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Home My WebLink AboutContract 59862FORTWORTH6, CSC No. 59862 CONTRACT FOR THE CONSTRUCTION OF 2023 ASPHALT RESURFACING CONTRACT 3 AT VARIOUS LOCATIONS City Project No. 104816 Mattie Parker Mayor David Cooke City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2023 .ram OF TE �P�E•••.... ••XIS 'pNjP;Ft E .......... .W OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. "I'll 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 0005 10 Mayor and Council Communication 07/01/2011 00�� 0011 13 Addend Invitation to Bidders 07/01/2011 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 0045 11 Bidders Prequalifications 08/13/2011 0045 12 Prequalification Statement 09/30/2021 00�3 Pfeq, alifieatio A;W-izJat.an 08ovr13Q021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 11/23/2021 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 3233 Preconstruction Video 07/01/2011 01 3300 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 0158 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 7123 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised December 9, 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 32-0rT7 �� 7. 1.t�:I �rrg�cCpcsxr 32 0123 Eenefeto Paving R 32 1123 Flexible Base Courses 27�9 L;Am T1oatea -Base Co .ses 32 11 12 32 1137 Cement T-Fe.,te.l Base Cou-se Liquid ,;a Treated Soil St. bib' tee, 27�o � 32 1273 27�j Asphalt It D.,..ing �'�valhalt Irv.,.,,. r -aek Sealants 32 1320 27�3 Go e..ete Paving Concrete Sidewalks, Driveways and Barrier Free Ramps C ne,.ete Paving joint Sealants 32 14 16 Bkidk- 1-11,iit N:gig 32 16 �3 27�3 Gonerete Capb and Offitter-s and Valley Gffitter-s 27�5 Paye,v.e.,.t Mar -kings GuFb A J c,-, Bainkng 32 > 13 27�o Chain >~erees and Gates Wire Fences and bates 32 32 1-1 Cast i Ul.,ee r..,- e -ete Ril nirzA \Y,46 3291 19 2')�3 27� Topsoil Placement and Finishing of Parkways 14y - M l,.hing Seeding, a -ad e,,,lding Trees ..,-.,l Sb.fu4 Division 33 - Utilities 22�0 Sewer- and TiT.,ntiole Testing 22�= 23 03-10 Closed !'';,Snit Television (CCTV) T,, speetion Bypas0 llkunr� of Firming Sewer- Systems 22�0 22�11 22� joint 1?,.,..1;,...and Eleet i2a C,0 W.,.an !`.,,-,•osio,-. !''oatfol Test Sta4io s Magnesium Anode C tl.ed e Proteetio Systefln 22�0 22�0 33 04-50 Te,,.,p,,,.ary Water Services Cleaning a -ad A eeept nee Testing of Water- Mains )/ja lir4 of Sewer- Mains 3305 10 22� 22� 1✓ ,l,�,e„t a -a T2.,ek ll TTt�'1�F��"�ll �rraa:�a-tins, .,>'nbo , e Water- Line Lowering Fra tee Cove,- Grade Rings Cast !fe.. 3305 13.01 and Fr-ame, Cover- and Grade Rings Composite Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 3305 14 220 22�T Grade (`,.,. e fete W..tef V.,,,1ts -ete 22�0 330521 330522 Gone Coll— Auger- Ber-ing Tunrvl L;.naf Plate Steel !''acing Pipe 12/20/2012 12/09/2021 03/11/2022 03/11/2022 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 22�3 l Tuntx3ling 22�T 22�o mix ?Nr,o in Gasi*g cc TunsxO l/.mo Pkata Utility TR.,fke-s/T .,e te-s 22�0 22�5 2 2�0 T ..ea4ie of Existing Utilities ,d (`_.,shots 1�6�.t 0, IttitO, a�� Duet; l T,.o Npe 33 11 11 e Ductile ir-e Fittings 33 11 12 3- 11 13 Polyvinyl Ghler-ide (PVC) Pr-essufe Pipe Cone-feto Nwocu:o Pipe 13af Wed,SteelCylinder- Typc 3; 11 11 22�0 uufie,1 Stool Pipe and Fittings 1 7 11,T.,tef 22 1 2 1 1 22�0 el- Se-. ees ineh to Large e Water- Mete -s Secte d (`_.,te 22 1221 22�5 Resilient Valve AWW-A Itubbor E., Bate d R„tteF ly Valves r,,,-.,,�et;,,,., t 1230 22�0 Eidsting Water- Mains E .on-,VFm%aan Air- - Valve Ao-j". ,&,l-lNZ for- Petable Water- Systems 22�0 22� Fire Hydrants �., W-al�^t S�~l�p, ., la Stations ct.,,,da -.d Blow Valve Assembly 3; ] 12 off Gwe d i Dlaee Pipe (CIPP) 33 ] 13 Fitiorgluz Roinf ,-ee d Pipe for- Gravity S n;t. y Sewer 22 21 1 C 2Z� High Density Polyethylene (jDPE) Pip for- S.,n tafy Sewe-r Polyvinyl Chloride (PVC) (1,-ay ty Sanitary Sewer- Pipe PolyvinylChloride (PVC) Closed Profile Gravity Sanitary Sewer 22 21 21 T - Pipe 333,122 22�3 San tafy Sewor Eli:1iring S.,a ta-Fy Sewer- Pipe E la-geme t 22�0 Sanitary Sewer- Ser-v ee C nneeti ns .,n &- 6ao Un' 333170 om!xmtign Air- . Valve for Sanitary Sewer- For-ee Mains 23 39 10 22�0 33 3930 C--&. iN Naze r, ner-ete Manholes Preeast !''..ne -ete TiT.,pAieles Fiber -glass Manholes 22�0 333960 22�no Wastewater- A eeess Chamber (W A C 1r..e.. T ; o s for- Sanitary Sowef St.- et.,«os Reinf ,-ee d C rer-ete Storm Ec-r;e iP /C+Avt- r �2 I! 1 1 7l High Density Polyethylene (jDPE) Piro f�so Dwn 22 Reinf ,-ee d Pety 4hy4ene (&RPD, Pipo 41 Polypropylene Pipe for- ct\o„m Drain �33� �133 33 4600 F 4t/�IY,iwgei 22�1r 22�y Slotted ftn Hinz T11,-ain- 22�0 22� Treneh Last In Pl oo 1\R.,,,.holes and Tunetio 12.,�.0� llfop 22�0 Cw-b and inlets Storm. TN%ai :age Head -walls and Aling...a! Division 34 - Transportation 34-41 10 Tr-a€fio 9�,,-na10 2 n ^env 11 AttaehmenlA Geatfeller-Gabinet 24 41 10.02 n tB � Ott-ee�,GefrtfellefSpeei£e-etien 24 41 10.03 Attaehmen4 C Se€twar-e speeificatiefl CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 ?/I 11 11 Te,...,.,,,., y T..affi , Signals 34 41 13 Removing T-r-affie Signals 311 11 `5 Reetangular l 34 4120 Readw IlluminRoi 34 4120.01 ni4er .,1 LED D,.,.,1..,.,y 1/aminair s 3n n�03 Resida stiW TZD Raadwy Izjrm�'�irgs 34 4130 Alur.'Ymn. ✓gns 3471 13 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: htti):Hfortworthtexas.2ov/tDw/contractors/ or htti)s:Happs.fortworthtexas.Lov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 02 41 14 Utility ity v o,,..,,,,.,1 i n 1.,.n,1,.n,,ne fft 1 2 i�tz 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03/11/2022 03 2,1 13 Gent -elle Tow Strength Mate,-ia (C SM4 1 7 �7�- OQ012 03 34 r ner-ete -Base r, me-ia f Tr fic)h 17�7zz90190i2 03 90 00 Modifieatio o E7Ilotl..N Cone to Stim ,.tufes 12ir�r20,9 z Division 26 —Eleetrieal 260500 C-efflp-n A,azork lava.� for- Qeet..iea nano 12 ...r 26--05-T0 rLravraozz 26--05-33 rLravravzz 2605 �3 Underground D ote��Id Racewaysfor-0,-�� o Gemnrdnieations Multi Duet Conduit �o Division 31- Earthwork 31 00 00 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 31�-124-00 Evnl U' I=its o1 i �3 31 25 00 Erosion and Sediment Control 04/29/2021 313600 Gabiens 12��12 �,700 Ripr-ap 12i�1z Division 32 - Exterior Improvements efmanen� ['1' lit ILl.zngzccpssrr rLrtvrtvzz CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 8 32 1133 Cement Treated Base Courses 06/10/2022 11 3,z Liquid ,i T- fe.,te.1 Sol Stabilizer- 08/2 1,9015 32 12 16 Asphalt Paving 12/20/2012 32 1273 Asphalt Paving Crack Sealants 12/20/2012 37�3 Etrcta av �g 0/�n�� 6/1 n ,z 32 1320 �zv 32 1373 (`..ne-ete Sid l , vW 1✓ � �nzJl%1L0 �P1 :,�•,,•,,,� '�"f1tT � r' Concrete Paving joint Sealants 12/09/7m7 rcrvT-z-v�c 12�20,90�2 27�o �� t Unit P.avixg �J� �12/20,9n,2 32 1613 Concrete Curb and Gutters and Valley Gutters 12/09/2022 32 1723 Pavement Markings 06/10/2022 32 1725 Curb Address Painting 11/04/2013 ?) 13 Chain>~enees and Gates 12/2z 3232 13 Ca��in nlaoo r tect aZning VaIs 86/05/2818 Z7�9 I Topsoil Dl.eemont an� Fixi j.Vm � of D e.,.1,, ay D igh4 of ,, ays 03 /,�z 3292 13 27�4 Sodding ti„e 05/13/2021 nen�2 3293 43 No.. N Seeding Trees and E�xmti" 11 /7z Division 33 - Utilities � 330130 Manhole Testing �� and n /�n, o nn/n��a 22�= Closed r;,-euit Television (!''CT -NI) !asp e.,t;on cxii"•tor'-Sewer n2/l�i 330132 �on Closed r;,-e,,;t Television /!''CT -NI) T,�.s,. �raili 0/7m7 34 �z 22� 2Z�T joint Bending and Eleetr e.,l isolation /'offesio Cei4fel Test Stations 12/'0,9012 17/7Q01Q0Q 33 04 30 33 04-40 Temporary „fit . F:X:iees Cleaning and A eeerta- ee Testing f Water Mains n7/n�I rr1 /n�13. 33 04-50 3305 10 Cleaning ing of Pipes Utility Trench Excavation, Embedment, and Backfill 034 l�z 04/02/2021 3305 12 Hof Li". LaweFing 12/�1" 3305 13 Frame, Cover and Grade Rings 09/09/2022 �n� 3305 14 Adjusting sting N4 ,l,olzi, Inve lots, V Boxes, a nthefstmetffes-te /10 1�z 3305 16 Gfade Concrete Water Vaults 12/20/2012 3305 17 Concrete Collars 03/11/2022 3 2�v A-ug-"-Boring 12 /�tz 33 05 21 �s-vTZT 22� 2'2�3 1 r � �1.T�'1 P�tc Steel Casing -Ripe 12/20,9012 zz-rrvravzz 12/20,Q012 171 /7 z 33 05 24 22T3 05 266 33-03-30 Hand Tumeling last.,ll., io eF!`.,ff e,- Pipe i !''.,sing Tunnel T e Plate 17/0z 1 � /')rzrz0,9012 12/2z 17/7 of f Utility b.-k-cyc ae-ator-s T ee.,tio of&Eistifig Util: 33 1105 2'2�o 33 1 1 1 1 Belt" NtAs, and Gaskets Ductile T,-o Pipe Tl, ,tile 1 . Fitfirzgs z 12/0z 09/7 T CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 8 33 1 1 1 3 Goner-ete Pressure Pipe Bar- W-fapped, Stool Cylinder- Type 1 71 /7 z .3"- 1 1 1 � Bufie,l Stool Pipe .,,.,.1 Fi#i igs 12A20A2012 33 1210 Water Services 1-inch to 2-inch 02/14/2017 22 12 1 1 T ., ge Water Nleto,-s 12Q042012 33 1220 Resilient Seated Gate Valw 05�06,QOIS 32�T n xx W n Rubbef Sea4ed Butter -fly V nn /own 2Z� (',,mb;,.,.,t;.,n Air Valve Assemblies for Potable Water- Systo17/2z 33 1240 Fire 011 /n 4 33 1250 WeAor Eame-,- Stations 12/�12 Z2�no Standafd Blow off Valve Assembly 06/19QO13 '2Z�2 Gufed i Dlaee Pipe (!`TDD\ 171 /'l 2- 22 21 1 2 Fibe glass Rein f ,-ee Pipe for- G-.,.,;t„ IV �'�a��✓I` rS 12Q0A2012 '21 33 31 �5 ffi�gr DQrioitT' (1-1DPE) 1"e �9 Z2�o Polyvinyl Chloride (nx(r) Gr-a-,i Eani'ta ;vcwerT4pe 09/09,42022 2T3 3T1 21 D.1..iny Chloride (Dx7() Closed Profile Gr-a ,;kEanilmr;of L]Nn 2nZ Ripe Sanitafy Se 12Q0,42n12 �zL vcwPl.' �1�C LPC�C.:"g zznvrtvzz Z2�Q Sanitafy Sewer- Seryi e r nneetions and Seryi e Li nn/o�13 ZZ�O r,,ml ina4io n;. Valve for Earxtw:-; Sow > o ra ;ram 112/�12 3339 10 Cast ix Nwz r r oto ra � 12/�iz 2Z� UD,- eeasL1t,.!�''. ,,rote T�..,� holo� 17/'fzzr20,9012 333930 333960 Sowe StFu-et,,,.o� 04,99, 021 �-��T' E�'^��2ifi,' v�rt�rzvzT 33 4110 no;nf ,-ee r aef:ete St,.,-m Sewer- Pipe/r„lyefts 07/n T 2Z�T High Density Polyethylene (i7DPE) Pipe F 7T�� r S4a ../'m\ r. 117/7rz�-20,Q z 2'2�i Reinfer-eed Polyethylene (MPi) ilyp iW31QW5 Z2�3 D„1.,.,.,-,.pylefle Pipe f r Stonxn Dmm\N n6v/lrnz0,QO22 33 46 00 Subdrainage 12/20/2012 n�/n1 /�n1 1 2 2� �t�^1� 1.�:�1.:48 ,T 33 4602 Tfm01: 111,� °:AG n7/n�, '�i 33 49 10 Cact in 2 2920 Curb a,l Pf:E)pinlets ets n� n�z 33 4940 Stuvm TJimnagc lkl2ad . alls and xxr,,,..,,.,lls 07 0i190i i Division 34 T-r-anspor-tatio-it 34P-41 10 Tra f�;7..�...„Si...�-.al 7� ,�1':.' 03/i�z 34 411 110.. v011 AttatrhmentA Contr6fY�ct�inet i2,48,20is 3n ^�02 AttaehmentB Centreller Speeifour 2 34 41 10.03 n S„o rrttaC�3ii}Ei}t-�—c�9�t1d6 c'k�2vpv-eifi^cxti6n 2 ZA�3 no,,,,.ying T..,ff; Signals 034i, 022 Zi 4120 Roadw 17/'1z L90,L 012 34 n�notr 1 14rte�«LED �T'D P_oay r �(arain�irrs 06/15 ,9015� 34 4120.02 Freeway LED Roadway ay T/1 5/701 C � �.a,rrr�rrs nti 34 n�o3 r d r /�n1 c #estdo>P4tia1. Jil Aomori=a3' �(.�rrrrrasr�s n6/1 c �� 34 4130 M.F�lgff1 1 421900 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 8 Appendix GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GN-1.0 General Notes SD-1.0 Standard Construction Details PQ-1.0 Project Map and Quantity END OF SECTION CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised December 9, 2022 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0583 LOG NAME: 2023 ASPHALT RESURFACING CONTRACT 3 SUBJECT (CD 2 and CD 8) Authorize Execution of a Contract with Peachtree Construction, Ltd., in the Amount of $1,635,118.50 for 2023 Asphalt Resurfacing Contract 3 at Various Locations RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Peachtree Construction, Ltd., in the amount of $1,635,118.50 for 2023 Asphalt Resurfacing Contract 3 project (City Project No. 104816) at various locations. DISCUSSION: In the Fiscal Year 2023 Pay -Go Contract Street Maintenance Program, various types of street maintenance projects are grouped into specific contract packages. The recommended construction contract proposed in this Mayor and Council Communication (M&C) will provide street rehabilitation for the street sections listed below under the Contract Street Maintenance Program for the 2023 Asphalt Resurfacing Contract 3 project (City Project No. 104816). Street From To Procedure Lane Mile East Berry Street Mitchell Boulevard Marine Creek Parkway Northwest (North Bound) College Drive Vaughn Mill Overlay 2.40 Boulevard Pavement Pulverization 0.88 Change Overlay Total: 3.281 Construction for this project is expected to start in Summer 2023 and be completed by Spring 2024. Upon completion of the project there will be no anticipated impact on the General Fund operating budget. This project was advertised for bid on April 20, 2023 and April 27, 2023 in the Fort Worth Star -Telegram. On May 18, 2023, the following bids were received: Bidder Peachtree Construction, Ltd. Texas Materials Group, dba Texas Bit Amount Time of Completion $1,635,118.50 214 Days $1, 662, 922.75 Funding is budgeted in the TPW Highway & Streets Department's General Capital Projects Fund for the purpose of funding the 2023 Asphalt Resurf Contr 3 project as appropriated. DVIN-BE: PEACHTREE CONSTRUCTION, LTD. is in compliance with the City's Business Equity Ordinance by committing to 20% MWBE participation on this project. The City's MWBE goal on this project is 20%. This project is located in COUNCIL DISTRICTS 2 and 8. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the 2023 Asphalt Resurf Contr 3 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 00 11 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 2023 ASPHALT RESURFACING CONTRACT 3, City 5 Project No. 104816 ("Project") will be received by the City of Fort Worth Purchasing Office until 6 1:30 P.M. CST, Thursday, May 18, 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 20,000 SY 2" Surface Milling 20,000 SY 2" Asphalt Pavement Surface Course, Type D 3,000 SY Remove Concrete Pavement 667 CY Asphalt Base Repair 7,000 SY I I" Pavement Pulverization 7,000 SY 3" Asphalt Pavement Surface Course, Type D 700 LF Concrete Curb and Gutter 1,210 SF Concrete Driveway 28,660 LF HAS Pavement Markings 20 21 PREQUALIFICATION 22 Certain improvements included in this project must be performed by a contractor or designated 23 subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for 24 qualification and pre -qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS 25 TO BIDDERS. 26 27 DOCUMENT EXAMINATION AND PROCUREMENTS 28 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 29 of Fort Worth's Purchasing Division website at httD://www.fortworthtexas.2ov/Durchasin2/ and 30 clicking on the link to the advertised project folders on the City's electronic document 31 management and collaboration system site. The Contract Documents may be downloaded, 32 viewed, and printed by interested contractors and/or suppliers. 33 34 Copies of the Bidding and Contract Documents may be purchased from Marwan Hafez, 35 Marwan.Hafez(a,fortworthtexas.2ov. City of Fort Worth, TPW, 5001 James Avenue, Fort Worth, 36 TX 76115. 37 38 The cost of Bidding and Contract Documents is: $30.00 39 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104816 Revised 7/19/2021 00 11 13 INVITATION TO BIDDERS Page 2 of 2 40 EXPRESSION OF INTEREST 41 To ensure potential bidders are kept up to date of any new information pertinent to this project, all 42 interested parties are requested to email Expressions of Interest in this procurement to the City 43 Project Manager and the Design Engineer. The email should include the company's name, 44 contact person and that individual's email address and phone number. All Addenda will be 45 distributed directly to those who have expressed an interest in the procurement and will also be 46 posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ 47 48 PREBID CONFERENCE — Web Conference 49 A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO 50 BIDDERS at the following date, and time via a web conferencing application: 51 DATE: Tuesday, May 2, 2023 52 TIME: 10:00 A.M. 53 Invitations with links to the web conferencing application will be distributed directly to those 54 who have submitted an Expression of Interest. 55 56 If a prebid conference is held, the presentation and any questions and answers provided at the 57 prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not 58 being held, prospective bidders can e-mail questions or comments in accordance with Section 6 59 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses 60 listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will 61 be issued pursuant to the Instructions to Bidders. 62 63 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 64 City reserves the right to waive irregularities and to accept or reject any or all bids. 65 66 AWARD 67 City will award a contract to the Bidder presenting the lowest price, qualifications and 68 competencies considered. 69 70 FUNDING 71 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 72 revenues generated from bonds, grands, etc. and reserved by the City for the Project. 73 74 INQUIRIES 75 All inquiries relative to this procurement should be addressed to the following: 76 77 Attn: Marwan Hafez, City of Fort Worth 78 Email: Marwan.Hafez(&fortworthtexas.2ov 79 80 ADVERTISEMENT DATES 81 April 20, 2023 82 April 27, 2023 83 END OF SECTION CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104816 Revised 7/19/2021 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 46 47 48 49 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms 0021 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre -qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: httDs://aDDs.fortworthtexas.2ov/Proi ectResources/ 3.1.1. Paving — Requirements document located at: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 2023 ASPHALT RESURFACING CONTRACT 3 City Project No. 104816 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 50 51 httDs://aDDs.fortworthtexas.2ov/ProiectResources/ResourcesP/02%20- 52 %20Construction%2ODocuments/Contractor%2OPrecivalification/TPW%2OPavin2 53%20Contractor%2OPrecivalification%2OProjzram/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.aov/ProiectResources/ResourcesP/02%20- 60 %20Construction%2ODocuments/Contractor%2OPrecivalification/TPW%2ORoadwa 61 v%20and%2OPedestrian%2OLi2htin2%2OPrequalification%2OProaram/STREET% 62 20LIGHT%20PREQUAL%20REOMNTS.Ddf 63 64 3.1.3. Water and Sanitary Sewer — Requirements document located at: 65 66 httl)s://aDDs.fortworthtexas.Qov/ProiectResources/ResourcesP/02%20- 67 %20Construction%2ODocuments/Contractor%2OPrecivalification/Water%2Oand%2 68 OSanitarv%2OSewer%2OContractor%2OPreaualification%2OPro2ram/WSS%20i)re 69 qual%20requirements.Ddf 70 71 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) 72 calendar days prior to Bid opening, the documentation identified in Section 00 45 11, 73 BIDDERS PREQUALIFICATIONS. 74 75 3.2. 1. Submission of and/or questions related to prequalification should be addressed to 76 the City contact as provided in Paragraph 6.1. 77 78 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low 79 bidder for a project to submit such additional information as the City, in its sole 80 discretion may require, including but not limited to manpower and equipment records, 81 information about key personnel to be assigned to the project, and construction schedule 82 to assist the City in evaluating and assessing the ability of the apparent low bidder to 83 deliver a quality product and successfully complete projects for the amount bid within 84 the stipulated time frame. Based upon the City's assessment of the submitted 85 information, a recommendation regarding the award of a contract will be made to the 86 City Council. Failure to submit the additional information, if requested, may be grounds 87 for rejecting the apparent low bidder as non -responsive. Affected contractors will be 88 notified in writing of a recommendation to the City Council. 89 90 3.4.In addition to prequalification, additional requirements for qualification may be required 91 within various sections of the Contract Documents. 92 93 3.5.OMITTED 94 95 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 96 97 4.1. Before submitting a Bid, each Bidder: 98 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104816 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. ill 112 4.1.4.OMITTED 113 114 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or 115 contiguous to the Site and all drawings of physical conditions relating to existing 116 surface or subsurface structures at the Site (except Underground Facilities) that 117 have been identified in the Contract Documents as containing reliable "technical 118 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 119 at the Site that have been identified in the Contract Documents as containing 120 reliable "technical data." 121 122 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of 123 the information which the City will furnish. All additional information and data 124 which the City will supply after promulgation of the formal Contract Documents 125 shall be issued in the form of written addenda and shall become part of the Contract 126 Documents just as though such addenda were actually written into the original 127 Contract Documents. No information given by the City other than that contained in 128 the Contract Documents and officially promulgated addenda thereto, shall be 129 binding upon the City. 130 131 4.1.7. Should perform independent research, investigations, tests, borings, and such other 132 means as may be necessary to gain a complete knowledge of the conditions which 133 will be encountered during the construction of the project. For projects with 134 restricted access, upon request, City may provide each Bidder access to the site to 135 conduct such examinations, investigations, explorations, tests and studies as each 136 Bidder deems necessary for submission of a Bid. Bidder must fill all holes and 137 clean up and restore the site to its former conditions upon completion of such 138 explorations, investigations, tests and studies. 139 140 4.1.8. Shall determine the difficulties of the Work and all attending circumstances 141 affecting the cost of doing the Work, time required for its completion, and obtain all 142 information required to make a proposal. Bidders shall rely exclusively and solely 143 upon their own estimates, investigation, research, tests, explorations, and other data 144 which are necessary for full and complete information upon which the proposal is 145 to be based. It is understood that the submission of a proposal or bid is prima -facie 146 evidence that the Bidder has made the investigations, examinations and tests herein 147 required. 148 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104816 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 149 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 150 between the Contract Documents and such other related documents. The Contractor 151 shall not take advantage of any gross error or omission in the Contract Documents, 152 and the City shall be permitted to make such corrections or interpretations as may 153 be deemed necessary for fulfillment of the intent of the Contract Documents. 154 155 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 156 157 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 158 the site which have been utilized by City in preparation of the Contract Documents. 159 The logs of Soil Borings, if any, on the plans are for general information only. 160 Neither the City nor the Engineer guarantee that the data shown is representative of 161 conditions which actually exist. 162 163 4.2.2. those drawings of physical conditions in or relating to existing surface and 164 subsurface structures (except Underground Facilities) which are at or contiguous to 165 the site that have been utilized by City in preparation of the Contract Documents. 166 167 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 168 on request. Those reports and drawings may not be part of the Contract 169 Documents, but the "technical data" contained therein upon which Bidder is entitled 170 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 171 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 172 responsible for any interpretation or conclusion drawn from any "technical data" or 173 any other data, interpretations, opinions or information. 174 175 4.2.4. Standard insurance requirements, coverages and limits. 176 177 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) 178 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 179 exception the Bid is premised upon performing and furnishing the Work required by the 180 Contract Documents and applying the specific means, methods, techniques, sequences or 181 procedures of construction (if any) that may be shown or indicated or expressly required 182 by the Contract Documents, (iii) that Bidder has given City written notice of all 183 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 184 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 185 etc., have not been resolved through the interpretations by City as described in 186 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 187 and convey understanding of all terms and conditions for performing and furnishing the 188 Work. 189 190 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 191 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 192 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 193 Documents. 194 195 5. Availability of Lands for Work, Etc. 196 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104816 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 197 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 198 access thereto and other lands designated for use by Contractor in performing the Work 199 are identified in the Contract Documents. All additional lands and access thereto 200 required for temporary construction facilities, construction equipment or storage of 201 materials and equipment to be incorporated in the Work are to be obtained and paid for 202 by Contractor. Easements for permanent structures or permanent changes in existing 203 facilities are to be obtained and paid for by City unless otherwise provided in the 204 Contract Documents. 205 206 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 207 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 208 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel 209 the award of contract at any time before the Bidder begins any construction work on the 210 project. 211 212 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 213 way, easements, and/or permits, and shall submit a schedule to the City of how 214 construction will proceed in the other areas of the project that do not require permits 215 and/or easements. 216 217 6. Interpretations and Addenda 218 219 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 220 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 221 received after this day may not be responded to. Interpretations or clarifications 222 considered necessary by City in response to such questions will be issued by Addenda 223 delivered to all parties recorded by City as having received the Bidding Documents. 224 Only questions answered by formal written Addenda will be binding. Oral and other 225 interpretations or clarifications will be without legal effect. 226 227 Address questions to: 228 229 City of Fort Worth 230 200 Texas Street 231 Fort Worth, TX 76102 232 Attn: Marwan Hafez, Transportation and Public Works 233 Email: Marwan.Hafez(&fortworthtexas.2ov 234 Phone: 817-392-7968 235 236 237 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 238 City. 239 240 6.3. Addenda or clarifications may be posted via the City's electronic document management 241 and collaboration system at httr)s://docs.b360.autodesk.com/shares/53fb6le7-5f3d- 242 4c46-a8d8-14774d49791d CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104816 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 243 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 244 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 245 Project. Bidders are encouraged to attend and participate in the conference. City will 246 transmit to all prospective Bidders of record such Addenda as City considers necessary 247 in response to questions arising at the conference. Oral statements may not be relied 248 upon and will not be binding or legally effective. 249 250 7. Bid Security 251 252 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five 253 (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued 254 by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 255 256 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of 257 Award have been satisfied. If the Successful Bidder fails to execute and return the 258 Contract Documents within 14 days after the Notice of Award conveying same, City 259 may consider Bidder to be in default, rescind the Notice of Award and act on the Bid 260 Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to 261 have defaulted. 262 263 8. Contract Times 264 The number of days within which, or the dates by which, Milestones are to be achieved in 265 accordance with the General Requirements and the Work is to be completed and ready for 266 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 267 attached Bid Form. 268 269 9. Liquidated Damages 270 Provisions for liquidated damages are set forth in the Agreement. 271 272 10. Substitute and "Or -Equal" Items 273 The Contract, if awarded, will be on the basis of materials and equipment described in the 274 Bidding Documents without consideration of possible substitute or "or -equal" items. 275 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 276 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 277 City, application for such acceptance will not be considered by City until after the Effective 278 Date of the Agreement. The procedure for submission of any such application by Contractor 279 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 280 Conditions and is supplemented in Section 0125 00 of the General Requirements. 281 282 11. Subcontractors, Suppliers and Others 283 284 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City 285 has goals for the participation of minority business and/or women business 286 enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the 287 M/WBE Project Goals and additional requirements. Failure to comply shall render 288 the Bidder as non -responsive. 289 290 Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance 291 No. 24534-11-2020), codified at: 292 httDs://codelibrarv.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 293 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104816 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 294 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 295 or organization against whom Contractor or City has reasonable objection. 296 297 12. Bid Form 298 299 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 300 obtained from the City. 301 302 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. 303 Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A 304 Bid price shall be indicated for each Bid item, alternative, and unit price item listed 305 therein. In the case of optional alternatives, the words "No Bid," "No Change," or 306 "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder 307 proposes to do the work contemplated or furnish materials required. All entries shall 308 be legible. 309 310 12.3. Bids by corporations shall be executed in the corporate name by the president or a 311 vice-president or other corporate officer accompanied by evidence of authority to 312 sign. The corporate seal shall be affixed. The corporate address and state of 313 incorporation shall be shown below the signature. 314 315 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 316 partner, whose title must appear under the signature accompanied by evidence of 317 authority to sign. The official address of the partnership shall be shown below the 318 signature. 319 320 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 321 member and accompanied by evidence of authority to sign. The state of formation of 322 the firm and the official address of the firm shall be shown. 323 324 12.6. Bids by individuals shall show the Bidder's name and official address. 325 326 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated 327 on the Bid Form. The official address of the joint venture shall be shown. 328 329 12.8. All names shall be typed or printed in ink below the signature. 330 331 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 332 which shall be filled in on the Bid Form. 333 334 12.10. Postal and e-mail addresses and telephone number for communications regarding the 335 Bid shall be shown. 336 337 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 338 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance 339 to State Law Non Resident Bidder. 340 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104816 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 341 13. Submission of Bids 342 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 343 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 344 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 345 envelope, marked with the City Project Number, Project title, the name and address of 346 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 347 through the mail or other delivery system, the sealed envelope shall be enclosed in a separate 348 envelope with the notation "BID ENCLOSED" on the face of it. 349 350 14. Withdrawal of Bids 351 352 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may 353 be withdrawn prior to the time set for bid opening. A request for withdrawal must be 354 made in writing and delivered to the Purchasing Office to receive a time stamp prior 355 to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if 356 the request is within one hour of bid opening, will not be read aloud and will 357 thereafter be returned unopened. 358 359 14.2. In the event any Bid for which a withdrawal request has been timely filed has been 360 inadvertently opened, said Bid and any record thereof will subsequently be marked 361 "Withdrawn" and will be given no further consideration for the award of contract. 362 363 15. Opening of Bids 364 Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and 365 major alternates (if any) will be made available to Bidders after the opening of Bids. 366 367 16. Bids to Remain Subject to Acceptance 368 All Bids will remain subject to acceptance for a minimum of 90 days or the time period 369 specified for Notice of Award and execution and delivery of a complete Agreement by 370 Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid 371 security prior to that date. 372 373 17. Evaluation of Bids and Award of Contract 374 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 375 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 376 and to reject the Bid of any Bidder if City believes that it would not be in the best 377 interest of the Project to make an award to that Bidder. City reserves the right to 378 waive informalities not involving price, contract time or changes in the Work and 379 award a contract to such Bidder. Discrepancies between the multiplication of units of 380 Work and unit prices will be resolved in favor of the unit prices. Discrepancies 381 between the indicated sum of any column of figures and the correct sum thereof will 382 be resolved in favor of the correct sum. Discrepancies between words and figures 383 will be resolved in favor of the words. 384 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104816 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 385 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 386 among the Bidders, Bidder is an interested party to any litigation against City, 387 City or Bidder may have a claim against the other or be engaged in litigation, 388 Bidder is in arrears on any existing contract or has defaulted on a previous 389 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 390 Bidder has uncompleted work which in the judgment of the City will prevent or 391 hinder the prompt completion of additional work if awarded. 392 393 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the 394 qualifications and experience of Subcontractors, Suppliers, and other persons and 395 organizations proposed for those portions of the Work where the identity of such 396 Subcontractors, Suppliers, and other persons and organizations must be submitted as 397 provided in the Contract Documents or upon the request of the City. City also may 398 consider the operating costs, maintenance requirements, performance data and 399 guarantees of major items of materials and equipment proposed for incorporation in 400 the Work when such data is required to be submitted prior to the Notice of Award. 401 402 17.3. City may conduct such investigations as City deems necessary to assist in the 403 evaluation of any Bid and to establish the responsibility, qualifications, and financial 404 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 405 organizations to perform and furnish the Work in accordance with the Contract 406 Documents to City's satisfaction within the prescribed time. 407 408 17.4. Contractor shall perform with his own organization, work of a value not less than 409 35% of the value embraced on the Contract, unless otherwise approved by the City. 410 411 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 412 responsive Bidder whose evaluation by City indicates that the award will be in the 413 best interests of the City. 414 415 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 416 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 417 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 418 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 419 comparable contract in the state in which the nonresident's principal place of 420 business is located. 421 422 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 423 to be awarded, City will award the Contract within 90 days after the day of the Bid 424 opening unless extended in writing. No other act of City or others will constitute 425 acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by 426 the City. 427 428 17.7.1. The contractor is required to fill out and sign the Certificate of Interested 429 Parties Form 1295 and the form must be submitted to the Project Manager 430 before the contract will be presented to the City Council. The form can be 431 obtained at httns://www.ethics.state.tx.us/data/forms/1295/1295.lDdf 432 433 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 434 435 18. Signing of Agreement CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104816 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 436 437 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied 438 by the required number of unsigned counterparts of the Project Manual. Within 14 439 days thereafter, Contractor shall sign and deliver the required number of counterparts 440 of the Project Manual to City with the required Bonds, Certificates of Insurance, and 441 all other required documentation. 442 443 444 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. 445 446 447 END OF SECTION CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104816 Revised/Updated November 2, 2021 003513 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) httos://www.ethics.state.tx.us/data/forms/conflict/CIS.r)df ❑ CIQ Form does not apply 0 CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply 121 CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary 1-11p]11:4 � Peachtree Construction, Ltd By: J 5801 Park Vista Circle Signature: Fort Worth, TX 76244 Title: END OF SECTION Barry Ik I.c_... President CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 2023 ASPHALT RESURFACING CONTRACT 3 City Project No. 104816 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: 2023 ASPHALT RESURFACING CONTRACT 3 AT VARIOUS LOCATIONS City Project No.: 104816 Units/Sections: Paving 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 ASPHALT RESURFACING CONTRACT 3 Revised 9/30/2021 City Project No. 104816 00 41 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 210 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 ASPHALT RESURFACING CONTRACT 3 Revised 9/30/2021 City Project No. 104816 0041 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. Total Bid $1,635,118.50 7. Bid Submittal This Bid is submitted on 5/18/2023 by the entity named below. Respectfully sub m' d, (Receipt is acknowledged of thel following Addenda: By: (Addendum No. 1: (Signature) (Addendum No. 2: NIA JAddendum No. 3: J. Barry Clark (Addendum No. 4: (Printed Name) Title: President Company: Peachtree Construction, Ltd. Corporate Seal: Address: 5801 Park Vista Circle Fort Worth, TX 76244 State of Incorporation: Email: jbclark@peachtreecon.com Phone: 817-741-4658 END OF SECTION Initial CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 ASPHALT RESURFACING CONTRACT 3 Revised 9/30/2021 City Project No. 104816 00 42 43 BD PROPOSAL Pogo 1 of 1 UNIT PRICE BID SECTION 00 42 43 PROPOSAL FORM Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description Specification Section No. Unit of Bid Unit Price Bid Value No. Measure Quantity 1 0135.0201 Remobilization 017000 EA 1 $1,000.00 $1,000.00 2 0241.1300 Remove Cone Curb & Gutter 0241 15 LF 700 $2.50 $1,750.00 3 3216.0102 7" Core Curb and Gutter 32 16 13 LF 700 $57.00 $39,900.00 4 0241.0401 Remove Concrete Drive 0241 13 SF 1,210 $2.50 $3,025.001 5 3213.0401 6" Cone Drivewav 32 1320 SF 1,210 $16.25 $19,662.501 6 0241.0100 Remove Sidewalk 0241 13 SF 350 $2.50 $875.001 7 3213.0301 4" Cone Sidewalk 32 1320 SF 350 $11.50 $4,025,001 8 3213.0322 Cone Curb at Back of Sidewalk (6 To 12 Inch Max) 32 1320 LF 100 $29.00 $2,900.001 9 3232.0100 Cone Ret Wall Adjacent to Sidewalk (2 Ft To 4 Ft) 3232 13 SF 100 $29.00 $2,900.001 10 0241.1400 Remove Conc Valley Gutter 0241 14 SY 45 $21.00 $945.001 11 3216.0301 7" Cone Valley Gutter 32 16 13 SY 45 $165.00 $7,425.001 12 0241.0300 Remove ADA Ramp 0241 13 SF 630 $2.50 $1,575.00 13 3213.0501 Barrier Free Ramp, Tvpe R-1 32 1320 SF 100 $40.00 $4,000.001 1 14 3213.0503 Barrier Free Ramp, Tvpe M-1 32 1320 SF 100 $40.00 $4,000.001 15 3213.0504 Barrier Free Ramp, Tvpe M-2 32 1320 SF 100 $40.00 $4,000.001 16 3213.0506 Barrier Free Ramp, Tvpe P-1 32 1320 SF 330 $40.00 $13,200.001 1 17 3212.0600 Asphalt Pavement Level - Up 32 12 16 TN 70 $115.00 $8,050.001 18 3212.0401 HNIAC Transition 32 12 16 TN 50 $124.00 $6,200.001 19 3124.0101 Asphalt Pavement Base Repair 3201 17 CY 667 $355.00 $236,785.001 20 3212.0900 Crack Sealing of Existing Pavement 32 1273 GA 200 $45.00 $9,000.001 21 0241.1506 2" Surface Milling 0241 15 SY 20,000 $3.50 $70,000.0o1 22 9999 Remove Concrete Pavement 0241 15 SY 3,000 $18.00 $54,000.001 23 3212.0302 2" Asphalt Pvmt Tvpe D 32 12 16 SY 20,000 $20.00 $400,000.00 24 3212.0302 3" Asphalt Pvmt Tvpe D 32 12 16 SY 7,000 $32.25 $225,750.00 1 25 0241.1700 11" Pavement Pulverization 0241 15 SY 7,000 $10.55 $73,850.00 1 26 3211.0600 Cement Modification, 26 Ibs/sv 32 1133 TN 91 $310.00 $28,210.00 1 27 3211.0122 Flex Base, Tvpe A, Gr-2 32 1123 CY 100 $85.00 $8,500.00 1 28 9999.0000 Remove Concrete and Replace with 7" Concrete Pavement HES 02 41 15/32 13 13 SY 120 $186.00 $22,320.00 1 29 3110.0102 24-Inch and Larger, Tree Removal 31 1000 EA 2 $2,800.00 $5,600.00 1 30 3110.0102 6"-12" Tree Removal 31 1000 EA 1 $2,000.00 $2,000.00 1 31 3123.0101 Unclassified Excavation 3223 16 CY 100 $65.00 $6,500.00 1 32 3292.0100 Block Sod Replacement 3292 13 SY 1,000 $17.00 $17,000.00 1 33 3217.5001 Curb Address Painting 32 1725 EA 12 $65.00 $780.00 I 34 3291.0100 Topsoil 3291 19 CY 150 $85.00 $12,750.00 1 35 3217.0101 6" Sld Pvmt Marking HAS (W) 32 1723 LF 3,660 $2.00 $7,320.00 1 36 3217.0102 6" Sld Pvmt Marking HAS (Y) 32 1723 LF 6,960 $2.00 $13,920.00 1 37 3217.0103 6" Brk Pvmt Marking HAS (W) 32 1723 LF 10,780 $2.00 $21,560.00 1 38 3217.0107 6" Brk Pvmt blarkinR HAS (Y) 32 1723 LF 4,100 $2.00 $8,200.00 1 39 3217.0201 8" Sld Pvmt Marking HAS (W) 32 1723 LF 1,700 $2.50 $4,250.00 I 40 3217.0301 12" Sld Pvmt Marking HAE (W) 32 1723 LF 150 $6.25 $937.50 1 41 3217.0403 18" Sld Pvmt Marking HAE (Y) 32 1723 LF 240 $8.50 $2,040.00 1 42 3217.0501 24" Sld Pvmt Marking HAE (W) 32 1723 LF 1,070 $12.25 $13,107.50 1 43 3217.1002 Lane Legend Arrow 32 1723 EA 21 $265 00 $5,565.00 1 44 3217.1004 Lane Legend Onlv 32 1723 EA 21 $400.00 $8,400.00 1 45 3217.1009 Lane Legend Bike Arrow 32 1723 EA 10 $265.00 $2,650.001 1 46 3217.1006 Lane Legend Bike 32 1723 EA 10 $300.00 $3,000.00 1 47 3217.1007 Lane Legend Sharrow 33 1723 EA 10 $500.00 $5,000.001 1 48 3217.2001 Raised Marker TY W 33 1723 EA 180 $3.70 $666.00 49 3217.2103 Refl Raised Marker TY II -A -A 32 1723 EA 220 $5.00 $1,100.001 1 50 3217.2104 Refl Raised Marker TY II-C-R 32 1723 EA 160 $380.00 $60,800.001 1 51 3305.0108 Miscellaneous Adjustment (Utilities) 00 05 08 LS 1 $20,000.00 $20,000.00 1 52 3305.0111 Water Valve Box Adjustment (With Steel Riser) 33 05 14/33 05 17 EA 1 $850.00 $850.001 1 53 3305.0112 Water Valve Box Adjustment (With Concrete Riser) 33 05 14/33 05 17 EA 18 $850.00 $15,300.00 1 54 3312.2003 1-Inch Standard Plastic Meter Box 33 12 10 EA 10 $225.00 $2,250.001 55 3312.2003 1-inch Standard Concrete Meter Box 33 12 10 45 11 $325.00 $3,575.00 56 3349.0107 Manhole Adjustment (With Steel Riser) 33 49 10 EA 1 $1,100.00 $1,100.00 1 57 3305.0112 Manhole Adjustment (With Concrete Collar) 3305 14 EA 17 $1,100.00 $18,700.00 1 58 3305.0108 Miscellaneous Structure Adjustment (5' Stonn Drain Inlet Too) 3305 14 EA 1 $5,600,00 $5,600.00 1 59 3305.0108 Miscellaneous Structure Adjustment 00' Storm Drain Inlet Top) 3305 14 EA 1 $8,500.00 $8,500.00 1 60 3346.0101 6" Perforated Subdrain Pipe 33 46 00 LF 100 $29.00 $2,900.00 1 61 3471.0002 Portable Message Sigel 3471 13 WK 28 $450.00 $12,600.00 1 62 9999.0000 Site Clearing SY 150 $45.00 $6,750.00 1 63 9999.0096 Paving Construction Allowance LS 1 $80,000.00 $80,000.00 Total Bid $1,635,118.50 END OF SECTION Crry OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 ASPI[ALT RESURFACING CONTRACT 3 Ro-d 9/30/2021 CA) Projxt No 104816 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID 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 (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 2023 ASPHALT RESURFACING CONTRACT 3 AT VARIOUS LOCATIONS 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 fails to execute such Contract in accordance with the terms of same or fails 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 penalty 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 9th day of May 2023. ATTEST: 4/ Witness as to Principal CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 PRINCIPAL: Peachtree Construction., Ltd. BY: �ignature 14 J. UP.IRARRY CLARK 1 PRESIDENT Name and Title 2023 ASPHALT RESURFACING CONTRACT 3 City Project No. 104816 --"' Wetness as to Sur�Tina Payne Attach Power of Attorney (Surety) for Attorney -in -Fact 004313 BID BOND Page 2 of 2 Address: 5801 Park Vista Cir Keller, TX 76244 SURETY: Travelers Casualty and Surety Company of Americ 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 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 ASPHALT RESURFACING CONTRACT 3 Revised 9/3012021 City Project No. 104816 Travelers Casualty and Surety Company of America AIM, Travelers Casualty and Surety Company TRAVELERS' 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. ��ya sne4n N,,.tv nh„3 p\i��h f �s 1R State of Connecticut City of Hartford ss. Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 •• •ram w TA�A'f •5 �� 4 � f U' 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 9th day of Mav , 2023 91�G1U�/�>•+ W l Ulhr ye 1 &eE. Hughes, Assi�cretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fad and the details of the bond to which this Power ofAttorney is attached. 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 8 of 9 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of are not required to underbid resident bidders. , our principal place of business, B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. E BIDDER: Peachtree Construction, Ltd. 5801 Park Vista Circle Fort Worth, TX 76244 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 By: J. Barry Clark R, (Signature) Title: President Date: 5/18/2023 2023 ASPHALT RESURFACING CONTRACT 3 City Project No. 104816 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxpermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised August 13, 2021 004511-2 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 for Award of Contract 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 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised August 13, 2021 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised August 13, 2021 00 45 12 PREQUALIFICATION STATEMENT Page 9 of 9 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Contractor/Subcontractor Company Name PrequalificationExpiration 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 5801 Park Vista Circle 0 Fort Worth, TX 76244 END OF SECTION By: J. B 19 Clark 1. c (Signature) Title: President Date: S ® I e, - 7-5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/30/2021 2023 ASPHALT RESURFACING CONTRACT 3 City Project No. 104816 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 (« 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. 104816. 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 E City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: J. BARRY CLARK (Plea Print) Signature: �. Title: PRESIDENT (Please Print) BEFORE ME, the undersigned;duthority, 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 PE 'for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �( day of `-�cA.k)e'. ,20Z3 :• 1'R.':'4A!3 Cheryl Jerome n Notary PuWc, state ofTexas Notary Publi n d for the State of Texas a *a Comm. expires 0810 1E124 N®tary ID 616044.1 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2023 ASPHALT RESURFACING CONTRACT 3 City Project No. 104816 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: httl)s:Hcodelibrarv.amleaal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EOUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 20% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Prot6g6 participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 httDs:Hanus.fortworthtexas.2ov/Pro_jectResources/ResourcesP/60 - MW E/Business Equity Utilization 46 Form DVIN 2022 220324.Ddf 47 48 Letter of Intent 49 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 httDs:Hanus.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.Ddf 3 4 Business Equity Good Faith Effort Form 5 httDs:Happs.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.odf 8 Business Equity Prime Contractor Waiver Form 9 httr)s:HaDOs.fortworthtexas.eov/ProiectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.1)df 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Business Equity Joint Venture Form https:Ha0os.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.ndf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. END OF SECTION CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on June 27, 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, Ltd, authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2023 ASPHALT RESURFACING CONTRACT 3 CITY PROJECT NO. 104816 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 THIRTY-FIVE THOUSAND, ONE HUNDRED EIGHTEEN AND 501100 Dollars ($1,635,118.50). 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 210 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred and Fiftv AND 00/100 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: OFFICIAL RECORD 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 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised 8/22/2022 00 52 43 - 2 Agreement Page 2 of 6 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is svecificallv 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised 8/22/2022 00 52 43 - 3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. OFFICIAL RECORD CITY SECRETARY 7.7 Non -appropriation of Funds. FT. WORTH, TX 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. CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised 8/22/2022 00 52 43 - 4 Agreement Page 4 of 6 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. 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised 8/22/2022 00 52 43 - 5 Agreement Page 5 of 6 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised 8/22/2022 005243-6 Agreement Page 6 of 6 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: By: �7. lavko ark J. Barry Clrk (JYi 29, 2023 09:07 CDT) Signature J. Barry Clrk (Printed Name) President Title 5801 Park Vista Circle Address Keller, TX 796244 City/State/Zip Jun 29, 2023 Date City of Fort Worth By. William Johnson (Ju 28, 2023 10:27 CDT) William M Johnson Assistant City Manager J u 128, 2023 Date nnn FORT ��d l• d Attest: p�8 `49 ono o=; aaad nezpsg4 Jannette Goodall, City Secretary (Seal) M&C: 23-0583 Date: 06/27/2023 Form 1295 No.: 2023-1026663 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. Map^ 62,/, z ManvanHa(e:(Jun 29, 02309..43CDT) Mai -wan Hafez Professional Engineer Approved as to Form and Legality: I Mack (All 27, 202316:10 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: mil°.=_ .? Lou Pi ieur(Ju119. 202316:1'4 CDT) Lauren Prieur, Director, Transportation & Public Works Department CITY OI' FORT WORTH 2O23 ASPHAL r RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 006113-1 PERFORMANCE BOND Page 1 of 2 Bond #107836336 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY TI3ESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Peachtree Construction, Ltd., known as "Principal" herein and g 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 THIRTY-FIVE THOUSAND, ONE HUNDRED EIGL-ITEEN AND 501100 Dollars 13 ($1,635,118.50), 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, 15 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 27`" day of June, 2023, which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 19 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 20 provided for in said Contract designated as 2023 ASPHALT RESURFACING CONTRACT 3, 21 City Project No. 104816. 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 FURTI3ER, 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 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised July 1, 2011 006113-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 28th day of 6 June 2023 . 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 ATTEST: (Principal) Secretary W ti nes as to Principal Witness as to Surety Linda K Edwards PRINCIPAL: Peachtree Construction, Ltd. BY: Si )t� J. BARRY CLARK PRESIDENT Name and Title Address: 5801 Park Vista Cir. Keller, TX 76244 SURETY: Travelers Casualty and Surety Company of America Signature Teresa Ayala - Atty-in-Fact 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 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised July 1, 2011 Travelers Casualty and Surety Company of America A ► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint 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. ��ry°�uStYy /^\ A FilmRq a .!( 8 CONN n $iAt bj 4M 1f• �' State of Connecticut City of Hartford ss. By. &obRane ,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 jfUtiOTAIRY 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 28th day of June , 2023 iJlNYIF1Ml Fi ¢ HARTFOFC... OO-:'"*D- sL` GCOIW.£ V1 COHh. � Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please calf 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. 0061 14 - 1 PAYMENT BOND Page 1 of 2 Bond#107836336 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Peachtree Construction. Ltd., known as "Principal" herein, and 8 Travelers Casualty and Surety Company of America a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 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 THIRTY-FIVE THOUSAND, ONE HUNDRED, 13 EIGHTEEN AND 501100 Dollars ($1,635.118.50), 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 27t' day of June, 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 2023 ASPHALT RESURFACING CONTRACT 3, City Project No. 104816. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised July 1, 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 28th day of 3 June 12023 4 5 6 7 8 9 10 11 12 ATTEST: (PrincSecretary Witness to Principal ATTEST: (Surety) Secret Tina Payne IA 'k�_ �_ Witness as to Surety Linda K Edwards PRINCIPAL: Peachtree Construction, Ltd. BY: Sig natl J. BARRY CLARK PRESIDENT Name and Title Address: 5801 Park Vista Cir. Keller, TX 76244 SURETY: Travelers Casualty and Surety Company of America BYE Signature Teresa Ayala Atty-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 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised July 1, 2011 AW TRAVELERSJ 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. �{,y �� HANTFOfO, i �' tiXP3J.C'd IIW Como. W UU State of Connecticut City of Hartford ss. By: Robert L. Rane 2enior 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 O-F �f�Ji?rE 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 28th day of June , 2023 s� TS w4 CON O11ANOfYi, * tO1G''.G1.'t � CONK. { � yK k �KeE Hughes, 5s,-,cretary To verify the authenticity of this Power of Attorney, please cal/ us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. 0061 19 - 1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 Bond## 107836336 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Peachtree Construction. Ltd.. known as "Principal" herein and 9 Travelers Casualty and Surety Company of America , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one i l or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of ONE MILLION 13 SIX HUNDRED THIRTY-FIVE THOUSAND. ONE HUNDRED EIGHTEEN AND 50/100 14 Dollars ($1,635.118.50), lawful money of the United States, to be paid in Fort Worth, Tarrant 15 County, Texas, for payment of which sum well and truly be made unto the City and its 16 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the 27" day of June, 2023, which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order (collectively herein, the "Work") as provided for in said contract and 24 designated as 2023 ASPHALT RESURFACING CONTRACT 3, City Project No. 104816; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) years 29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised July 1, 2011 0061 19 - 2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance band; and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised July 1, 2011 006119-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 28th day of 3 June .22023 4 5 6 7 8 9 10 11 ATTEST: 12 13 14 (Principal) Secretary 15 16 17 18 19 20 Witness to Principal 21 22 23 24 25 26 27 28 29 ATTEST: 30 31U� 32 (S etecret y T' Payne 34 34 jjj 35 n .ss as to Surety Linda K Edwards 36 PRINCIPAL: Peachtree Construction, Ltd. BY: I . 1 , —, lam_ ---`Sgnature _ J. BARRY CLARK PRESIDENT Name and Title Address: 5801 Park Vista Cir. Keller, TX 76116 SURETY: Travelers Casualty and Surety Company_ _ of America BYr ' f __ Signature t Teresa Ayala Atty-in-Fact Name and Title Address: 2900 Marquita Dr. Fort Worth, TX 76116 Telephone Number: 817-737-4943 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH 2O23 ASPHALT RESURFACING CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104816 Revised July 1, 2011 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint 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 s4N�yp A HARTFORD, " CG�CNdt cow. CONN o $tK U State of Connecticut City of Hartford ss. By: Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2026 }��,Vav"o4gy•� htuorrnr��, AAn .yq.s ` ""�`�c a 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 28th day of June , 2023 �uA�,h �,t`�♦�gCa Foil ,� U a�au(�ro� NORDa�o C71T/J�i "�a F �Kevi� Hughes, Ass�retary To verify the authenticity of this Power of Attorney, please call us at 1-800-411-3880. 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: httr)://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�ORTWORTH� Routing and Transmittal Slip Transportation & Public Works_ Department DOCUMENT TITLE:2023 Asahalt Resurfacina. Contract 3 M&C: 23-0583 CPN: 104816 CSO: 59862 DOC#: Date: 07/12/23 To: Name 1. Donnette Murphy 2. Patricia Wadsack 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 Date Out Risk -Approver 07/14/23 TPW-Approver- 07/19/23 TPW-Signer 07/19/23 Legal -Approver Jul 25, 2023 Legal -Signer d b Jul 27, 2023 ACM -Signer W, Jul 28, 2023 CSCO-Approver RPM Jul 28, 2023 CSCO-Signer , SG Jul 31, 2023 CSCO-Form Filler -T4L- Aug 1, 2023 TPW CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO 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 RUSK: DYES ®No SAME DAY: DYES []No NEXT DAY: DYES ❑No ROUTING TO CSO: ®YES ❑No Action Required ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to the General Conditions & specificaitons https://docs. b360.a utodesk.co m/shares/99a bO489-cO6c-4ddO-ad b2-1 b47el53874a 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: 2023 Asphalt Resurfacina. Contract 3 M&C: CPN: 104816 CSO: Date: 06/26/23 To: Name 1. J Barry Clark/Peachtree Construct 2. Proj Mgr: Marwan Hafez 3. Michelle Hadley -McGhee 4. 5. 6. 7 8 9 10. Department Initials Vendor -Signer TPW-Signer TPW-Review , . DOC#: Date Out 06/29/23 06/29/23 07/07/23 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 Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts a,fort`vorthtexas.eov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! Bond Verification From: Carmichael. Robbie To: Hadlev-McGhee. Michelle Subject: RE: [External] PLEASE REPLY — BOND VERIFICATION [CPN# 104816 — 2023 Asphalt Resurfacing Contract 3] Date: Friday, July 7, 2023 10:26:47 AM Attachments: imaae001.Dno 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. Morning, Both bonds are valid as are the amounts. Robbie CarmichaeC, RIBA Account Executive TRAVELERS — Bond and Specialty Insurance 9601 McAllister Freeway, Suite 700 San Antonio, TX 78216 1-210-525-3960 (Direct Line) 1-210-452-6489 Cell From: BSI Claim Support <BSICS@travelers.com> Sent: Friday, July 7, 2023 8:05 AM To: Carmichael, Robbie <RCARMICH@travelers.com> Subject: FW: [External] PLEASE REPLY — BOND VERIFICATION [CPN# 104816 — 2023 Asphalt Resurfacing Contract 3] Bond Verification - Bond# 107836336 Attached please find a request that was received in our Claim Intake System that relates to an Underwriting question. BSI Claim Support From: Hadley -McGhee, Michelle <Michelle.Hadlev-McGhee(@fortworthtexassgov> Sent: Thursday, July 6, 2023 3:03 PM To: BSIClaimsna Travelers.com Subject: [External] PLEASE REPLY— BOND VERIFICATION [CPN# 104816-2023 Asphalt Resurfacing Contract 3] CAUTION: This email came from outside of the company. Please exercise caution when opening attachments, clicking links or responding to this email. The original sender of this email is Michelle.Hadlev- McGheenfortworthtexas M. 07/06/2023 Good afternoon. The City of Fort Worth is in receipt of the following referenced bond(s) — BOND #107836336, in the amount of $1,635,118.50 (One Million Six Hundred Thirty - Five Thousand, One Hundred Eighteen and 50/100 Dollars), from Peachtree Construction, Ltd, for City Project# 104816 — 2023 Asphalt Resurfacing Contract 3). Please provide confirmation that both the bond(s) and dollar amount(s) are valid. Your prompt attention to this matter is greatly appreciated! If there are additional questions or concerns, please do not hesitate to contact me at, michelle. had lev-mcahee(a)fortworthtexas.aov, or by phone, 817-392-7233. Should this request have reached you in error, or needs to be directed elsewhere, please be so kind to provide the name of the contact, with both an email address & phone number of the person or department being referenced. It is appreciated. ,,fookiag fvtwazd,5 00�opteciative, C&&Aelle 0#aadleyecJ?Aee Contract Compliance Specialist City of Fort Worth Transportation & Public Works (TPW) 200 Texas Street, Fort Worth, TX 76102 Direct: 817-392-7233 Michelle.Hadlev-McGheeefortworthtexas.aov City of Fort Worth — Working together to build a strong community. SORT WORTH, This message (including any attachments) may contain confidential, proprietary, privileged and/or private information. The information is intended to be for the use of the individual or entity designated above. If you are not the intended recipient of this message, please notify the sender immediately, and delete the message and any attachments. Any disclosure, reproduction, distribution or other use of this message or any attachments by an individual or entity other than the intended recipient is prohibited.