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Home My WebLink AboutContract 59557FORTWORTH. CONTRACT CSC No. 59557 FOR 2022 CDBG RECONSTRUCTION PROJECT W. Ripy Street Improvements Hemphill Street to Ryan Avenue Townsend Avenue to McCart Avenue City Project No, 103020 & 103708 Mattie Parker Mayor David Cooke City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared by The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2023 OF r .. i121AD 1 ,NUSRA�,I.AH: 88823 /C-GGLGfi ,•/V - 1/26/2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH(.:) *40ir , "' City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pagel of 8 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 00 05 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 00 45 11 Bidders Prequalification 08/13/2011 00 45 12 Prequalification Statement 09/30/2021 0045 13 Prequalification Application 08/13/2021 00 45 26 Contractor Compliance with Workers' Compensation Law n„siaess 07/01/2011 004540 00 52 43 Equity Goa Agreement 07i1i 08/22/2022 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 32 - Exterior Improvements 32 1123 Flexible Base Courses 12/20/2012 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/9/2021 3291 19 Topsoil Placement and Finishing of Parkways 3/11/2022 Division 33 - Utilities 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade Division 34 - Transportation 3471 13 1 Traffic Control 03/22/2021 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httD:Hfortworthtexas.2ov/tvw/contractors/ or htttvs:Happs.fortworthtexas.Lyov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 1 Cast -In -Place Concrete 03/11/2022 Division 31- Earthwork 31 00 00 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 31 25 00 Erosion and Sediment Control 04/29/2021 Division 32 - Exterior Improvements 32 1133 Cement Treated Base Courses 06/10/2022 32 1216 Asphalt Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 06/10/2022 32 1725 Curb Address Painting 11/04/2013 3292 13 Sodding 05/13/2021 Division 33 - Utilities 3305 10 Utility Trench Excavation, Embedment, and Backfill 04/02/2021 33 05 13 Frame, Cover and Grade Rings 12/09/2021 3305 16 Concrete Water Vaults 12/20/2012 3305 17 Concrete Collars 03/11/2022 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 133 1210 1 Water Services 1-inch to 2-inch Appendix GC-6.07 Wage Rates GN-1.0 General Notes SD-1.0 Standard Construction Details PQ-1.0 Project Map and Quantity CDBG-1.0 Federal and City Requirements for CDBG Funds M-22-08 Build America, Buy America Act END OF SECTION Page 3 of 8 1 02/14/2017 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised June 10, 2022 City of Fort Worth, Texas Mayor and Council Communication DATE: 05/23/23 M&C FILE NUMBER: M&C 23-0429 LOG NAME: 2022 CDBG RECONSTRUCTION PROJECT — W RIPY STREET IMPROVEMENT SUBJECT (CD 9 / Future CD 11) Authorize Execution of a Contract with Peachtree Construction, Ltd., in the Amount of $1,602,187.50 for the 2022 CDBG Reconstruction Project — W. Ripy Street RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Peachtree Construction, Ltd., in the amount of $1,602,187.50 in Community Development Block Grant funds for the 2022 CDBG Reconstruction project — W. Ripy Street (City Project Nos. 103020 and 103708). DISCUSSION: On August 3, 2021, through Mayor and Council Communication (M&C) 21-0522 and January 10, 2023 through M&C 23-0018, the City Council approved the expenditure of $2,000,000.00 in Community Development Block Grant (CDBG) funds for the Street Reconstruction project — W. Ripy Street. The approved amount was based on available funds and with the understanding that streets would be selected based on meeting the CDBG eligibility requirements. The Transportation and Public Works Department (TPW) collects a list of high -priority neighborhood street segments to help promote safety, attractiveness, and community investment. The street segments are selected based on the poor condition of the street pavement, high pedestrian usage, and connectivity throughout the neighborhood. The list identifies street segments that are located in CDBG-eligible neighborhoods, have a straightforward scope of work with little -to -no design work needed, and that already have utility clearance, which could be a costly construction line item. The City's review determined that only W. Ripy Street had eligible street segments that were contiguous. In an effort to make a higher impact in one area, staff recommended W. Ripy Street for the Street Reconstruction project, which would result in over 2 linear miles of contiguous street reconstruction work. Street Segment Street Limits IW. Ripy Street 700-1499 (Hemphill Street to Ryan Ave) W. Ripy Street 2100-2399 (Townsend Dr. to McCart Avenue) Lane Mile 1.5 0.50 I On January 26, and February 2, 2023, the 2022 CDBG Reconstruction project for W. Ripy Street improvement was advertised for bid in the Fort Worth Star -Telegram. On February 16, 2023, the following bids were received: Bidders Bid amount Time of Completion (Peachtree Construction, Ltd $1,602,187.50 IReliable Paving Inc. $1,614,637.50 FNH Construction LLC I $1,717,227.50 (Advanced Paving Company _ $1,758,642.00 ITEXAS BIT ]F$1,774,519.50 McClendon Construction Co., $2,137,640.00 Inc. 150 Calendar Days M/WBE Office — BDE Ordinance not required for federal grant funds. MBWE Goal is not required for this project due to a 100% federally funded project. Staff recommends that the City Council award a contract to Peachtree Construction, LTD., in the amount of $1,602,187.50, which is consistent with the bid amount, for W. Ripy Street Improvements project. The City will use an additional $397,812.50 for project management, inspections, testing, and advertising/printing for a total project amount of $2,000,000.00. The total amount allocated for this project is $2,000,000.00, 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. Funding is budgeted in the TPW Dept Highway & Streets Department's Grants Operating Federal Fund for the purpose of funding the CDBG (PY21/FY22) and CDBG (PY20-FY21) projects, as appropriated. The street recommended for reconstruction is in COUNCIL DISTRICTS 9 / Future COUNCIL DISTRICT 11, Mapsco 9013, 90C, and 90D. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Grants Operating Federal Fund for the CDBG (PY21/FY22) and CDBG (PY20-FY21) projects to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: William Johnson 5806 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 Expedited ADDENDUM NO. 1 2022 CDBG STREET RECONSTRUCTION PROJECT CITY PROJECT NO.: 103020 & 103708 Addendum No. 1 Issued: February 3, 2023 Bid Date: February 16, 2023 The Specification, Contract Documents and Drawings for the above project are revised and amended as follows: Appendix - CDBG-1.0 Federal and Citv Requirements for CDBG Funds Section - 8.0. Subcontracting with Small and Minority Firms, Women's Business Enterprises and Labor Surplus Areas Omit sub -sections 8.01, and 8.02 on pages 9 & 10 of 23 in the Project Manual 9.01. For preourement „tracts $50 000 nn er larger- Ge traeter agrees t .,bide by City's pelie), to itivelve Mitiefity and Sill Business , and to provide them equal eppat4unity to ornpoto for-eentr-aetsfor-, r'o tne-e, and all am eefAFW&,-anJ oubg3ntmats for preetkrement $50 v00:nv^orlargcr-and will fut4her requrii@ all entities With .<,1 ieh :t s ntraets to , ..1...<,ith oaid 3rjinanee. 8.02. it is national pelie), to d c fcir char, d 1•iuurnt;o enterprises » , orsal1 btr,;rnoos-entcvpKow 1(i�SMz"), min,,rity business enterprises ("MBEs"), ra .< micni'z lvaancr- An�wpyioes ("WBEs") n ee3ndingly, affir-mative steps must be talran to Govara that DBEs, SBEs, MBEs, and AfBEs are utilized when p sib! The bid will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, February 16, 2023. Please acknowledge receipt of this addendum by completing the requested information at the following locations: 1. In the space provide on the signature page of the Proposal Form 2. Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 1" 3. Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No. I could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. Receipt Acknowledged: By: Company: PEACHTREE CONSTRUCTION,LTD. Lauren Prieur, P.E. Interim Director Transportation and Public Works Dept. By: ,Rutd llaot N4 Riad Nusrallah, P.E. Project Manager CITY OF FORT WORTH Transportation and Public Works 2022 CDBG STREET RECONSTRUCTION PROJECT City Project No. # 103020 & 103078 ADDENDUM NO. 1 - END OF SECTION - 2022 CDBG STREET RECONSTRUCTION PROJECT City Project No. # 103020 & 103078 ADDENDUM NO. 1 ADDENDUM NO.2 2022 CDBG STREET RECONSTRUCTION PROJECT CITY PROJECT NO.: 103020 & 103708 Addendum No. 2 Issued: February 10, 2023 Bid Date: February 16, 2023 The Specification, Conti -act Documents and Drawings for the above project are revised and amended as follows: Section — 01 71 23 Construction Staking and Survey This addendum is to clarify that the Construction Staking and Survey is subsidiary item. Replace the attached Section — 01 71 23 Construction Staking and Survey with same section in the Project Manual. The bid will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, February 16, 2023. Please acknowledge receipt of this addendum by completing the requested information at the following locations: I . In the space provide on the signature page of the Proposal Form 2. Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 2" 3. Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No. 1 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. Receipt Acknowledged: By: j r Company:PEACHTREE CONSTRUCTION,LTD. Lauren Prieur, P.E. Interim Director Transportation and Public Works Dept. By: Rtad?2u4ra" Riad Nusrallah, P.E. Project Manager 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Pagel of 8 I SECTION 017123 2 CONSTRUCTION STAKING AND SURVEY 3 PART1- GENERAL 3 lfi t.Y1Ju to KVWA 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. FOR THIS PROJECT SECTION 01 71 23 -CONSTRUCTION STAKING AND 9 SURVEY SHALL BE CONSIDERED SUBSIDIARY TO ALL MAJOR ITEMS, 10 NO SEPARATE PAY. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 — General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Staking SUBSIDIARY ITEM, NO SEPARATE PAY 17— 18 1) r,reasufe ent f f this 4cm, 31v. ,k' b . 19 b=zt 20 1) The wafk peffer-med and the materials Aimished in aeeordaflee with this 21 item 3l_!1'3c pcia for At the lurspi3u. " 22 2) Pa.,F ent for «r onst.. etio Staking" Dh R be made : aFtial payments 23 pfafated by .ark a „leted a red to total .ark i ..lulled in the 1u ffi . 24 siim-item. 25 c. The pr-iee bid WORK PERFORMED shall include, but not be limited to the 26 following: 27 1) Verification of control data provided by City. 28 2) Placement, maintenance and replacement of required stakes and markings 29 in the field. 30 3) Preparation and submittal of construction staking documentation in the 31 form of "cut sheets" using the City's standard template. 32 2. Construction Survey 33 a. Measurement 34 1) This Item is considered subsidiary to the various Items bid. 35 b. Payment 36 1) The work performed and the materials furnished in accordance with this 37 Item are subsidiary to the various Items bid and no other compensation will be 38 allowed. 39 3. As Built c,,... ey 40 a. Measufement 41 l) ,,,r,,asuizement f F this 4wis c1:a11 rc by luinr xmq. 42 b—Pavfflent CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 CITY PROJECT NO.103020 & 103708 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 2 okal b2 paid for at Th c'.uxm"u ptise bid-€er "As -B,dit Survey': 3 2) Pa., ent f "C fistfuetie"talztng" mall bc,-n:adz-r/n v,.tial pyn»4e 4 d ®ompcp -ad to total vic '-k ineluded in the lump stim 5 6 e. The pFieu iv..d cl,.,all "nolude, but not be lifflited to tke fellawingx 7 1) Field measurements and suFvey shots to identify laeation of OE)Mplett0d- 8 f4eilities. 9 2) D n +; on and Gubytaiaal of as built survey data onto eontraetor redline 10 plans and digital survey files-. 11 12 1.3 REFERENCES 13 A. Definitions 14 1. Construction Survey - The survey measurements made prior to or while 15 construction is in progress to control elevation, horizontal position, dimensions and 16 configuration of structures/improvements included in the Project Drawings. 17 2. As built-Surye�,T �i41wVJiA\. 18 ---vefnent features are eemplete to provide position eoofdinates fel: the features 19 of a rro*t. 20 3. Construction Staking; - The placement of stakes and markings to provide offsets 21 and elevations to cut and fill in order to locate on the ground the designed 22 structures/improvements included in the Project Drawings. Construction staking 23 shall include staking easements and/or right of way if indicated on the plans. 24 4. Survey "Field Checks" - Measurements made after construction staking is 25 completed and before construction work begins to ensure that structures marked on 26 the ground are accurately located per Project Drawings. 27 B. Technical References 28 1. City of Fort Worth - Construction Staking Standards (available on City's Buzzsaw 29 website) - 01 71 23.16.01- Attachment A -Survey Staking Standards 30 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available 31 on City's Buzzsaw website). 32 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 33 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land 34 Surveying in the State of Texas, Category 5 35 36 1.4 ADMINISTRATIVE REQUIREMENTS 37 A. The Contractor's selection of a surveyor must comply with Texas Government 38 Code 2254 (qualifications based selection) for this project. 39 1.5 SUBMITTALS 40 A. Submittals, if required, shall be in accordance with Section 01 33 00. 41 B. All submittals shall be received and reviewed by the City prior to delivery of work. CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 CITY PROJECT NO.103020 & 103708 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 2 A. Field Quality Control Submittals 3 1. Documentation verifying accuracy of field engineering work, including coordinate 4 conversions if plans do not indicate grid or ground coordinates. 5 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 6 (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 7 1.7 CLOSEOUT SUBMITTALS 8 B-.,10 1•aailt Ft�lrlla Dfawitig Submittal 9 1. Sulmmit 11 SwveyoF-(RPLE) responsible for the weFk (referton�.1 601 A t4aeh, ent A 12—SuFvey Skal4ng- tandarw, . 13 2. Cef4r-aotel• ohal o> t the proposed as built and eampleted Fedlifle dFawin 14 submittal ene "` week pfiaf4o 34h Auli�g *etre}ee-t-fi?lal iMreetiO 15 and eomment. Revisions, ifneeessafy, shall be made to the as built fedline 16 17 18 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 19 1.9 QUALITY ASSURANCE 20 A. Construction Staking 21 1. Construction staking will be performed by the Contractor. 22 2. Coordination 23 a. Contact City's Project Representative at least one week in advance notifying 24 the City of when Construction Staking is scheduled. 25 b. It is the Contractor's responsibility to coordinate staking such that 26 construction activities are not delayed or negatively impacted. 27 3. General 28 a. Contractor is responsible for preserving and maintaining stakes. If City 29 surveyors are required to re -stake for any reason, the Contractor will be 30 responsible for costs to perform staking. If in the opinion of the City, a 31 sufficient number of stakes or markings have been lost, destroyed disturbed or 32 omitted that the contracted Work cannot take place then the Contractor will be 33 required to stake or re -stake the deficient areas. 34 B. Construction Survey 35 1. Construction Survey will be performed by the Contractor. 36 2. Coordination 37 a. Contractor to verify that horizontal and vertical control data established in the 38 design survey and required for construction survey is available and in place. 39 3. General 40 a. Construction survey will be performed in order to construct the work shown 41 on the Construction Drawings and specified in the Contract Documents. CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 CITY PROJECT NO.103020 & 103708 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 1 b. For construction methods other than open cut, the Contractor shall perform 2 construction survey and verify control data including, but not limited to, the 3 following: 4 1) Verification that established benchmarks and control are accurate. 5 2) Use of Benchmarks to furnish and maintain all reference lines and grades 6 for tunneling. 7 3) Use of line and grades to establish the location of the pipe. 8 4) Submit to the City copies of field notesused to establish all lines and 9 grades, if requested, and allow the City to check guidance system setup prior 10 to beginning each tunneling drive. 11 5) Provide access for the City, if requested, to verify the guidance system and 12 the line and grade of the carrier pipe. 13 6) The Contractor remains fully responsible for the accuracy of the work and 14 correction of it, as required. 15 7) Monitor line and grade continuously during construction. 16 8) Record deviation with respect to design line and grade once at each pipe 17 joint and submit daily records to the City. 18 9) If the installation does not meet the specified tolerances (as outlined in 19 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 20 the installation in accordance with the Contract Documents. 21 Q As Built Sufvey 22 1. IlNuilrea As o..;it c,,...,cy will Ic px of fflea by the Contraetef. 23 2. GOOFEk Rt4en 24 a. G nt..""ta . is to " avdi ,.,to with City to " n fir , whieh fe" tires ,. 25 built sufveying-. 26 b. it is the f' entfaetef's f sibility to " eFdirato the as built s and 27 28 aefivities . at delayed . negatively : et".1 29 e. FE)f se x nx-�tlo an , it is aeeeptable- 30 tophysie lly measure depth and .rafk the lae tion during the pfogfess 4 31 tall:lao I%dilt ed. T-ke 32 33 34 a. The Gentfaetar chill provide 35 lae-ation (and pmvide wrk4efi dooun-c-F.tati to the City) f",...st,... 36 37 1) Water Lines 38 kxna and c a; to" fav ato,.l;no" , t the f ll.... ing 39 la 40 f 1-l�it��I��LtI a , 250 li eat- feet, inel ,, ing 41 (2) H"izgnt"l and , o..tieal points ofinPeetio eurvatufe, 42 ete. 43 (3) Fife line t"" 44 (4) Plugs, stab outs, dead end lines 45 d -\l l9u riad fittings 46 2) SGx�li-y Sewer 47 ") Top f pipe elevations and " ,,,•,1in to" for f =uitso and siphE)n 48 sanitary s .. l;.,o.. g ,;t., . 49 (L}Miaknnu►nn aayer'y-2-SO lirocr fet and any buried fittings CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 CITY PROJECT NO.103020 & 103708 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 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 (2) Horizontal and , o,.t:..al points of ingeetion euFvatufe-, el-e—. 1J raal!I� b. The Centfaeter shall pfovide as built ✓y imilading the elevation and d i%, \ udixg the fellawing: 1) Manholes a) Rim and f9.,1001ine. 01o...,tion-P, ...,d , ,,..d;nAtor f I o ®l:1 2) Alater-lines a) Palled.e eteetion test stations Nffip'inkSta4k)HS e) Meter >^,,.,e,.i..,,,,lts (All ss) d) Fzra kydwntn f) Aif Release valves (Manhole rim and vent pipe) Blom, FFvalves (>`,la lc rim and valve -lid) h) Pressure plane valves- i) r'*/Jecgfoufid Vaults (1) R1n1 and fiewline elevations and . ofdin tes for e t UndergFound Vault. 3) c-&itary Sewer a) Cleanouts (1) Rn:4 and f1.,...l:.,o ..,,d .. ....d:.-,.,tom f..,. o b) 'ems a^: JWx0*"0s Structures (1) Rim and f'lowline elevations and .. ordinates for o eh manhole and ; notion struetare 4) Stermwater Not Applieable 28 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 29 1.11 FIELD [SITE] CONDITIONS [NOT USED] 30 1.12 WARRANTY 31 PART 2 - PRODUCTS 32 A. A construction survey will produce, but will not be limited to: 33 1. Recovery of relevant control points, points of curvature and points of intersection. 34 2. Establish temporary horizontal and vertical control elevations (benchmarks) 35 sufficiently permanent and located in a manner to be used throughout construction. 36 3. The location of planned facilities, easements and improvements,. 37 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 38 areas, utilities, streets, highways, tunnels, and other construction. 39 b. A record of revisions or corrections noted in an orderly manner for reference. 40 c. A drawing, when required by the client, indicating the horizontal and vertical 41 location of facilities, easements and improvements, as built. 42 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 43 construction staking projects. These cut sheets shall be on the standard city template 44 which can be obtained from the Survey Superintendent (817-392-7925). CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 CITY PROJECT NO.103020 & 103708 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 1 5. Digital survey files in the following formats shall be acceptable: 2 a. AutoCAD (.dwg) 3 b. ESRI Shapefile (.shp) 4 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 5 standard templates, if available) 6 6. Survey files shall include vertical and horizontal data tied to original project 7 control and benchmarks, and shall include feature descriptions 8 PART 3 - EXECUTION 9 3.1 INSTALLERS 10 A. Tolerances: 11 1. The staked location of any improvement or facility should be as accurate as 12 practical and necessary. The degree of precision required is dependent on many 13 factors all of which must remain judgmental. The tolerances listed hereafter are 14 based on generalities and, under certain circumstances, shall yield to specific 15 requirements. The surveyor shall assess any situation by review of the overall plans 16 and through consultation with responsible parties as to the need for specific 17 tolerances. 18 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 19 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 20 1.0 ft. tolerance. 21 b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. 22 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 23 walkways shall be located within the confines of the site boundaries and, 24 occasionally, along a boundary or any other restrictive line. Away from any 25 restrictive line, these facilities should be staked with an accuracy producing no 26 more than 0.05ft. tolerance from their specified locations. 27 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 28 electric lines, shall be located horizontally within their prescribed areas or 29 easements. Within assigned areas, these utilities should be staked with an 30 accuracy producing no more than 0.1 ft tolerance from a specified location. 31 e. The accuracy required for the vertical location of utilities varies widely. Many 32 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 33 should be maintained. Underground and overhead utilities on planned profile, 34 but not depending on gravity flow for performance, should not exceed 0.1 ft. 35 tolerance. 36 B. Surveying instruments shall be kept inclose adjustment according to manufacturer's 37 specifications or in compliance to standards. The City reserves the right to request a 38 calibration report at any time and recommends regular maintenance schedule be 39 performed by a certified technician every 6 months. 40 1. Field measurements of angles and distances shall be done in such fashion as to 41 satisfy the closures and tolerances expressed in Part 3.1.A. 42 2. Vertical locations shall be established from a pre -established benchmark and 43 checked by closing to a different bench mark on the same datum. 44 3. Construction survey field work shall correspond to the client's plans. Irregularities 45 or conflicts found shall be reported promptly to the City. CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 CITY PROJECT NO.103020 & 103708 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 1 4. Revisions, corrections and other pertinent data shall be logged for future reference. 2 3 3.2 EXAMINATION [NOT USED] 4 3.3 PREPARATION [NOT USED] 5 3.4 APPLICATION 6 3.5 REPAIR / RESTORATION 7 A. If the Contractor's work damages or destroys one or more of the control 8 monuments/points set by the City, the monuments shall be adequately referenced for 9 expedient restoration. 10 1. Notify City if any control data needs to be restored or replaced due to damage 11 caused during construction operations. 12 a. Contractor shall perform replacements and/or restorations. 13 b. The City may require at any time a survey "Field Check" of any monument 14 or benchmarks that are set be verified by the City surveyors before further 15 associated work can move forward. 16 3.6 RE -INSTALLATION [NOT USED] 17 3.7 FIELD [OR] SITE QUALITY CONTROL 18 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 19 City in accordance with this Specification. This includes easements and right of way, if 20 noted on the plans. 21 B. Do not change or relocate stakes or control data without approval from the City. 22 3.8 SYSTEM STARTUP 23 A. Survey Checks 24 1. The City reserves the right to perform a Survey Check at any time deemed 25 necessary. 26 2. Checks by City personnel or 3' party contracted surveyor are not intended to 27 relieve the contractor of his/her responsibility for accuracy. 28 29 3.9 ADJUSTING [NOT USED] 30 3.10 CLEANING [NOT USED] 31 3.11 CLOSEOUT ACTIVITIES [NOT USED] 32 3.12 PROTECTION [NOT USED] 33 3.13 MAINTENANCE [NOT USED] 34 3.14 ATTACHMENTS [NOT USED] 35 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 2022 CDBG STREET RECONSTRUCTION PROJECT CITY PROJECT NO.103020 & 103708 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. Owen definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. Removed "blue text"; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Owen 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14,2018 2022 CDBG STREET RECONSTRUCTION PROJECT CITY PROJECT NO,103020 & 103708 CITY OF FORT WORTH Transportation and Public Works 2022 CDBG STREET RECONSTRUCTION PROJECT City Project No. # 103020 & 103078 ADDENDUM NO.2 - END OF SECTION - 2022 CDBG STREET RECONSTRUCTION PROJECT City Project No. # 103020 & 103078 ADDENDUM NO.2 0011 13 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of 2022 CDBG STREET RECONSTRUCTION PROJECT, City 5 project No. 102030 & 107308 will be received by the City of Fort Worth Purchasing Office until 6 1:30 P.M. CST, Thursday, February 16, 2023 as further described below: 7 8 City of Fort Worth 9 Purchasing Division 10 200 Texas Street 11 Fort Worth, Texas 76102 12 13 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; 14 15 Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. 16 17 GENERAL DESCRIPTION OF WORK 18 The major work will consist of the (approximate) following: 19 20 15,500 SY 3" Asphalt Pavement Surface Course, Type D 21 15,500 SY 11" Pavement Pulverization 22 9,300 LF 7" Curb and Gutter 23 3,925 SF 6" Concrete Driveway 24 25 PREQUALIFICATION 26 Certain improvements included in this project must be performed by a contractor or designated 27 subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for 28 qualification and pre -qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS 29 TO BIDDERS. 30 31 DOCUMENT EXAMINATION AND PROCUREMENTS 32 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 33 of Fort Worth's Purchasing Division website at http://www.fortworthtexas.aov/purchasing/ and 34 clicking on the link to the advertised project folders on the City's electronic document 35 management and collaboration system site. The Contract Documents may be downloaded, 36 viewed, and printed by interested contractors and/or suppliers. 37 38 EXPRESSION OF INTERSEST 39 To ensure potential bidders are kept up to date of any new information pertinent to this project, all 40 interested parties are requested to email Expressions of Interest in this procurement to the City 41 Project Manager and the Design Engineer. The email should include the company's name, 42 contact person and that individual's email address and phone number. All Addenda will be 43 distributed directly to those who have expressed an interest in the procurement and will also be 44 posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ 45 46 PREBID CONFERENCE — Web Conference 47 A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO 48 BIDDERS at the following date, and time via a web conferencing application: 49 DATE: Tuesday, February 7, 2023 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised 7/19/2021 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 0011 13 INVITATION TO BIDDERS Page 2 of 2 TIME: 10.00 A.M. Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from bonds, grants etc. and reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Riad Nusrallah, City of Fort Worth Email: riad.nusrallah(a,fortworthtexas.sov ADVERTISEMENT DATES January 26, 2023 February 2, 2023 END OF SECTION CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 5 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 6 00 72 00 - GENERAL CONDITIONS. 8 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2. City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1. Bidders or their designated subcontractors are required to be prequalified for the work 35 types requiring prequalification as per Sections 00 45 11 BIDDERS 36 PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms 37 seeking pre -qualification, must submit the documentation identified in Section 00 45 11 38 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) 39 calendar days prior to Bid opening for review and, if qualified, acceptance. The 40 subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate 41 work types. Subcontractors must follow the same timelines as Bidders for obtaining 42 prequalification review. Bidders or Subcontractors who are not prequalified at the time 43 bids are opened and reviewed may cause the bid to be rejected. 44 45 Prequalification requirement work types and documentation are available by accessing all 46 required files through the City's website at: 47 https://apes.fortworthtexas.aov/ProiectResources/ 48 49 3.1.1. Paving — Requirements document located at: CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 50 51 httl)s://abbs.fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- 52 %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2OPavin2 53 %20Contractor%2OPreaualif"ication%2OPro2ram/PREOUALIFICATION%20REO 54 UIREMENTS%20FOR%2OPAVING%2000NTRACTORS.Ddf 55 56 57 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: 58 59 httl)s://aDDs.fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- 60 %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2ORoadwa 61 v%20and%2OPedestrian%2OLi2htin2%2OPre(ivalification%2OPro2ram/STREET% 62 20LIGHT%20PREOUAL%20REOMNTS.Ddf 63 64 3.1.3. Water and Sanitary Sewer — Requirements document located at: 65 66 httl)s://aDDs.fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- 67 %20Construction%2ODocuments/Contractor%2OPreaualification/Water%2Oand%2 68 OSanitarv%2OSewer%2OContractor%2OPreaualification%2OPro2ram/WSS%20pre 69 aual%20reauirements.bdf 70 71 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) 72 calendar days prior to Bid opening, the documentation identified in Section 00 45 11, 73 BIDDERS PREQUALIFICATIONS. 74 75 3.2.1. Submission of and/or questions related to prequalification should be addressed to 76 the City contact as provided in Paragraph 6.1. 77 78 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low 79 bidder for a project to submit such additional information as the City, in its sole 80 discretion may require, including but not limited to manpower and equipment records, 81 information about key personnel to be assigned to the project, and construction schedule 82 to assist the City in evaluating and assessing the ability of the apparent low bidder to 83 deliver a quality product and successfully complete projects for the amount bid within 84 the stipulated time frame. Based upon the City's assessment of the submitted 85 information, a recommendation regarding the award of a contract will be made to the 86 City Council. Failure to submit the additional information, if requested, may be grounds 87 for rejecting the apparent low bidder as non -responsive. Affected contractors will be 88 notified in writing of a recommendation to the City Council. 89 90 3.4. In addition to prequalification, additional requirements for qualification may be required 91 within various sections of the Contract Documents. 92 93 3.5.OMITTED 94 95 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 96 97 4.1. Before submitting a Bid, each Bidder: 98 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 99 4.1.1. Shall examine and carefully study the Contract Documents and other related data 100 identified in the Bidding Documents (including "technical data" referred to in 101 Paragraph 4.2. below). No information given by City or any representative of the 102 City other than that contained in the Contract Documents and officially 103 promulgated addenda thereto, shall be binding upon the City. 104 105 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, 106 local and site conditions that may affect cost, progress, performance or furnishing 107 of the Work. 108 109 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, 110 progress, performance or furnishing of the Work. 111 112 4.1.4. Is advised that, City, in accordance with Title VI of the Civil Rights Act of 1964, 113 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal 114 Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 115 21, Nondiscrimination in Federally -assisted programs of the Department of 116 Transportation issued pursuant to such Act, hereby notifies all bidders that it will 117 affirmatively insure that in any contract entered into pursuant to this advertisement, 118 minority business enterprises will be afforded full opportunity to submit bids in 119 response to this invitation and will not be discriminated against on the grounds of 120 race, color, or national origin in consideration of award. 121 122 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or 123 contiguous to the Site and all drawings of physical conditions relating to existing 124 surface or subsurface structures at the Site (except Underground Facilities) that 125 have been identified in the Contract Documents as containing reliable "technical 126 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 127 at the Site that have been identified in the Contract Documents as containing 128 reliable "technical data." 129 130 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of 131 the information which the City will furnish. All additional information and data 132 which the City will supply after promulgation of the formal Contract Documents 133 shall be issued in the form of written addenda and shall become part of the Contract 134 Documents just as though such addenda were actually written into the original 135 Contract Documents. No information given by the City other than that contained in 136 the Contract Documents and officially promulgated addenda thereto, shall be 137 binding upon the City. 138 139 4.1.7. Should perform independent research, investigations, tests, borings, and such other 140 means as may be necessary to gain a complete knowledge of the conditions which 141 will be encountered during the construction of the project. For projects with 142 restricted access, upon request, City may provide each Bidder access to the site to 143 conduct such examinations, investigations, explorations, tests and studies as each 144 Bidder deems necessary for submission of a Bid. Bidder must fill all holes and 145 clean up and restore the site to its former conditions upon completion of such 146 explorations, investigations, tests and studies. 147 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 148 4.1.8. Shall determine the difficulties of the Work and all attending circumstances 149 affecting the cost of doing the Work, time required for its completion, and obtain all 150 information required to make a proposal. Bidders shall rely exclusively and solely 151 upon their own estimates, investigation, research, tests, explorations, and other data 152 which are necessary for full and complete information upon which the proposal is 153 to be based. It is understood that the submission of a proposal or bid is prima -facie 154 evidence that the Bidder has made the investigations, examinations and tests herein 155 required. 156 157 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 158 between the Contract Documents and such other related documents. The Contractor 159 shall not take advantage of any gross error or omission in the Contract Documents, 160 and the City shall be permitted to make such corrections or interpretations as may 161 be deemed necessary for fulfillment of the intent of the Contract Documents. 162 163 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 164 165 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 166 the site which have been utilized by City in preparation of the Contract Documents. 167 The logs of Soil Borings, if any, on the plans are for general information only. 168 Neither the City nor the Engineer guarantee that the data shown is representative of 169 conditions which actually exist. 170 171 4.2.2. those drawings of physical conditions in or relating to existing surface and 172 subsurface structures (except Underground Facilities) which are at or contiguous to 173 the site that have been utilized by City in preparation of the Contract Documents. 174 175 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 176 on request. Those reports and drawings may not be part of the Contract 177 Documents, but the "technical data" contained therein upon which Bidder is entitled 178 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 179 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 180 responsible for any interpretation or conclusion drawn from any "technical data" or 181 any other data, interpretations, opinions or information. 182 183 4.2.4. Standard insurance requirements, coverages and limits. 184 185 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) 186 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 187 exception the Bid is premised upon performing and furnishing the Work required by the 188 Contract Documents and applying the specific means, methods, techniques, sequences or 189 procedures of construction (if any) that may be shown or indicated or expressly required 190 by the Contract Documents, (iii) that Bidder has given City written notice of all 191 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 192 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 193 etc., have not been resolved through the interpretations by City as described in 194 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 195 and convey understanding of all terms and conditions for performing and furnishing the 196 Work. 197 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 198 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 199 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 200 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 201 Documents. 202 203 5. Availability of Lands for Work, Etc. 204 205 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 206 access thereto and other lands designated for use by Contractor in performing the Work 207 are identified in the Contract Documents. All additional lands and access thereto 208 required for temporary construction facilities, construction equipment or storage of 209 materials and equipment to be incorporated in the Work are to be obtained and paid for 210 by Contractor. Easements for permanent structures or permanent changes in existing 211 facilities are to be obtained and paid for by City unless otherwise provided in the 212 Contract Documents. 213 214 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 215 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 216 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel 217 the award of contract at any time before the Bidder begins any construction work on the 218 project. 219 220 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 221 way, easements, and/or permits, and shall submit a schedule to the City of how 222 construction will proceed in the other areas of the project that do not require permits 223 and/or easements. 224 225 6. Interpretations and Addenda 226 227 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 228 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 229 received after this day may not be responded to. Interpretations or clarifications 230 considered necessary by City in response to such questions will be issued by Addenda 231 delivered to all parties recorded by City as having received the Bidding Documents. 232 Only questions answered by formal written Addenda will be binding. Oral and other 233 interpretations or clarifications will be without legal effect. 234 235 Address questions to: 236 237 City of Fort Worth 238 200 Texas Street 239 Fort Worth, TX 76102 240 Attn: Riad Nusrallah, Transportation and Public Works 241 Email: riad.nusrallah@fortworthtexas.gov 242 Phone: 817-392-2729 243 244 Addenda may also be issued to modify the Bidding Documents as deemed advisable by 245 City. 246 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 247 6.2. Addenda or clarifications may be posted via the City's electronic document management 248 and collaboration system at httgs:Hdoes.b360.autodesk.com/shares/136cf2le-6934- 249 40df-b613-8da590d8950a 250 251 6.3. A prebid conference may be held at the time and place indicated in the Advertisement or 252 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 253 Project. Bidders are encouraged to attend and participate in the conference. City will 254 transmit to all prospective Bidders of record such Addenda as City considers necessary 255 in response to questions arising at the conference. Oral statements may not be relied 256 upon and will not be binding or legally effective. 257 258 7. Bid Security 259 260 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five 261 (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued 262 by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 263 264 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of 265 Award have been satisfied. If the Successful Bidder fails to execute and return the 266 Contract Documents within 14 days after the Notice of Award conveying same, City 267 may consider Bidder to be in default, rescind the Notice of Award and act on the Bid 268 Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to 269 have defaulted. 270 271 8. Contract Times 272 The number of days within which, or the dates by which, Milestones are to be achieved in 273 accordance with the General Requirements and the Work is to be completed and ready for 274 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 275 attached Bid Form. 276 277 9. Liquidated Damages 278 Provisions for liquidated damages are set forth in the Agreement. 279 280 10. Substitute and "Or -Equal" Items 281 The Contract, if awarded, will be on the basis of materials and equipment described in the 282 Bidding Documents without consideration of possible substitute or "or -equal" items. 283 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 284 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 285 City, application for such acceptance will not be considered by City until after the Effective 286 Date of the Agreement. The procedure for submission of any such application by Contractor 287 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 288 Conditions and is supplemented in Section 0125 00 of the General Requirements. 289 290 11. Subcontractors, Suppliers and Others 291 292 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City 293 has goals for the participation of minority business and/or women business 294 enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the 295 M/WBE Project Goals and additional requirements. Failure to comply shall render 296 the Bidder as non -responsive. 297 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 298 Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance 299 No. 24534-11-2020), codified at: 300 https://codelibrary.amleaal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 301 302 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 303 or organization against whom Contractor or City has reasonable objection. 304 305 12. Bid Form 306 307 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 308 obtained from the City. 309 310 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. 311 Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A 312 Bid price shall be indicated for each Bid item, alternative, and unit price item listed 313 therein. In the case of optional alternatives, the words "No Bid," "No Change," or 314 "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder 315 proposes to do the work contemplated or furnish materials required. All entries shall 316 be legible. 317 318 12.3. Bids by corporations shall be executed in the corporate name by the president or a 319 vice-president or other corporate officer accompanied by evidence of authority to 320 sign. The corporate seal shall be affixed. The corporate address and state of 321 incorporation shall be shown below the signature. 322 323 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 324 partner, whose title must appear under the signature accompanied by evidence of 325 authority to sign. The official address of the partnership shall be shown below the 326 signature. 327 328 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 329 member and accompanied by evidence of authority to sign. The state of formation of 330 the firm and the official address of the firm shall be shown. 331 332 12.6. Bids by individuals shall show the Bidder's name and official address. 333 334 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated 335 on the Bid Form. The official address of the joint venture shall be shown. 336 337 12.8. All names shall be typed or printed in ink below the signature. 338 339 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 340 which shall be filled in on the Bid Form. 341 342 12.10. Postal and e-mail addresses and telephone number for communications regarding the 343 Bid shall be shown. 344 345 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 346 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance 347 to State Law Non Resident Bidder. 348 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 349 13. Submission of Bids 350 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 351 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 352 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 353 envelope, marked with the City Project Number, Project title, the name and address of 354 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 355 through the mail or other delivery system, the sealed envelope shall be enclosed in a separate 356 envelope with the notation "BID ENCLOSED" on the face of it. 357 358 14. Withdrawal of Bids 359 360 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may 361 be withdrawn prior to the time set for bid opening. A request for withdrawal must be 362 made in writing and delivered to the Purchasing Office to receive a time stamp prior 363 to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if 364 the request is within one hour of bid opening, will not be read aloud and will 365 thereafter be returned unopened. 366 367 14.2. In the event any Bid for which a withdrawal request has been timely filed has been 368 inadvertently opened, said Bid and any record thereof will subsequently be marked 369 "Withdrawn" and will be given no further consideration for the award of contract. 370 371 15. Opening of Bids 372 Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and 373 major alternates (if any) will be made available to Bidders after the opening of Bids. 374 375 16. Bids to Remain Subject to Acceptance 376 All Bids will remain subject to acceptance for a minimum of 90 days or the time period 377 specified for Notice of Award and execution and delivery of a complete Agreement by 378 Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid 379 security prior to that date. 380 381 17. Evaluation of Bids and Award of Contract 382 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 383 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 384 and to reject the Bid of any Bidder if City believes that it would not be in the best 385 interest of the Project to make an award to that Bidder. City reserves the right to 386 waive informalities not involving price, contract time or changes in the Work and 387 award a contract to such Bidder. Discrepancies between the multiplication of units of 388 Work and unit prices will be resolved in favor of the unit prices. Discrepancies 389 between the indicated sum of any column of figures and the correct sum thereof will 390 be resolved in favor of the correct sum. Discrepancies between words and figures 391 will be resolved in favor of the words. 392 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 393 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 394 among the Bidders, Bidder is an interested party to any litigation against City, 395 City or Bidder may have a claim against the other or be engaged in litigation, 396 Bidder is in arrears on any existing contract or has defaulted on a previous 397 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 398 Bidder has uncompleted work which in the judgment of the City will prevent or 399 hinder the prompt completion of additional work if awarded. 400 401 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the 402 qualifications and experience of Subcontractors, Suppliers, and other persons and 403 organizations proposed for those portions of the Work where the identity of such 404 Subcontractors, Suppliers, and other persons and organizations must be submitted as 405 provided in the Contract Documents or upon the request of the City. City also may 406 consider the operating costs, maintenance requirements, performance data and 407 guarantees of major items of materials and equipment proposed for incorporation in 408 the Work when such data is required to be submitted prior to the Notice of Award. 409 410 17.3. City may conduct such investigations as City deems necessary to assist in the 411 evaluation of any Bid and to establish the responsibility, qualifications, and financial 412 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 413 organizations to perform and furnish the Work in accordance with the Contract 414 Documents to City's satisfaction within the prescribed time. 415 416 17.4. Contractor shall perform with his own organization, work of a value not less than 417 35% of the value embraced on the Contract, unless otherwise approved by the City. 418 419 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 420 responsive Bidder whose evaluation by City indicates that the award will be in the 421 best interests of the City. 422 423 17.6. OMITTED 424 425 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 426 to be awarded, City will award the Contract within 90 days after the day of the Bid 427 opening unless extended in writing. No other act of City or others will constitute 428 acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by 429 the City. 430 431 17.7.1. The contractor is required to fill out and sign the Certificate of Interested 432 Parties Form 1295 and the form must be submitted to the Project Manager 433 before the contract will be presented to the City Council. The form can be 434 obtained at httvs://www.ethics.state.tx.us/data/forms/1295/1295.13df 435 436 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 437 438 18. Signing of Agreement 439 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 440 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied 441 by the required number of unsigned counterparts of the Project Manual. Within 14 442 days thereafter, Contractor shall sign and deliver the required number of counterparts 443 of the Project Manual to City with the required Bonds, Certificates of Insurance, and 444 all other required documentation. 445 446 447 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. 448 449 450 END OF SECTION CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY PROJECT NO. 103020 & 103708 Revised/Updated November 2, 2021 0035 13 CONFLICT OF INTEREST STATEMENT Page 1 of 9 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) httiDs://www.ethics.state.tx.us/data/forms/conflict/CIS.iDdf ❑ CIQ Form does not apply El CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply P] CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Peachtree Construction, Ltd By: J. Barry Clark 5801 Park Vista Circle Signature: 1 C Fort Worth, TX 76244 Title: PRESIDENT END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2022 CDBG RECONSTRUCTION PROJECT Revised February 24, 2020 CITY PROJECT NO. 103020 103708 From: Barry Clark To: Nusrallah. Riad Subject: RE: Date: Friday, April 28, 2023 11:37:52 AM Attachments: Shari) MX-3070 000024306cd8.pdf Sharn MX-3070 0000242f6cd8.ndf Shari) MX-3070 0000242d6cd8.ndf Shari) MX-3070 0000242c6cd8.0df CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Here you go. Have a great weekend and avoid the weather. From: Nusrallah, Riad <Riad.Nusrallah@fortworthtexas.gov> Sent: Thursday, April 27, 2023 5:04 PM To: Barry Clark <jbclark@peachtreecon.com> Cc: Brendan Taylor <btaylor@peachtreecon.com> Subject: Good afternoon Barry, Please print the attached and initial by corrections on the bottom of the pages ( by my initial) to acknowledge the corrections. Please scan it back to me individually as is, and do not combine the files in one. Thank you. Thank you, Riad Nusrallah, P.E. Transportation and Public Works Pavement Management 5001 James Ave, Fort Worth, Texas 76115 817-392-2729 riad.nusrallaha,fortworthtexas. ¢ov City of Fort Worth — Working together to build a strong community. Fort Worth n 00 4100 BID FORM Page 1 of 3 SECTION 00 4100 Bid FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: 2022 CDBG STREET RECONSTRUCTION PROJECT City Project No,: 103020 & 103708 Units/Sections: Paving 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included In the Bidding Documents .to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time Indicated In this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1, In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, Including without limitation those dealing with the disposition of Bid Bond, 2,2. Bidder is aware of all costs to provide the required Insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2,3, Bidder certifies that this Bid is genuine and not made In the Interest of or on behalf of any undisclosed Individual or entity and Is not submitted In conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or Indirectly Induced or solicited any other Bidder to submit a false or sham Bid. 2,5. Bidder has not solicited or induced any individual or entity to refrain from bidding, 2.6. Bidder has not engaged In corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a, "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b, "fraudulent practice" means an intentional misrepresentation of facts made (a) to Influence the bidding process to the detriment of City (b) to establish Bid prices at artlflclal noncompetitive levels, or (c) to deprive City of the benefits of free and open competition, c, 'collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH .2D,2 2 C O&Q STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS g ReViSed 9/3012021 "� Illy Project Number-444*0— (."' ��+� /a3o.,2o d� to370 00 41100 BID FORM Page 2 of 3 d. 'coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to Influence their participation in the bidding process or affect the execution of the Contract, 3. Prequallffcation The Bidder acknowledges that the following work types must be performed only by prequalifled contractors and subcontractors: a. Aspahlt Paving - Heavy Maintenance 4. Time of Completion 4A. The Work will be complete for Final Acceptance within 150 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions, 42, 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, Prequalificatlon Statement, Section 00 4512 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH 2029-c- 01 (: RGGo h-44r'u::s Ion Fro i)ec+ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 0/30I2021 J (�j+.-- Cily ProJecl Nu bet 103020110 708 00 41 00 BID FORM Page 3 of 3 6. Total Bid Amount 6,1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount, In the space provided below, please enter the total bid amount for this project, Only this figure will be read publicly by the City at the bid opening. 6.2, It Is understood and agreed by the Bidder In signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying 'the unit bid prices for each pay Item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Totai Bid 7. Bid Submittal This Bid Is submitted on Respectfully submi d, By: J: (Signature) J. Barry Clark (Printed Name) Title: President 'Company: Peachtree Construction, Ltd. Address: 6801 Park Vista Circle Fort Worth, TX 76244 State of Incorporation: Email: jbclark@peachtreecon.com Phone: 817-741-4658 $1,602,187,50 February 16, 2023 by the entity named below, END OF SECTION Recelpt is acknowledged of the Initial following Addenda: (Addendum No. 1: 10J .,, (Addendum No, 2: llpaw (Addendum No, 3: NIA (Addendum No. 4: 1 Corporate Seal: CITY OF FORT WORTH za Z2. G D 8 Q R& c a ri S4-y 11eAoy) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 City Project Number 40 WO `"' /0362,0 4 103706 SECTION 00 42 43 PROPOSALFORM UNIT PRICP BID 004143 RID PROPOSAL Page 1 of I Bidder's Application Projo0111olnlnformallon I Didde:'sFroposal Ullll I - BMW lom D4scriplion Unilof 1314 UnitPdce D1dVoluo No. ISpeeilleotionSedan No. Measure Qusntlly 1 0135,0201 R13MODELIZATION 017000 HA 1 ;1,000.00_ S1,000,00 2 0241,1300 REMOVE CONCCURB &OUTTBR 0241 13 LF 3,40D SIO.W $34.000.00 3 3216,0102 7" CONC CURB AND GUT[HR 321613 LF 9,30D $46.25 $430,12S.00 4 0241.0401 R➢MOVECO CRETB RIV➢1VAY 024113 SP 3,670 $5.50 $20.185.00 5 3213,0401 6" CONCHErilDR[VB\ AY 321320 SF 3,925 S13.SO $52,987.50 6 0241,0100 REMOVE SIDE\yALK 02 41 13 SP 650 $4.50 $2,925.001 7 3213,D301 d" CONC SID81 ALK 321320 SP 650 $10.50 96.825.001 8 1213.0322 CONC CURB ATBACK OF SIDEWALK (6 to l21nch max) 32 13 20 LF 170 $17.00 $2,890.001 9 D241.1400REMOVE CONCVALLEY OUITER 024113 SY 100 $49.50 $4,950.00 10 3216.03017'CONCVALLBYQUMR 32 16 13 SY 170 $142.00 $24,140.001 11 D241,0300 REMOVE ADA RAMP 0241 13 EA 25 $1250.00 $31,250.00 12 3213.0501 BARRIER FREE RAW, TYPER•1 321320 EA 40 $1,IW.W $124.000,001 13 3213.0506 DARR18RFREE RAMP, TYPE P-1 321320 EA 10 $2.700.0ft $27.000.00 14 3110,01DI12"-WI TREE REMOVAL 311000 BA 5 $2,000.00 $10000.OD 15 3110,0104 18"-24" TRUE REMOVAL 31 1000 BA 5 $2,300.W $11.500,00 16 999%wo REMOVE CONCRETE AND REPLACE WITH 7INCH CONCRETE PAVEMENTHES 999990 SY 80 $340.00 S27.2W.00 17 3212.03D23"ASPHALT PAVEMENT, TYPED 321216 SY 15,500 $23.00 S356,110,10 18 3212,04D1 HMACTRANSITION 321216 TN 10 SIS0106 81,5b0.00 19 0241.170011"PAVDMENTPULVBRIZATION 024115 SY IS,5W $11.50 1f78,250.W 20 3211.0122FLEX BASE, TYPE A,OR-2 321123 CY 100 SIIS.W 511,500.W 21 3211,0600 CEM33NT MODIFICATION, 26 lbdsy 321133 TN 200 S340.00 S681000,00 22 3123.0101 UNCLASSIPIBD➢XCAVATION 312316 CY ISO $42.00 $6300.00 23 3292.OlWBLOCKSOD R13PLACEMBNT 329213 SY 2,000 $9.00 $18,000,00 24 3217,5001CURB ADRESSPAE4TIN0 321725 ➢A 2 $60,00 $120.00 25 3291.0100 TOPSOIL 329119 CY 135 $110.00 $14,85D.00 26 3232.01000ONCRETAINI O`W�ALL(Wr-AFC) 321320 SF 200 $90,W $18.000.00 27 3305.0108 tv11SCR1,LANeO�9ADJUSTMDNT(UTILITIES) 330514 LS 1 $10.000,W $101000,00 29 3305.0112 WATERVALVE BOX ADJUSTMENT (WITH CONCRETE COLLAR) 33 OS 14/33 OS 17 ➢A 3 SI1100.00 $3.300.00 30 3312,2003 WNCH STANDARD PLASTIC MBT13R BOX I 33 1210 ➢A 1 S340.00 $340.001 31 3312.2003 1- INCH SfANDARD CONCRETE METER BOX I 331210 BA 1 $550.00 SSSD,00 33 3303,9112 MANHOLE ADJUSTMENT (WITH CONCRETE COLLAR) 330S 14/330517 EA 15 S21200.00 $33,000.001 If 34 3110,0101 SIT➢CLEARINO 311000 SY too $11.00 S1.100,00.1 I 35 9999,DD96 PAVING CONSTRUCTION ALLOWANCE I LS 1 $70,000.00 $70,000,001 Total Ease Did $L,602d87,501 32 16 13 Curb Cut nod Valley Gut Total Did, S1,602,187,501 END OFSECTION LWYOPPDRTWoRnt STANDARDCONaMUC13ONWFICIPICATIDN DMM IM Radcd WXW21 :2O.?.z I�CCcsV1S �'t�t3C� toY1'pKu jCL*% Jally PM"j Nwahr4MWtr� 6 L- lv3&Z®gl 103708 SUCTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS: 004313 010 BOND Page 1 of 2 That we, Peachtree Construction, LTD , known as "Bidder" herein and Travelers Casualty and Surety Company of America a corporate surety duly authorized to do business in the State of Texas, known as 'Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent ($%) of Bidder's maximum bid price, In lawful money of the United States, to be paid In Fart Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the fallowing project designated as 2022 CDSG STREET RECONSTRUCTION PROJECT NOW, THEREFORE, the condition of this obligation is such that If the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter Into the Contract in writing with the City In accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal falls to execute such Contract in accordance with the terms of same or falls to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penally hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that If any legal action be filed on this Bond, venue shall lie In Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this Instrument by duly authorized agents and officers on this the 10 day of February , 2023. ATTEST: f Witness as{to P in pa CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 013012021 PRINCIPAL: Peachtree Construction, LTD BY: J, � r nature J. BARRY CLARK i PRESIDENT Name and Title 2c>2aC b 9Gr JPae&hs4-rue4-ion py*c+ City Project Numhen404448-- /o302o 0103 70 V ness aVSure y Inds dwards 00 43 13 BID BOND Page 2 of 2 i Address: 6801 Park Vista Cir, Keller, Texas 76244 SURETY: Travelers Casualty and Surety Company of America BY: OJ,4 Signature Teresa Ayala Attorney -in -Fact Name and Title Address: 2900 Marquita Dr. Fort Worth, Texas 76116 Telephone Number; 817-737-4943 Attach Power of Attorney (Surety) for Attorney -in -Fact *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation, if Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract Is awarded. END OF SECTION CITY of FORT WORTH .2v22 C b 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 913012021 My Proled Nuulber484446+r J�-- 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 (cut -of -stake contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services In Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder In order to obtain a comparable contract In the State which the nonresident's principal place of business Is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders In the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders In the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner Is in the State of Texas. Cl BIDDER: Peachtree Construction, Ltd, 6801 Park Vista Circle Fart Worth, TX 76244 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 0/30/2021 By: J. Barry Clark } C— J. � (Signature) Title: President Date: 16-Feb-23 2o22C D199 ,eecoilS "1-4JCk"O. rf)u eC+ City Project Number-494970- J /o30a c9 /037-08 0045 11 -1 BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 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/taxDermit/ 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 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 CITY PROJECT NO. 103020 & 103708 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 who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility 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. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 CITY PROJECT NO. 103020 & 103708 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 CITY PROJECT NO. 103020 & 103708 00 45 12 PREQUALIFICATION STATEMENT 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 Aspahlt Paving - Heavy Maintenance Contractor/Subcontractor Company Name Prequalification Expiration Date Peachtree Construction, Ltd. 10/1/2024 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Peachtree Construction, Ltd. By: J. B Clark 5801 Park Vista Circle ` C' " (SigAature) Fort Worth, TX 76244 Title: President Date: 2. 16. Z 3 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2022 CDBG RECONSTRUCTION PROJECT Revised 09/30/2021 CITY PROJECT NO. 103020 103708 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 004526- 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 104178 Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Peachtree Construction. LTD Company 5801 Park Vista Cir Address Keller. TX 76244 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: J. Barry Clark (P se Print) Signature: k . C ., v 0 Title: President _ (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared J. Barry Clark , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Peachtree Construction. LTD for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ito day of 01601%e11, Cheryl Jerome =x� _ jL• o Notary Public, Slate of Tom Conum.Expires 08/02/2024 r. Notary ID616044.1 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 State of Texas 2022 CDBG STREET RECONSTRUCTION PROJECT CITY PROJECT NO. 103020 & 103708 00 52 43 - 1 Agreement Page 1 of 7 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on the 23rd of May, 2023, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Peachtree Construction, LLD., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2022 CDBG STREET RECONSTRUCTION PROJECT CITY PROJECT NUMBER 103020 & 103708 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of ONE MILLION SIX HUNDRED TWO THOUSAND ONE HUNDRED EIGHTY SEVEN and 501100 DOLLARS (1,602,187.50). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 150 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred Fifty AND 00/100 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: CITY SECRETARY FT. WORTH, TX A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH 2022 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised 8/22/2022 00 52 43 - 2 Agreement Page 2 of 7 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification urovision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH 2022 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised 8/22/2022 00 52 43 - 3 Agreement Page 3 of 7 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification urovision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in cart, by anv act, omission or negligence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. CITY OF FORT WORTH 2022 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised 8/22/2022 00 52 43 - 4 Agreement Page 4 of 7 In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 7.8 Prohibition on Contracts with Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. CITY OF FORT WORTH 2022 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised 8/22/2022 00 52 43 - 5 Agreement Page 5 of 7 Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH 2022 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised 8/22/2022 00 52 43 - 6 Agreement Page 6 of 7 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH 2022 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised 8/22/2022 00 52 43 - 7 Agreement Page 7 of 7 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: Peachtree Construction, Ltd. By: (7 Eami CCavk J. Barry Clark (Vay 16, 2023 09:12 CDT) Signature J.. Barry Clark (Printed Name) J. Barry Clark Title President Address Fort Worth, Texas 76244 City/State/Zip May 16, 2023 Date City of Fort Worth By. William Johnson (Jufi 7, 2023 17:35 CDT) William M Johnson Assistant City Manager Jun 7, 2023 Date one f QRi npF p� oa ��9dG Attest: p p� /�\�(\7 �d V cQnn�xosaa` Jannette Goodall, City Secretary (Seal) M&C: 23-0429 Date: 5/23/2023 Form 1295 No.: 2022-946207 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ,��GnJ�2a.L Riad Nusrallah Project Manager Approved as to Form and Legality: hfiwl 1 Mack (Jun 7, 202310:48 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: _A-1 Lauren Prieur (Jun 5, 202315:59 CDT) Lauren Prieur, Director Transportation & Public Works Department CITY OF FORT WORTH 2022 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 0061 13- 1 PERFORMANCE BOND Page 1 of 2 Bond # 107709101 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Peachtree Construction. Ltd., known as "Principal" herein and 8 Travelers Casualty and Surety Company of America , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, ONE MILLION, SIX 12 HUNDRED TWO THOUSAND ONE HUNDRED EIGHTY SEVEN 501100 Dollars. 13 ($1,602,187.50), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, 1.5 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City 17 awarded the 23rd day of May, 2023, which Contract is hereby referred to and 18 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 19 labor and other accessories defined by law, in the prosecution of the Work, including any Change 20 Orders, as provided for in said Contract designated as 2022 CDBG Street Reconstruction Project, 21 City project No. 103020 & 103708 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 006113-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 24th day of May ,2023 . ATTEST: (Principal) Secretary Wit s as to Principal <A -i Witness as to Suretyl-inda K Edwards PRINCIPAL: Peachtree Conskuction. Ltd.. BY: S nature A J. Bar Clark, President Name and Title Address: 5801 Park Vista Cir Keller, TX 76244 SURETY: Travelers Casualty and Surety Company of America BY: _PAS_ LL. -61- Signature (f Teresa Ayala Attorney -In -Fart Name and Title Address: 2900 Marquita Dr. Ft. Worth, TX 76116 Telephone Number: 817-737-4943 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised July 1, 2011 AIw TRAVELERS) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Teresa Ayala of FT WORTH , Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. pro StlRfTy t�tv zi�J 'Q. F� AJ � ltnP__ 4 VAL �1y�,.....r4 ,F, State of Connecticut City of Hartford ss. By: f Robert L. Raney"Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 116TAH1' a rueua , Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 24th day of Mav , 2023 �w,o w;rr,+��R ��t•�vo y��si HA5If0iK7, s _ IIAIifNfb, � CCFi''OGJ".Y d O d > Kevin E. Hughes, Assi Cant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached. 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: hftr)://www.tdi.state.tx.us E-mail: ConsumerProtection(a)tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 f 1 2 3 4 5 6 0061 14 - 1 PAYMENTBOND Page 1 of 2 SECTION 00 6114 Bond # 107709101 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 7 That we, Peachtree Construction. Ltd., known as "Principal" herein, and 8 Travelers Casualty and Surety Company of America a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of ONE MILLION SIX HUNDRED TWO THOUSAND ONE HUNDRED EIGHTY 13 SEVEN AND 501100 DOLLARS (1,602.187.50), lawful money of the United States, to be paid 14 in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we 15 bind 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 23L" day of May, 2023, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as 2022 CDBG STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 22 103020 & 103708. 23 NOW, THEREFORE, TIIE 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 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CrfY PROJECT NO. 103020 & 103708 Revised July I, 2011 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 24th day of 3 May 2023 4 5 6 7 8 9 10 12 ATTEST: (Principal) Secretary Witn as to Principal ATTEST: (Surety) Secret�Tinayne Witness as to Surety Linda K Edwards PRINCIPAL: Peachtree Construction, Ltd. BY: Si ture J. Barry Clark, President Name and Title Address: 5801 park Vista Cir Keller, TX 76244 SURETY: Travelers Casualty and Surety Company of America B Signature Teresa Ayala Attorney -in -Fact Name and Title Address: 2900 Marquita Dr Fort Worth. TX 76116 Telephone Number: 817-737-4943 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised July I, 2011 Travelers Casualty and Surety Company of America I1111111111h. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Teresa Ayala of FT WORTH , Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. �A Ja,,rr .has yYry COW $ W HAArFORD, ' Uivoun b� .� i4P State of Connecticut City of Hartford ss. By: Robert L. RaneRenior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2026 x txTARY Ra rus �c{�}; Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 24th day of Mav , 2023 8 W nnnrFos , At c�rasr�'t s �Kevin E. Hughe Assi�cretary To verify the authenticity of this Power of Attorney, please calf us at 1-800-411-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll - free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: hftD://www.tdi.state.tx.us E-mail: ConsumerProtection(a.tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 0061 19 - 1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND Bond # 107709101 3 4 THE STATE OF TEXAS § 5 § KNOW ALL 13Y THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Peachtree Construction. Ltd., known as "Principal" herein and 9 Travelers Casualty and Surety Companv of America , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of ONE MILLION. 13 SIX HUNDRED TWO THOUSAND, ONE HUNDRED EIGHTY SEVEN AND 501100 DOLLARS 14 (1.602.187.50), lawful money of the United States, to be paid in Fort 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 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the 23rd day of May , 2023, which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 24 the "Work") as provided for in said contract and designated as 2022 CDBG STREET RECONSTRUCTION 25 PROJECT, CITY PROJECT NO. 103020 & 103708; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two (2) years 30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised July 1, 2011 006119-2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any defective Work, for which timely notice was provided by City, to a completion 4 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 14 Worth Division; and 15 16 PROVIDED FURTHER, that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches 18 19 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 20 instrument by duly authorized agents and officers on this the 24th day of May 21 , 2023 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ATTEST: (Principal) Secretary I W e as to Principal PRINCIPAL: Peachtree Construction, Ltd. BY: �n4 . I .3 �.,� C— '<gnature J. Barry Clark. President Name and Title Address: 5801 Park Vista Cir Keller. TX 76244 CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised July 1, 2011 7 8 9 ATTEST: 10 �- 11 12 ( ety) ^ ret t ne 13 14 S 15 itness as to Surety Linda K Edwards 006119-3 MAINTENANCE BOND Page 3 of 3 SURETY: Travelers Casualty and Surety Company of America B Signature Teresa Ayala Attorney -in -Fact Name and Title Address: 2900 Marquita Dr. Fort Worth, TX 76116 Telephone Number: 817-737-4943 16 17 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 18 from the by-laws showing that this person has authority to sign such obligation. If 19 Surety's physical address is different from its mailing address, both must be provided. 20 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH 2O22 CDBG STREET RECONSTRUCTION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103020 & 103708 Revised July 1, 2011 Travelers Casualty and Surety Company of America A111111111h. Travelers Casualty and Surety Company TRAVELERS 1 St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Teresa Ayala of FT WORTH , Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 00 sum a! a ONN, State of Connecticut City of Hartford ss. By: Robert L. RaneR,enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2026 otx�TARYFre Anna P. Nowik, Notary Public � This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 24th day of Mav , 2023 N Zo fin` ,'yt • 0 NARTFORG. Lk O01 AJ`t Oj CONN. 8 CONS. n UAL Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power ofAttorney is attached. IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll - free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: hftD://www.tdi.state.tx.us E-mail: ConsumerProtection(@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE:2022 CDBG Street Reconstruction - W RiDV St M&C: 23-0429 CPN: 103020 & 103078 CSO: 58557 Date: 06/01 /23 To: Name 1 Donnette Murphy 2. Michael Owen 3. Lauren Prieur 4. Priscilla Ramirez 5. Doug Black 6. William Johnson 7 Ronald Gonzales 8 Jannette Goodall 9 Allison Tidwell 10. TPW Contracts Department Initials Risk -Approver TPW-Approver TPW-Signer Legal -Approver Legal -Signer 1b ACM -Signer CSCO-Approver , CSCO-Signer ' ; CSCO-Form Filler ji- TPW DOC#: Date Out 06/05/23 06/05/23 06/05/23 06/06/23 36/07/23 36/07/23 )6/08/23 06/08/23 06/08/23 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: [-]YES ®No RUSH: [-]YES ®No SAME DAY: DYES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Re wired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to the General Conditions & Specs ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts@a fortworthtezas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2022 CDBG Street Reconstruction Proiect - W RiaV Street M&C: CPN: 103020 & 103078 CSO: Date: 05/12/23 To: Name 1. J Barry Clark/Peachtree Const 2. Proj Mgr: Riad Nusrallah 3. Michelle Hadley -McGhee 4. 5. 6. 7 8 9 10. Department Initials Vendor -Signer TPW-Signer TPW-Review „D DOC#: 1 Date Out 05/16/23 05/16/23 06/01 /23 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: DYES ®No RUSH: DYES ®No SAME DAY: DYES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(&fortworthtexas.eov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! 0 Bond Verification