing the
38 Work.
39
40 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos, Polychlorinated
41 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by
42 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract
43 Documents.
44
45 5. Availability of Lands for Work,Etc.
46
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised August 21,2015
0021 13-5
INSTRUCTIONS TO BIDDERS
Page 5 of 10
1 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for
2 access thereto and other lands designated for use by Contractor in performing the Work
3 are identified in the Contract Documents. All additional lands and access thereto
4 required for temporary construction facilities, construction equipment or storage of
5 materials and equipment to be incorporated in the Work are to be obtained and paid for
6 by Contractor. Easements for permanent structures or permanent changes in existing
7 facilities are to be obtained and paid for by City unless otherwise provided in the
8 Contract Documents.
9
10 5.2.Outstanding right-of-way,easements, and/or permits to be acquired by the City are listed
11 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-
12 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel
13 the award of contract at any time before the Bidder begins any construction work on the
14 project.
15
16 5.3. The Bidder shall be prepared to commence construction without all executed right-of-
17 way, easements, and/or permits, and shall submit a schedule to the City of how
18 construction will proceed in the other areas of the project that do not require permits
19 and/or easements.
20
21 6. Interpretations and Addenda
22
23 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to
24 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions
25 received after this day may not be responded to. Interpretations or clarifications
26 considered necessary by City in response to such questions will be issued by Addenda
27 delivered to all parties recorded by City as having received the Bidding Documents.
28 Only questions answered by formal written Addenda will be binding. Oral and other
29 interpretations or clarifications will be without legal effect.
30
31 Address questions to:
32
33 City of Fort Worth
34 200 Texas Street
35 Fort Worth, TX 76102
36 Attn: Kristian Sugrim
37 Fax: 817-392-8092
38 Email: Kristian.Sugrim@fortworthtexas.gov
39 Phone: 817-392-8902
40
41
42 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by
43 City.
44
45 Addenda or clarifications may be posted via Buzzsaw at
46 httPs://ProjectPoint.buzzsaw.com/client/fortworthgov/Infrastructure%20Projects/100773%20-
47 %20HMAC%202017-10%20CDBG%20Street%20Rehab
48
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised August 21,2015
0021 13-6
INSTRUCTIONS TO BIDDERS
Page 6 of 10
1 6.3.A prebid conference may be held at the time and place indicated in the Advertisement or
2 INVITATION TO BIDDERS. Representatives of City will be present to discuss the
3 Project. Bidders are encouraged to attend and participate in the conference. City will
4 transmit to all prospective Bidders of record such Addenda as City considers necessary
5 in response to questions arising at the conference. Oral statements may not be relied
6 upon and will not be binding or legally effective.
7
8 7. Bid Security
9
10 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five
11 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting
12 the requirements of Paragraphs 5.01 of the General Conditions.
13
14 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award
15 have been satisfied. If the Successful Bidder fails to execute and deliver the complete
16 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in
17 default,rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited.
18 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all
19 other Bidders whom City believes to have a reasonable chance of receiving the award
20 will be retained by City until final contract execution.
21
22 8. Contract Times
23 The number of days within which, or the dates by which,Milestones are to be achieved in
24 accordance with the General Requirements and the Work is to be completed and ready for
25 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the
26 attached Bid Form.
27
28 9. Liquidated Damages
29 Provisions for liquidated damages are set forth in the Agreement.
30
31 10. Substitute and "Or-Equal" Items
32 The Contract, if awarded,will be on the basis of materials and equipment described in the
33 Bidding Documents without consideration of possible substitute or"or-equal" items.
34 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or-
35 equal" item of material or equipment may be furnished or used by Contractor if acceptable to
36 City, application for such acceptance will not be considered by City until after the Effective
37 Date of the Agreement. The procedure for submission of any such application by Contractor
38 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General
39 Conditions and is supplemented in Section 0125 00 of the General Requirements.
40
41 11. Subcontractors, Suppliers and Others
42
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised August 21,2015
0021 13-7
INSTRUCTIONS TO BIDDERS
Page 7 of 10
1 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-
2 12-2011 (as amended),the City has goals for the participation of minority business
3 and/or small business enterprises in City contracts.A copy of the Ordinance can be
4 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and
5 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor
6 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint
7 Venture Form as appropriate.The Forms including documentation must be received
8 by the City no later than 2:00 P.M. CST, on the second business days after the bid
9 opening date. The Bidder shall obtain a receipt from the City as evidence the
10 documentation was received. Failure to comply shall render the bid as non-
11 responsive.
12
13 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person
14 or organization against whom Contractor has reasonable objection.
15
16 12. Bid Form
17
18 12.1. The Bid Form is included with the Bidding Documents; additional copies may be
19 obtained from the City.
20
21 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form
22 signed in ink. Erasures or alterations shall be initialed in ink by the person signing
23 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit
24 price item listed therein. In the case of optional alternatives,the words "No Bid,"
25 "No Change," or "Not Applicable"may be entered.Bidder shall state the prices,
26 written in ink in both words and numerals, for which the Bidder proposes to do the
27 work contemplated or furnish materials required. All prices shall be written legibly.
28 In case of discrepancy between price in written words and the price in written
29 numerals,the price in written words shall govern.
30
31 12.3. Bids by corporations shall be executed in the corporate name by the president or a
32 vice-president or other corporate officer accompanied by evidence of authority to
33 sign. The corporate seal shall be affixed. The corporate address and state of
34 incorporation shall be shown below the signature.
35
36 12.4. Bids by partnerships shall be executed in the partnership name and signed by a
37 partner,whose title must appear under the signature accompanied by evidence of
38 authority to sign. The official address of the partnership shall be shown below the
39 signature.
40
41 12.5. Bids by limited liability companies shall be executed in the name of the firm by a
42 member and accompanied by evidence of authority to sign. The state of formation of
43 the firm and the official address of the firm shall be shown.
44
45 12.6. Bids by individuals shall show the Bidder's name and official address.
46
47 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner
48 indicated on the Bid Form. The official address of the joint venture shall be shown.
49
50 12.8. All names shall be typed or printed in ink below the signature.
51
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised August 21,2015
0021 13-8
INSTRUCTIONS TO BIDDERS
Page 8 of 10
1 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of
2 which shall be filled in on the Bid Form.
3
4 12.10. Postal and e-mail addresses and telephone number for communications regarding the
5 Bid shall be shown.
6
7 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of
8 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance
9 to State Law Non Resident Bidder.
10
11 13. Submission of Bids
12 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents,
13 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS,
14 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed
15 envelope,marked with the City Project Number,Project title,the name and address of
16 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent
17 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate
18 envelope with the notation "BID ENCLOSED" on the face of it.
19
20 14. Modification and Withdrawal of Bids
21
22 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office
23 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal
24 must be made in writing by an appropriate document duly executed in the manner
25 that a Bid must be executed and delivered to the place where Bids are to be submitted
26 at any time prior to the opening of Bids.After all Bids not requested for withdrawal
27 are opened and publicly read aloud,the Bids for which a withdrawal request has been
28 properly filed may, at the option of the City,be returned unopened.
29
30 14.2. Bidders may modify their Bid by electronic communication at any time prior to the
31 time set for the closing of Bid receipt.
32
33 15. Opening of Bids
34 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An
35 abstract of the amounts of the base Bids and major alternates(if any)will be made available
36 to Bidders after the opening of Bids.
37
38 16. Bids to Remain Subject to Acceptance
39 All Bids will remain subject to acceptance for the time period specified for Notice of Award
40 and execution and delivery of a complete Agreement by Successful Bidder. City may, at
41 City's sole discretion,release any Bid and nullify the Bid security prior to that date.
42
43 17. Evaluation of Bids and Award of Contract
44
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised August 21,2015
0021 13-9
INSTRUCTIONS TO BIDDERS
Page 9 of 10
1 17.1. City reserves the right to reject any or all Bids, including without limitation the rights
2 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids
3 and to reject the Bid of any Bidder if City believes that it would not be in the best
4 interest of the Project to make an award to that Bidder,whether because the Bid is
5 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to
6 meet any other pertinent standard or criteria established by City. City also reserves
7 the right to waive informalities not involving price,contract time or changes in the
8 Work with the Successful Bidder. Discrepancies between the multiplication of units
9 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies
10 between the indicated sum of any column of figures and the correct sum thereof will
11 be resolved in favor of the correct sum. Discrepancies between words and figures
12 will be resolved in favor of the words.
13
14 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists
15 among the Bidders, Bidder is an interested party to any litigation against City,
16 City or Bidder may have a claim against the other or be engaged in litigation,
17 Bidder is in arrears on any existing contract or has defaulted on a previous
18 contract, Bidder has performed a prior contract in an unsatisfactory manner, or
19 Bidder has uncompleted work which in the judgment of the City will prevent or
20 hinder the prompt completion of additional work if awarded.
21
22 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and
23 other persons and organizations proposed for those portions of the Work as to which
24 the identity of Subcontractors, Suppliers, and other persons and organizations must
25 be submitted as provided in the Contract Documents or upon the request of the City.
26 City also may consider the operating costs, maintenance requirements, performance
27 data and guarantees of major items of materials and equipment proposed for
28 incorporation in the Work when such data is required to be submitted prior to the
29 Notice of Award.
30
31 17.3. City may conduct such investigations as City deems necessary to assist in the
32 evaluation of any Bid and to establish the responsibility, qualifications, and financial
33 ability of Bidders,proposed Subcontractors, Suppliers and other persons and
34 organizations to perform and furnish the Work in accordance with the Contract
35 Documents to City's satisfaction within the prescribed time.
36
37 17.4. Contractor shall perform with his own organization, work of a value not less than
38 35% of the value embraced on the Contract, unless otherwise approved by the City.
39
40 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and
41 responsive Bidder whose evaluation by City indicates that the award will be in the
42 best interests of the City.
43
44 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award
45 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than
46 the lowest bid submitted by a responsible Texas Bidder by the same amount that a
47 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a
48 comparable contract in the state in which the nonresident's principal place of
49 business is located.
50
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised August 21,2015
0021 13-10
INSTRUCTIONS TO BIDDERS
Page 10 of 10
1 17.7. A contract is not awarded until formal City Council authorization. If the Contract is
2 to be awarded, City will award the Contract within 90 days after the day of the Bid
3 opening unless extended in writing. No other act of City or others will constitute
4 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by
5 the City.
6
7 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid.
8
9 18. Signing of Agreement
10 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the
11 required number of unsigned counterparts of the Agreement. Within 14 days thereafter
12 Contractor shall sign and deliver the required number of counterparts of the Agreement to
13 City with the required Bonds,Certificates of Insurance,and all other required documentation.
14 City shall thereafter deliver one fully signed counterpart to Contractor.
15
16
17
18 END OF SECTION
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
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/ClQ.pdf
http://www.ethics.state.tx.us/forms/ClS.pdf
D 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 Consruction, Ltd. By: J. Barry Clark
5801 Park Vista Circle Signature: --1 Cl—
Keller, TX 76244 Title: President
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327 2017-10 Street Rehab 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 ofthe 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.
1 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?
17Yes 17No
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?
71 Yes F7 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?
17Yes F7No
D. Describe each employment or business relationship with the local government officer named in this section.
a
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 1 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
Pagel o1`3
SECTION 00 41 00
BID FORM
TO: The Purchasing Manager
c/o: The Purchasing Division
200 Texas Street
City of Fort Worth, Texas 76102
FOR: HMAC 2017-10 (CDBG) STREET REHABILITATION
AT VARIOUS LACATIONS
City Project No.: 100773
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.
d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20150821 2017-10 Street Rehab Proposal
P
0041 00
BID FORM
Page 2 of 3
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.
C.
d.
4. Time of Completion
4.1. The Work will be complete for Final Acceptance within 210 Calendar 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
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20150821 2017-10 Street Rehab Proposal
0041 00
BID FORM
Page 3 of 3
6.3.
Total Base Bid <use this if applicable, otherwise delet, $0.00
$0.00
$0.00
$0.00
Total Bid $1,176,955.50
7. Bid Submittal
This Bid is submitted on March 16, 2017 by the entity named below.
Respectfully sub itted, Receipt is acknowledged of the Initial
following Addenda:
By: Addendum No. 1: JBC
( ignature) Addendum No. 2.-
Addendum
:Addendum No. 3:
J. Barry Clark jAddendum No. 4:
(Printed Name)
Title: President
Company: Peachtree Consruction, Ltd. Corporate Seal:
Address: 5801 Park Vista Circle
Keller, TX 76244
State of Incorporation: Texas
Email: jbclaftccDPeach treecon.com
Phone: 817-741-4658
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20150621 2017-10 Street Rehab Proposal
r
00 42 43
BID PROPOSAL
Page 1 of 2
SECTION 00 42 43
PROPOSALFORM
UNIT PRICE BID Bidder's Application
Project Item Information Biddet's Proposal
1Bidlist Item Description Specification Unit of Bid Unit Price Bid Value
No. pSection No. Measure Quantity
1 3305.0108 Miscellaneous Adjustments(Utilities) _ 00 05 08 LS _1 $6,000.00 $6,000.00
2 0241.1300 Remove Concrete Curb&Gutter 02 41 15 LF� 9390 $2.30 $21,597.00
_3 7"Concrete Curb&Gutter 32 16 13 _ LF ��9490 $31.00 $294,190.00
v 4 0241.0401 Remove Concrete Driveway ___0241 13 SF 13260 $2.30 $30,498.00
5 3213.0401 6"Concrete Driveway 32 13 20 SF 14800 $7.00 $103,600.00
6�3213.0451 6"Concrete Driveway,Exposed Aggregate _ 32 13 20 SF 124 $11.50 $1,426.00
7 0241.0100 Remove Sidewalk 02 41 13 SF 17365 $2.30 $39,939.50
8 3213.03114"Concrete Sidewalk �^ 32 13 20 SF _22615 $4.60 _$104,029.00
9 3213.0351 4"Exposed Aggregate Sidewalk T_ 32 13 20 SF 124_ $11.50 _ $1,426.00
10 3213.0311 4"Combination Sidewalk 32 13 20 SF 640 $6.00 $3,840.00
11 3232.0100 Concrete Retaining Wall with Sidewalk 32 32 13 _SF 225 $23.00 $5,175.00
12 0241.1400 Remove Concrete Valley Gutter 0241 15 SY 190 $11.50 $2,185.00
13 3216.0302 7"Concrete Valley Gutter ' 32 16 13 SY 190 $105.00 __$19,950.00
14, 03
0241. 00 Remove ADA Ramp Y-��__-� 0241 13 __SY
15 $230.00 $3,450.00
15 9999.0000 ADA Ramp M T _ EA 34 __$2,250.00 $76,500.00
16 3212.0302 2"Asphalt Pavement,Type D ~� 32 12 16 Y SY 16200 $12.80 _$207,360.00
17 0241.1700 10"Pavement Pulverization 0241 15 SY 16200 $6.00 $97,200.00
18 3211.0600 Cement Modification,13lbs/sy 32 11 33 _TN 106 $190.00 $20,140.00
19 9999.0000 RoadBond EN1 GA _127 $150.00 $19,050.00
20 3217.0305 Stop Bars Pavement Markings 32 17 23 LF 110 $23.00 $2,530.00
21 3305.0112 Water Valve-Box Adjustment(with Concrete Collar) 33 05 17 __EA 10 $250.00 $2,500.00
22 3305.0107 Miscellaneous Adjustment(Water Meter Box) 33 05 14 EA ___25 $350.00 $8,750.00
23 3305.0112 Manhole Adjustment(with Concrete Collar) __330517_ EA 7 $450.00 $3,150.00
24 3217.0100 Curb Address Painting 32 17 25 EA 140 $15.00 $2,100.00
25 32_92.0100 Block Sod Replacement _ _ 32 92 13 SY 4400 $7.50 $33,000.00
26 0171.0001 Construction Staking and Survey 0171 23 _LS ! 1 $3,500.00 $3,500.00
28 9999.0096 Paving Construction Allowance _ LS 1 $63,870.00 $63,870.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120 2017-10 Street Rehab Proposal
00 42 43
BID PROPOSAL
Page 2 of 2
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidders Proposal
Bidlist Item Description Specification Unit of Bid 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 Bid 1 $1,176,955.60
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRICTION SPECIFICATION DOCUMENTS
Form Revised 20120120 2017-10 Street Rehab 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 of Fort worth , as
Obligee, in the sum of Five(s%)Percent of the Greatest Amount 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 HMAC 2017-10 (CDBG)STREET REHABILITATION,4100773
("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 16th day of March ,2017
Peachtree Construction,Ltd.
(Principal)
By:
Travelersasual and Sue Compa of America
By
Linda K.Ea ands , Att ney-in-Fact
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AM POWER OF ATTORNEY
TRAVELERS.! 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.006787279
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St.Paul Fire and Marine Insurance Company,St. Paul Guardian Insurange
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 til@
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 Attomey(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 anyactions or-vmceedings 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 12016
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insutaance 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�TY ANO Y
............_4,r•
�5f1�(1 � 6 M•Mm...�� t4e_• - 'Y� !G0.PwA.1,F�m z W4'GpRPOHAT�co
by 9{ .•w y,IOIFD
:o; a HARTFORD, "cow.
s s A i CONN. " "cow. 1696
f •
State of Connecticut By:
City of Hartford ss. Robert L.Raney,Senior V9 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 foregoip#
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
GJ"
In Witness Whereof,I hereunto set my hand and official seal. T )A W�/" `� • ��`�
My Commission expires the 30th day of June,2021. 10iJ8L�G * Marie C.Tetreault,Notary Public
58440-5-16 Printed in U.S.A.
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: httr)://www.tdi.state.tx.us
E-mail: Cons u merProtection(a)td i.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
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
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. 12
BIDDER:
Peachtree Consruction, Ltd. By: J. Barry Clark
5801 Park Vista Circle C—
(Signature)
Keller, TX 76244
Title: President
Date:
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627 2017-10 Street Rehab Proposal
0045 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 Peachtree Construction Jan-19
items directly associated with
the paving
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 Consruction, Ltd. By: J. Barry Clark
5801 Park Vista Circle G----
(Signature)
Keller, TX 76244
Title: President
Date: 3'16 -1'll
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120 2017-10 Street Rehab Proposal
0045 11-1
BIDDERS PREQUALIFICATIONS
Page 1 of 3
1 SECTION 00 4511
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 HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised July 1,2011
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 Prequalifacation 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 HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
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
b
7
8
9 END OF SECTION
10
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised July 1,2011
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. j
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.
ASPHALT PAVING CONSTRUCTION/RECONSTRUCTION
Asphalt Paving Construction/Reconstruction LESS THAN 15,000 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
FoRTWORTH
SECTION 00 4513
BIDDER PREQUALIFICATION APPLICATION
Date of Balance Sheet
Mark only one:
Individual
Limited Partnership
Name under which you wish to qualify General Partnership
Corporation
Limited Liability Company
Post Office Box City State Zip Code
Street Address(required) City State Zip Code
Telephone Fax Email
Texas Taxpayer Identification No.
Federal Employers Identification No.
DUNS No. (if applicable)
MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO:
CITY OF FORT WORTH TEXAS
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102-6311
AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION"
004513-2
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)
F] Has fewer than 100 employees
and/or
F] Has less than$6,000,000.00 in annual gross receipts
OR
F] 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 HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised December 20,2012
0045 13-3
BIDDER PREQUALIFICATION APPLICATION
Page 3 of 8
MAJOR WORK CATEGORLES,CONTINUED
Sewer CIDP, 12-inches and smaller
Sewer CIDP, 24-inches and smaller
Sewer CIPP, 42-inches and smaller
Sewer CIPP,All Sizes
Sewer Collection System,Development, 8-inches and smaller
Sewer Collection System,Urban/Renewal, 8-inches and smaller
Sewer Collection System, Development, 12-inches and smaller
Sewer Collection System,Urban/Renewal, 12-inches and smaller
Sewer Interceptors, Development, 24-inches and smaller
Sewer Interceptors, Urban/Renewal,24-inches and smaller
Sewer Interceptors, Development, 42-inches and smaller
Sewer Interceptors, Urban/Renewal,42-inches and smaller
Sewer Interceptors, Development,48-inches and smaller
Sewer Interceptors, Urban/Renewal,48-inches and smaller
Sewer Pipe Enlargement 12-inches and smaller
Sewer Pipe Enlargement 24-inches and smaller
Sewer Pipe Enlargement,All Sizes
Sewer Cleaning, 24-inches and smaller
Sewer Cleaning,42-inches and smaller
Sewer Cleaning,All Sizes
Sewer Cleaning, 8-inches and smaller
Sewer Cleaning, 12-inches and smaller
Sewer Siphons 12-inches or less
Sewer Siphons 24-inches or less
Sewer Siphons 42-inches or less
Sewer Siphons All Sizes
Transportation Public Works
Asphalt Paving Construction/Reconstruction(LESS THAN 15,000 square yards)
Asphalt Paving Construction/Reconstruction(15,000 square yards and GREATER)
Asphalt Paving Heavy Maintenance(UNDER$1,000,000)
Asphalt Paving Heavy Maintenance($1,000,000 and OVER)
Concrete Paving Construction/Reconstruction(LESS THAN 15,000 square yards)
Concrete Paving Construction/Reconstruction(15,000 square yards and GREATER)
Roadway and Pedestrian Lighting
CITY OF FORT WORTH HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised December 20,2012
004513-4
BIDDER PREQUALIFICATION APPLICATION
Page 4 of S
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 HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
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 HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
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 HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS I00773
Revised December 20,2012
0045 13-7
BIDDER PREQUALIFICATION APPLICATION
Page 7 of 8
14. Equipment $
TOTAL
BALANCESUEET
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 HMAC 2017-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised December 20,2012
0045 13-8
BIDDER PREQUALIFICATION APPLICATION
Page 8 of 8
BIDDER PREQUALIFICATION AFFIDAVIT
STATE OF "MXA S
COUNTY OF "TAQ2A r
The undersigned hereby declares that the foregoing is a true statement of the financial condition of the
entity herein first named, as of the date herein first given; that this statement is for the express purpose of
inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who
prepared the balance sheet accompanying this report as well as any depository, vendor or any other
agency herein named is hereby authorized to supply each party with any information, while this statement
is in force,necessary to verify said statement.
BARRY CI ARK being duly sworn, deposes and says that
he/she is the P�ESIDENT of PEACHTREE CONSTRUCTION,LTD. , 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: PEACHTREE CONSTRUCTION,LTD.
Signature: �
L�
Sworn to before me this
—1 day of J J PE 71077 '* "'
a��►'rP a,, CHERYL JEROME
4�%Notary Public,State of Texas
-,;- 08-02-2020 Comm.Expires
Notary ID 616044-1
N Public
Notary Public must not be an officer,director,or stockholder or relative thereof.
CITY OF FORT WORTH HMAC 20I7-10(CDBG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
Revised December 20,2012
004526-1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page I of 1
1 SECTION 00 45 26
2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
3
4 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it
5 provides worker's compensation insurance coverage for all of its employees employed on City
6 Project No. 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:
11
12 PEACHTREE CONSTRUCTION,LTD. By: J.BARRY CLARK
13 Company (Please Print)
14
15 5801 PARK VISTA CIR: Signature:
16 Address
17
18 5801 PARK VISTA CIR. Title: PRESIDENT
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 ,known to me to be the person whose name is
28 subscribed toe oregoing instrument, and acknowledged to me that he/she executed the same as
29 the act and deed of PEACHTREE CONSTRUCTION,I-Tr 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 J0 2017.
34
35 •—
a��"'a CHERYL JEROME (?�6w
36
:x�;'' Notary Public,state of Texas
37 zwr; �� Comm.Expires 08.02-2020 Notary Public an for the State of Texas
38 �'•;;�;�;;•` Notary Io 616044.1
39 END OF SECTION
40
CITY OF FORT WORTH HMAC 2017-10(CoaG)STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100773
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 8 %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.
statedgoal:
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 subcontractin isu lier 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 M1WBE Office at(817)212-2674.
Rev.2/10/15
005243-1
Agreement
Page 1 of 4
1 SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT, authorized on May 9, 2017 is made by and between the City of Forth
4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
5 ("City"), and Peachtree Construction, Ltd., authorized to do business in Texas, acting by and
6 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 maybe the whole or only a part is
14 generally described as follows:
15 HMAC 2017-10(CDBG) Street Rehabilitation at Various Locations
16 City Proiect Number 100773
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 200 Calendar days after the date
23 when the Contract Time commences to run as provided in Paragraph 2.03 of the General
24 Conditions.
25 3.3 Liquidated damages
26 Contractor recognizes that time is of the essence of this Agreement and that City will
27 suffer financial loss if the Work is not completed within the times specified in Paragraph
28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
29 General Conditions. The Contractor also recognizes the delays, expense and difficulties
30 involved in proving in a legal proceeding,the actual loss suffered by the City if the Work
31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
33 City Six Hundred Fi&Dollars ($650.00) for each day that expires after the time
34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
35 Acceptance.
CITY OF FORT WORTH HMAC(2017-10)Street Rehabilitation
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100773
00 52 43-2
Agreement
Page 2 of 4
36 Article 4. CONTRACT PRICE
37 City agrees to pay Contractor for performance of the Work in accordance with the Contract
38 Documents an amount in current funds of ONE MILLION,ONE HUNDRED SEVENTY-SIX
39 THOUSAND,NINE HUNDRED FIFTY-FIVE AND 50/100 DOLLARS($1,176,955.50).
40 Article 5. CONTRACT DOCUMENTS
41 5.1 CONTENTS:
42 A. The Contract Documents which comprise the entire agreement between City and
43 Contractor concerning the Work consist of the following:
44 1. This Agreement.
45 2. Attachments to this Agreement:
46 a. Bid Form
47 1) Proposal Form
48 2) Vendor Compliance to State Law Non-Resident Bidder
49 3) Prequalification Statement
50 4) State and Federal documents (project specific)
51 b. Current Prevailing Wage Rate Table
52 c. Insurance ACORD Form(s)
53 d. Payment Bond
54 e. Performance Bond
55 f. Maintenance Bond
56 g. Power of Attorney for the Bonds
57 h. Worker's Compensation Affidavit
58 i. MBE and/or SBE Commitment Form
59 3. General Conditions.
60 4. Supplementary Conditions.
61 5. Specifications specifically made a part of the Contract Documents by attachment
62 or, if not attached, as incorporated by reference and described in the Table of
63 Contents of the Project's Contract Documents.
64 6. Drawings.
65 7. Addenda.
66 8. Documentation submitted by Contractor prior to Notice of Award.
67 9. The following which may be delivered or issued after the Effective Date of the
68 Agreement and, if issued, become an incorporated part of the Contract Documents:
69 a. Notice to Proceed.
70 b. Field Orders.
71 c. Change Orders.
72 d. Letter of Final Acceptance.
73
74
CITY OF FORT WORTH HMAC(2017-10)Street Rehabilitation
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100773
00 52 43-3
Agreement
Page 3 of 4
75 Article 6.INDEMNIFICATION
76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
77 expense, the city, its officers, servants and employees, from and against any and all
78 claims arising out of, or alleged to arise out of, the work and services to be performed
79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
80 under this contract. This indemnification provision is specifically intended to operate
81 and be effective even if it is alleged or proven that all or some of the damages being
82 sought were caused, in whole or in part, by any act, omission or negligence of the city.
83 This indemnity provision is intended to include, without limitation, indemnity for
84 costs, expenses and legal fees incurred by the city in defending against such claims and
85 causes of actions.
86
87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
88 the city,its officers,servants and employees,from and against any and all loss,damage
89 or destruction of property of the city,arising out of,or alleged to arise out of,the work
90 and services to be performed by the contractor, its officers, agents, employees,
91 subcontractors, licensees or invitees under this contract. This indemnification
92 provision is specifically intended to operate and be effective even if it is alleged or
93 proven that all or some of the damages being sought were caused, in whole or in part,
94 by any act,omission or negligence of the city.
95
96 Article 7. MISCELLANEOUS
97 7.1 Terms.
98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
99 have the meanings indicated in the General Conditions.
100 7.2 Assignment of Contract.
101 This Agreement, including all of the Contract Documents may not be assigned by the
102 Contractor without the advanced express written consent of the City.
103 7.3 Successors and Assigns.
104 City and Contractor each binds itself, its partners, successors, assigns and legal
105 representatives to the other party hereto, in respect to all covenants, agreements and
106 obligations contained in the Contract Documents.
107 7.4 Severability.
108 Any provision or part of the Contract Documents held to be unconstitutional, void or
109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
110 remaining provisions shall continue to be valid and binding upon CITY and
111 CONTRACTOR.
112 7.5 Governing Law and Venue.
113 This Agreement, including all of the Contract Documents is performable in the State of
114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
115 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH HMAC(2017-10)Street Rehabilitation
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100773
005243-4
Agreement
Page 4 of 4
116 7.6 Other Provisions.
117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
118 classified, promulgated and set out by the City, a copy of which is attached hereto and
119 made a part hereof the same as if it were copied verbatim herein.
120 7.7 Authority to Sign.
121 Contractor shall attach evidence of authority to sign Agreement, if other than duly
122 authorized signatory of the Contractor.
123
124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
125 counterparts.
126
127 This Agreement is effective as of the last date signed by the Parties ("Effective Date").
128
Contractor: PEACHTREE CONSTRUCTION,LTD. City of Fort Worth
By: �.
Jay Chapa
By: �-- Assistant City Manager
(Signature)
Date
J.BARRY CLARK
Attest:
(Printed Name) W�,City Se retary
(Seal)
Title: OFO,Q�
PRESIDENT
Address: 5801 PARK VISTA CIR.
;O
M&C C -aaa33
Date: At. "/7
City/State/Zip: KELLER, TX 76244p roved as to Form and Legality:
Date Douglas . Black
Assistant City Attorney
129
130 12-f
131 A OVAL RECOMMENDED:
132
133
134 &J. (J
135 Douglas iersig, P.E.
136 OFFICIAL RECORD DIREC OR,
137 CITY SECRETARY Department of Transportation &Public Works
138
FT.WORTH,TX
CITY OF FORT WORTH HMAC(2017-10)Street Rehabilitation
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100773
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
(,
Name of Employee
Title
1 00 61 13-1
2 PERFORMANCE BOND
3 Pqe 1 of 2.
4
5 SECTION 00 6113
6 Bond#106741298 PERFORMANCE BOND
7
THE STATE OF TEXAS §
§ KNOW ALL BY TIIESE PRESENTS;
COUNTY OF TARRANT §
8
9 That we,Peachtree Construction,Ltd.known as"Principal"herein and
10 Travelers Casualty and Surety Company of America ,a corporate surety(sureties,if more than
11 one)duly authorized to do business in the State ofTexas,known as"Surety"herein(whether one
12 or more),are held and firmly bound unto the City of Fort.Worth,a municipal corporation cleated
13 pursuant to the laws of Texas,known as"City"herein,in the penal sum of,One Million,One
14 Hundred Seventy-Six Thousand,Nine Hundred Fifty-Five and 501100 Dollars
15 ($1,176,955.50),lawful money of the United States,to be paid in Fort Worth,Tarrant.County,
16 Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs,
17 executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
18 WHEREAS,the Principal has entered into a certain written contract with the City
19 awarded the 9th day of May,2017 which Contract is hereby referred to and made a part hereof
20 for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other
21 accessories defined by law,in the prosecution of the Work,.including any Change Orders,as
22 provided for in said Contract designated as HMAC 2017-10(CDBG)Street Rehabilitation,City
23 Project No. 100773
24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal
25 shall faithfully perform it obligations under the Contract and shall in all respects duly and
26 faithfully perform the Work,including Change Orders,under the Contract,according to the plans,
27 specifications,and contract documents therein referred to,and as well during any period of
28 extension of the Contract that may be granted on the part of the City,then this obligation shall be
29 and become null and void,otherwise to remain in full force and effect.
34 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall tie in
31 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort
32 Worth Division.
CITY OF FORT WORTH HMAC2017 10.,Vh etRehabihiation
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project AV 100773
Revisedluty 1,2011
33
34 006113-2
35 PIiRFORMANCE BOND
36 Page 2 oft
37
38 This bond is trade and executed in compliance with the provisions of Chapter 2253 of the Texas
39 Government Code;as amended,and all liabilities on this bond shall be determined in accordance
40 with the provisions of said statue.
41 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
42 this instrument by duly authorized agents and officers on this the 9th dad of May,2017.
PRINCIPAL:
Peachtree Construction Ltd
BY:
gnature
ATTEST:
J.Barry Clark President
i . Spry ._.. ___.. Name and Title
Address:_W_LEV.rk.Vista Circle
Keller,TX 76244
Witness as to Krincipal
SURETY:
Trtiteelers Casualtyend SM;ety C2 pant'of America
— It —ft—N
BY .w.._ ___. .,,....r
Signature
Linda K.Edwards,Attorney-in-Fad
Name and Title
Address:_9601_McAllister Freeway,_Suite,_900„ _....._
San Antonio,TX 78216
J
Witness as to Sic ayne Telephone Number: 210-S2S-3600 . __.-._..-_..
43 _._...
44
45 *Note:If signed by an officer of the Surety Company,there inust be on file a certified extract from
46 the by-laws showing that this person has authority to sign such obligation. If Surety's
47 physical address is different from its mailing address,both must be provided.The date
48 of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH 1044C 2017-JO Streer Rehabs itatfon
STANDARD CONSTRUCTION SPECIFICATION IXICUMENTS City Pro/eer,tio.100773
Revised July I,2011
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
/A► POWER OF ATTORNEY
TRAVELERS.1 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.006787313
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,Lome 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 permittedin any actions or pr9ceedings 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
07_�,xl
F
State of Connecticut By:
t.jr.
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.
471t, A
In Witness Whereof,I hereunto set my hand and official sealMy 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 ATTOPINEY IS INVALID WITHOUT THE RED BORDER
'0AR IN ING: T HIS POWER OF ATTORNEY IS INVALID MT tJT THE REIJ 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 Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or 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�day of .20
Kevin E.Hughes,Assistant Sec tary
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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 Attomey-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:TRIS POWER OF ATTORNEY 19.INVALID 4VC7I4 UT THE RED BORDER
0061 14-1
PAYMENTBOND
Page 1 oft
1 SECTION 00 61 14
2 Bond#106741298 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, Peachtree Construction, Ltd., known as "Principal" herein, and
8 Travelers Casuaftyd SurtV Company of America I 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 One Million, One Hundred Seventy-Six Thousand Nine Hundred Fifty-Five
13 and 50/190 Dollars ($1,176,955.50), lawful money of the United States, to be paid in Fort
14 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind
15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
16 firmly by these presents:
17 WHEREAS,Principal has entered into a certain written Contract with City,awarded the
18 9th day of DW,2017 which Contract is hereby referred to and trade a part hereof for all
19 purposes as if fully set forth herein,to furnish all materials,equipment, labor and other
20 accessories as defined by law,in the prosecution of the Work as provided for in said Contract and.
21 designated as HMAC 2017-10(CDBG)Street Rehabilitation,City Project No.100773
22
23 NOW, THEREFORE, TETE 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 HMAC 01 7-10 Street ReWil wion
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS laity Project No.100773
Revised July 1,2011
0061 14-2
PAYMENT BOND
Page 2 of2
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 9th da s of May,2017.
3
PRINCIPAL::
Peachtree Construction,Ltd.
ATTEST: BY:
Signatu
1.Barry Gark,president
V c 1)SeCletoy Nang and Title
Address: 5901 Park)aua Circle
Keller TX 76244
Witness as toPrincipal
SURETY:
Travelers Casualty and Surety Company of erica
ATTEST: BY: 5
Signatu e
� Linda K.Edwards.Attorney in-Fact
(Sur* Secretary -Steven B.Siddons Name and Title
Address: o21kls6uisr Freewxax Suite_ .__
/' San Antos,TX 78216
Wi eC tC JUS t} 'Tina Payne
Telephone Number: 210-525-3600
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.
to END OF SECTION
it
CITY OF FOR71 WORTH BRAC 2017-10 Street Rehabilitation
STANDARD CONSTRUCTION SPECIFICATION WCUMFNTS Ctry Prcrj aMa100773
Revised.July 1,2011
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AA► 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. 006787314
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,Lome 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
G/.Sfi,�� (,��q',�,'p¢}tTY vYp\RE 4 O��µ..INSp •pt-NrVgq y, �P�tY aNum fV/�"sunttY F1nY'Vf0
O?�p.V�,r�L `M°�•� i 4>4'� �i;Oa PWR�>f's I oJ•, i0k9 �c,' �� G9� S` � � �4� OID
i cl 9 8 2 0 y 977 "a n JV
COWL < ftlRiF�N, r'e c�t
n CONN. 8 `N 189fi
bey� nN, �i �� z~SNCE c� '•1S.AM�L�� of''••"'Pd° >�` +�' ¢ppb+...:���
State of Connecticut By:
c71
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•Tr,
In Witness Whereof,I hereunto set my hand and official seal. itlp VN
My Commission expires the 30th day of June,2021. MV
Mane C.Tetreault,Notary Public
58440-5-16 Printed in U.S.A.
WARNING.THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BARD ER
WARN ING:THIS POWER OF ATTORNEY IS INVALID Y,7THOUT THE RED 150HOER
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 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 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.
1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farrington 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 day of 20 .
Kevin E.Hughes,Assistant Sec tary
C^5� � yF�p^'P.Sxi Pu INS. �,...y iNSU O PTY AND 3YII �Y"'�
ti 4 LOIIPORAI(.. f?: Op4l'(+jn. 9i 'C
z 146_,2.S' p 19/I i � Z t .• o� �O T FNRfFOR0. � �
�,M,,4, A s....•� t P+ AIN
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 Attomey-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
Y
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Travelers Casualty and Surety Company of America and its affiliates'toll-
free telephone number for information or to make a complaint at:
1-800-328-2189
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512)475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection(aD-tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should
contact your Agent or Travelers first. If the dispute is not resolved, you may contact the
Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become a part or condition of the
attached document and is given to comply with Texas legal and regulatory requirements.
(PN-042-B) Ed.10.18.07
00 61 19 1
MAINTENANCE FMD
PW1of3
1 SECTION 00 61 19
2 MAINTENANCE BOND
3 Bond#106741298
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we Peachtree Construction,Ltd.known as"Principal"herein and
9 Travelers Casualty and hely Company Qf Amedca ,a corporate surety(sureties,if more than
10 one)duly authorized to do business in the State of Texas,known as"Sul 'herein(whether one
I l or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created
12 pursuant to the laws of the State of Texas,known as`City"herein,in the sum of One Million,
13 One Hundred Seventv-Sic Thousand,Nine Hundred Fifty-Five and 50/100 Dollars
14 SI 1 6 55.50,),lawful.money of the United States,to be paid in bort Worth,Tarrant County,
15 Texas,for payment of which,sum well and truly be made unto the City and its successors,we
16 bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,
17 firmly by these presents.
18 WHEREAS,the Principal has entered into a certain written contract with the City
19 awarded the 9th dal of May,2017 which Contract is hereby referred to and a made part
20 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor
21 and other accessories as defined by law,in the prosecution of the Work,including any
22 Work resulting from a duly authorized Change Order(collectively herein,the"Work")as
23 provided for in said contract and designated as HMAC 2017-10(CDBG)Street
24 Rehabilitation,City Project No. 100773;and
25 WHEREAS,Principal binds itself to use such materials and to so construct the
26 Work in accordance with the plans,specifications and Contract Documents that the Work
27 is and will remain free from defects in materials or workmanship for and during the period
28 of two(2)years after the date of Final Acceptance of the Work by the City("Maintenance
29 Period");and
30
31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part
32 upon.receiving notice from the City of the need therefore at any time within the Maintenance
33 Period.
34
MY OF FORT WORTH NAIAC 2017-10 Street Rehabilitation
S'I`ANDARU CONSTRU('T1ON SPrCIFICA7'ION IXKITMENTB Ctty Project NeJ00773
Revised July 1,2011
00.6t 19-2
MAINMANt E 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 shrill 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
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
CITY OF FART WORTH HVAC 2017-10 Strew►Reharbilitauion
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00,ProJwa A`o.100773
Revised July I,2011