The URL can be used to link to this page

Home My WebLink AboutContract 60206FORTWORTH. ""Do'" CSC No. 60206 CONTRACT FOR THE CONSTRUCTION OF 2023 ROSEMONT AREA SURFACE OVERLAY CONTRACT City Project No.104897 Mattie Parker Mayor David Cooke City Manager Lauren Prieur Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX P s OF•r��1� i* S • 1.1 i F�1AD I. NUSRALLAH 2023 �.................... 88823 d � i �'tii �� .a d_� FORT WORTH, q4* City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0011 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 11 Bidders Prequalifications 08/13/2011 0045 12 Prequalification Statement 09/30/2021 013 ArrlieeAi 0843,12021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 08/22/2022 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 3120 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 32 33 Preconstruction Video 07/01/2011 013300 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 32 - Exterior Improvements 32 1123 Flexible Base Courses 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps Division 34 - Transportation 3471 13 1 Traffic Control Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httv://fortworthtexas.sov/ti)w/contractors/ or httvs:HavDs.fortworthtexas.gov/Proi ectResources/ Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 15 Paving Removal Division 03 - Concrete 03 30 00 1 Cast -In -Place Concrete Division 31- Earthwork 3123 16 1 Unclassified Excavation Division 32 - Exterior Improvements 32 12 16 Asphalt Paving 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 1725 Curb Address Painting 3292 13 Sodding Division 33 - Utilities 3305 13 Frame, Cover and Grade Rings 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 34 41 30 1 Aluminum Signs Last Revised 03/11/2022 02/02/2016 1 03/11/2022 1 1 01 /28/2013 1 12/20/2012 06/10/2022 12/09/2022 12/09/2022 06/10/2022 11 /04/2013 05/13/2021 09/09/2022 1 03/11/2022 03/11/2022 07/01 /2011 1 11/12/2013 1 CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Appendix Page 3 of 4 GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GN-1.00 General Notes SD-1.00 Standard Construction Details SL-1.00 Street List SM-1.00 Streets Map END OF SECTION CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised December 9, 2022 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/12/23 M&C FILE NUMBER: M&C 23-0755 LOG NAME: 202023 ROSEMONT AREA SURFACE OVERLAY CONTRACT SUBJECT (CD 11) Authorize Execution of a Contract with Peachtree Construction, Ltd., in the Amount of $757,750.00 for the Rehabilitation of Streets in the Rosemont Area RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Peachtree Construction, Ltd., in the amount of $757,750.00 for the 2023 Rosemont Area Surface Overlay project (City Project No. 104897). DISCUSSION: In the Fiscal Year 2023 Pay -Go Contract Street Maintenance Program, various types of street maintenance are grouped into specific contract packages. The recommended construction contract outlined in this Mayor and Council Communication (M&C) will provide street rehabilitation for the street sections below under the 2023 Rosemont Area Surface Overlay project (City Project No. 104897): Street From To CD IS Henderson W Dickson St W Mason St Ill (Travis Ave W Drew W Mason Ill Travis Ave IW Malta IFlint St Ill Construction for this project is expected to start in Fall of 2023 and to be completed by Summer 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 June 1, 2023, and June 8, 2023, in the Fort Worth Star -Telegram. On June 29, 2023, the following bids were received: I Bidders I Amount IPeactree Construction, Ltd. I $757,750.00 (Texas Bit I $759,207.80 [Advanced Paving Co. I $807,960.00 Funding is budgeted in the TPW Dept Highway & Streets Department's General Capital Projects Fund for the purpose of funding the 2023 Rosemont Area Surface Overlay project, as appropriated. M/WBE OFFICE— PEACHTREE CONSTRUCTION, LTD. is in compliance with the City's Business Equity Ordinance by committing to 21% MWBE participation on this project. The City's MBE goal on this project is 20%. This project is located in COUNCIL DISTRICT 11. 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 2023 Rosemont Area Surface Ove project to support 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 0011 13 INVITATION TO BIDDERS Page 1 of 2 f3 0140 Y [17011hi119[cl INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of 2023 Rosemont Area Surface Overlay Contract, City Project No. 104897 will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, JUNE 29, 2023 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: 9100 SY 2" Asphalt Pavement, Type D 9100 SY 2" Surface Milling 3500 SF 4" Concrete Sidewalk 1400 SF 6" Concrete Driveway 15 EA Remove and replace Barrier Free Ramps PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for qualification and pre -qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at httD://www.fortworthtexas.aov/DurchasinL/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104897 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 2 of 2 PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: Wednesday, June 14, 2023 TIME: 10:00 A.M. Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from bonds, grants, etc., and reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Iretomiwa Otuyelu, City of Fort Worth Email: iretomiwa.otuvelu(a,fortworthtexas.Rov Phone: 817-392-6747 ADVERTISEMENT DATES June 1, 2023. June 8, 2023 END OF SECTION CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104897 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 9 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: htti)s:Happs.fortworthtexas.2ov/Proi ectResources/ 3.1.1. Paving — Requirements document located at: CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104897 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 httDs:Happs.fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2OPavin2 %20Contractor%2OPrecivalification%2OProaram/PREOUALIFICATION%20REO UIREMENTS%20FOR%20PAVING%2000NTRACTORS.i)df 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. OMITTED CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104897 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104897 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104897 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Iretomiwa Otuyelu, TPW Email: iretomiwa.otuvelu(c_ fortworthtexas.2ov Phone: 817-392-6747 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration system at httDs://docs.b360.autodesk.com/shares/7fb9bbd9-7eee- 493e-a5lc-7b852ddf8e9a 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104897 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: httDs:Hcodelibrarv.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104897 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104897 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104897 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at htti)s://www.ethics.state.tx.us/data/forms/1295/1295.i)df 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104897 Revised/Updated November 2, 2021 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) https://www.ethics.state.tx. us/data/forms/conflict/CIS.Ddf ❑ CIQ Form does not apply FA CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply O CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Peachtree Construction, Ltd 5801 Park Vista Circle Fort Worth, TX 76244 N END OF SECTION By: J. Barry1 Cl rk Signature: J ,� Title: President CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 2023 Rosemont Area Surface Overlay Contract City Project No. 104897 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 Rosemont Area Surface Overlay Contract City Project No.: 104897 Units/Sections: 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 Rosemont Area Surface Overlay Contract Revised 9/30/2021 City Project No. 104897 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Asphalt Paving Heavy Maintenance (UNDER $1,000,000) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 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 Rosemont Area Surface Overlay Contract Revised 9/30/2021 City Project No. 104897 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. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid <use this if applicable, otherwise delete $0.00 Alternate Bid <use this if applicable, otherwise delete> $0.00 Deductive Alternate<use this if applicable, otherwise $0.00 Additive Alternate <use this if applicable, otherwise $0.00 Total Bid $757,750.00 7. Bid Submittal This Bid is submitted on 6/29/2023 by the entity named below. Respectfully submitt Receipt is acknowledged of the Initial following Addenda: By, �, ) �r Addendum No. 1: (Signature) Addendum No. 2:/� JAddendum No. 3: /A J. Barry Clark JAddendum No. 4: (Printed Name) Title: President Company: Peachtree Construction, Ltd. Corporate Seal: Address: 5801 Park Vista Circle Fort Worth, TX 76244 State of Incorporation: Texas Email: jbclark@peachtreecon.com Phone: 817-741-4658 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Rosemont Area Surface Overlay Contract Revised 9/30/2021 City Project No. 104897 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 1 - II Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity 1 10135.0201 REMOBILIZATION 017000 EA 1 $1,000.00 $1.000.00 2 10241.1300 REMOVE CONC CURB&GUTTER 1 0241 15 LF 7001 $14.50 $10,150.00 3 13216.0102 7" CONC CURB AND GUTTER 1 32 1613 LF 4,5001 $56.75 $255,375.00 4 10241.0401 REMOVE CONCRETE DRIVE 0241 13 SF 1,0001 $8.00 $8.000.00 5 13213,0401 6" CONCRETE DRIVEWAY 1 32 1320 SF 1,400 $18.00 $26,200.00 6 0241.0100 REMOVE SIDEWALK 1 0241 13 SF 900 $7.00 $6,300.00 7 13213.0301 4" CONC SIDEWALK 32 1320 SF 1 3,500 $12.75 $44,625.00 8 10241.1400 REMOVE CONIC VALLEY GUTTER 1 0241 14 SY 1 100 $50.00 $5,000.00 9 13216.0301 7" CONC VALLEY GUTTER 32 16 13 1 SY 1 100 $155.00 $15,500.00 10 j0241.0300REMOVEADARAMP 1 024113 1 EA 1 l5 $1,300.00 $19,500.00 11 13213.0501 BARRIER FREE RAMP, TYPE R-I 1 32 13 20 1 EA 1 4 $3,300.00 $13,200.00 12 13213.0506 BARRIER FREE RAMP, TYPE P-1 32 1320 1 EA 1 12 $3,000.00 $36,000.00 13 13212.0600 ASPHALT PAVEMENT LEVEL -UP 1 32 16 16 1 TN I 501 $115.00 $5,750.00 1 14 13124.0101 ASPHALT PAVEMENT BASE REPAIR 1 3201 17 1 CY 1 451 $585.00 $26,325.00 1 15 10241.1506 2" SURFACE MILLING 1 0241 15 1 SY 1 9.1001 $3.50 $31,850.00 1 16 13212.0302 2* ASPHALT PAVEMENT, TYPED 32 1616 1 SY 1 9.1001 $18.50 $168,350.00 1 17 13110.0102 24-INCH AND LARGER, TREE REMOVALI 31 1000 1 EA 1 21 $2,700.00 $5,400.00 1 18 13110.0102 6"-12" TREE REMOVAL 31 1000 EA 1 21 $2.000.00 $4,000.00 1 19 13123.0101 UNCLASSIFIED EXCAVATION 322316 CY 1 501 $118.00 $5,900.00 1 20 13292,0100 BLOCK SOD REPLACEMENT 329213 SY 1 3001 $26.25 $7,875.00 1 21 13217.5001 CURB ADRESS PAINTING 32 1725 EA 1 201 $85.00 $1,700.00 1 22 13291.0100 TOPSOIL 3291 19 CY 1 501 $185.00 $9,250.00 1 23 13211.0122 FLEX BASE, TYPE A, GR-2 321123 CY 1 1001 $110.00 $11,000.00 1 24 13305.0109 MISCELLANEOUS ADJUSTMENT (UTILITIES) 00 05 08 LS 1 11 $10,000.00 $10,000.00 25 9999.0000 SITE CLEARING I9999.0096 SY 1 1501 $70.00 $10,500.00 26 PAVING CONSTRUCTION ALLOWANCE LS 1 11 $20,000.00 $20,000.00 27 1 1 1 Sub -Total Unit 1 - AltemateA - A1 A2 A4 I Sub -Total Alternative A Alt emate B - B1 B2 *Total I = Sub -Total Unit 1 + Sub -Total Altemativek $ *Total 2 = Sub -Total Unit 1 + Sub -Total Altemat iveB: $ *Note: The City Reserves the right to select either Total I or Total 2. Sub -Total Alternative Bi W 4243 BID PROPOSAL P,,pl d 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Rottmonl A- Sudece Oredny Cmwxt R-i.d 9/30/2021 City Project No 104997 UNIT PRICE BID Unit I - Bidlist Item No. SECTION 00 42 43 PROPOSALFORM Project Item Information Description Bidder's Application Bidder's Proposal Specification Unit of Bid Section No. Measure Quantity Unit Price Bid Value Bid Summary Base Bid Total Base Bid Alternate Bid T ..... Deductive Alternate Bid Additive Alternate Bid l Total Bid] $767,760.001 END OF SECTION OU 42 43 BID PROPOSAL P,,gc 2 of 2 CITY OF FORT WORTH STANDARD CONS] RUCTION SPECIFICATION DOCUMEN IS 2023 R-1-t Area Surface O—by C..1-1 R—wd 9/30/2021 City N j.1 N. 194897 BID BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 KNOWN ALL BY THESE PRESENTS, That we, Peachtree Construction. Ltd. as Principal, and Travelers Casualty and Surety Comnauv of America , as Surety, are held and firmly bound unto Cite pf FQrt Warth , as Obligee, in the sum of Five (5%) Percent of the Greatest Amount Bid Dollars ( 5% ) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for 2023 Rosemont Area Surface Overlay Contract #104897 ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 29th day of June T 2023 Peachtree Construction, Ltd. By: R(Principal) -- (2 Travelers Casualty and Surety Company of America Bye: Teresa Ayala , Attorney -in -Fact 2023 Roamom Area Su,f— Overlay Comma Cay NP j- N. 104897 Travelers Casualty and Surety Company of America /lllllb► 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. ti 9N � �+FA � W nr+RrfoRo, � t+JOGUK S State of Connecticut City of Hartford ss. l 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 7 N0.49 flO1hRY Anna P. Nowik, Notary Public c °.Fow„ This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 29th day of June , 2023 � NVyy�ry� r Jr�tr avps �,�jl+aEq c �9y 3 ivarFORD, a UAL cat♦. / 2 corn. S yu W � Kevin E. Hughes, Ass! tant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law, A copy of the statute is attached. Nonresident bidders in the State of 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. F/1 BIDDER: Peachtree Construction, Ltd. 5801 Park Vista Circle Fort Worth, TX 76244 END OF SECTION By: J. Barry Clark 1, C- (Signature) Title: President Date: 6/29/2023 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 2023 Rosemont Area Surface Overlay Contract City Project No. 104897 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 004511-1 BIDDERS PREQUALIFICATIONS Pagel of 3 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 31st 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/taxDermit/ 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 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised August 13, 2021 0045 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility 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 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised August 13, 2021 0045 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 IMAM 1XQ OM 0101 IMIXI CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised August 13, 2021 00 45 12 PREQUALIFICATION STATEMENT Page 15 of 15 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 (UNDER $1,000,000) Contractor/Subcontractor Company Name Prequalification Expiration Date Peachtree Construction, Ltd. 10/1/2024 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Peachtree Construction, Ltd. 5801 Park Vista Circle 0 Fort Worth, TX 76244 END OF SECTION By: J. B Clark /1 1 , 1,----- (Signature) Title: President Date: (0f291 v3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/30/2021 2023 Rosemont Area Surface Overlay Contract City Project No. 104897 004526- 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 104897. Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 10 PEACHTREE CONSTRUCTION,LTO. 11 By: J. BARRY CLARK 12 Company (P se Print) 13 1 14 5801 PARK VISTA CIR. Signature: 15 Address 16 17 KELLER, TX 76244 Title: PRESIDENT 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME, the undersigned authority, on this day personally appeared 26 J. BARRY CLARK * , known to me to be the person whose name is 27 subscribed to the forPg . g in t -u ent and acknQ ON,� to me that he/she executed the same as 28 the act and deed of ECM for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIV N UNDER MY HAND AND SEAL OF OFFICE this 10 day of 32 , 2016 33 34 35 36 Notary P lc in and for the State of Texas 37 38 END OF SECTION Janet Lynn Reiter My Commission Expires + + 8/28/2027 Notary ID130350671 39 . , = CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised July 1, 2011 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). 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: httDs:Hcodelibrarv_ .amleLal.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 REOUIRED 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 Protege participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 h=s://apes.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/Business Equity Utilization 46 Form DVIN 2022 220324.i)df 47 48 Letter of Intent CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised October 27, 2021 00 45 40 - 2 Business Equity Goal Page 2 of 2 1 httDs://anus.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.ndf 4 Business Equity Good Faith Effort Form 5 httns:Hanus.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.ndf 7 8 Business Equity Prime Contractor Waiver Form 9 httns://anus.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.ndf 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 httns:Hanus.fortworthtexas.e_ov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.1)df 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. IMIZIMIXON11130 CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 09/ 12/2023 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 ROSEMONT AREA SURFACE OVERLAY CONTRACT City Proiect No. 104897 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 SEVEN HUNDRED FIFTY-SEVEN THOUSAND, SEVEN HUNDRED FIFTY AND 00/100 Dollars ($757,750.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME OFFICIAL RECORD CITY SECRETARY 4.1 Final Acceptance. FT. WORTH, TX The Work shall be complete for Final Acceptance within 180 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred Fifty and 00/100 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised 8/22/2022 00 52 43 - 2 Agreement Page 2 of 6 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), or equivalent insurance certificate d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to overate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 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 citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. 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 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 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. CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised 8/22/2022 005243-5 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. CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 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: � `%� Jry Cla k{5 14,202DT) Signature I Barry Clark (Printed Name) President Title 5801 Park Vista Circle Address Fort Worth, TX 76244 City/State/Zip Sep 14, 2023 Date City of Fort 1Worth William Johnson (0 3, 202311:41 CDT) William Johnson Assistant City Manager Oct 3, 2023 Date an➢� po;� pont�°a v'AaA N,%1d Attest: o, ad4nn�6g44q' Jannette Goodall, City Secretary (Seal) M&C: 23-0755 Date: 09/12/2023 Form 1295 No.: 2023-1041231 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. ril Iretomiwa Otuyelu Project Manager Approved as to Form and Legality: I DpIack (Oct 2, 202316:24 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMN ENDED: 12— Lauren Prieur (Oct 2, 2023 10:40 CDT) Lauren Prieur, Director, Transportation & Public Works Department CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 0061 13 - 1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND Bond No.107836346 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Peachtree Construction Ltd. , known as 8 "Principal" herein and Travelers Casualtv and Suretv Company of America , a corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 12 SUM Of, SEVEN HUNDRED FIFTY-SEVEN THOUSAND. SEVEN HUNDRED FIFTY AND 00/1o0 Dollars 13 ($ 757,750,00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 12TH day of SEPTEMBER , 20 23 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as 2023 ROSEMONT AREA SURFACE 22 OVERLAY CONTRACT, City Project No. 104897 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised July 1, 2011 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 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 12th day of September , 2p 23 . ATTEST: (Principal) Secretary Witne as to Principal (A nr n _ Witness as to Surety Linda K Edwards PRINCIPAL: Peachtree Construction, LTD BY: ll R �Signature� J. BARRY CLAR!t, PRESIDENT Name and Title Address: 5801 Park Vista Cir. Keller, TX 76244 SURETY: Travelers casualty and Suretv Companv of America BY, _jA //7/_ '� Zq��,_ZA_ Signature 6Y 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 2023 Rosemont Area Surface Overlay Contract City Project No. 104897 0061 14 - 1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND Bond No. 107836346 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, PEACHTREE CONSTRUCTION LTD. , known as 8 "Principal' herein, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 12 in the penal SUM of SEVEN HUNDRED FIFTY-SEVEN THOUSAND. SEVEN HUNDRED FIFTY AND oo/10o Dollars 13 ($ 757,750.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 12TH day of SEPTEMBER , 20 23 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as 2023 ROSEMONT AREA SURFACE OVERLAY CONTRACT, 22 City Project No. 104897. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised July 1, 2011 0061 14-2 PAYMENT BOND Page 2 of 2 I IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 12th day of 3 September , 20 23 . 4 5 6 7 8 9 10 12 ATTEST: (Principal) Secretary ,il.�It► ATTEST: Pa*,� (Surety) Sedl'etary Tina Payne Arl\vNf 5 Witness as to Surety Linda K Edwards PRINCIPAL: Peachtree Construction, LTD BY: I� Si ture J PtPRY CLARK PRESIDENT Name and Title Address: 5801 Park Vista Cir Keller, TX 76244 SURETY: Travelers Casualty and Surety ComDaanv of America Signature U Teresa Ayala Atty-in-Fact Name and Title Address: 2900 Marauita Dr. Ft. 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 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised July 1,2011 0061 19 - 1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND Bond No. 107836346 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we PEACHTREE CONSTRUCTION LTD. known as 8 "Principal" herein and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , a corporate surety 9 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 12 in the sum of SEVEN HUNDRED FIFTY-SEVEN THOUSAND, SEVEN HUNDRED FIFT AND 00/1oo Dollars 13 ($ 757,750.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 15 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 16 and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 12TH day of SEPTEMBER . 20 23 , which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 21 materials, equipment labor and other accessories as defined by law, in the prosecution of the 22 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 23 the "Work") as provided for in said contract and designated as 2023 ROSEMONT AREA 24 SURFACE OVERLAY CONTRACT, City Project No. 104897; and 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 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, 104897 Revised July 1, 2011 006119-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF PORT WORTH 2O23 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised July 1, 2011 006119-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 12th day of September 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 2023 ATTEST: (Principal) Secretary Wit as to Principal ATTEST: Pam, (Surety) Svereta Tina ayne t ness as to Surety Linda K Edwards PRINCIPAL: Peachtree Construction, LTD BY: C_ Signature J. BARRY CI. !N P `c PRESIDENT Name and Title Address: 5801 Park Vista Cir. Keller, TX 76244 SURETY: Travelers Casualty and Surety Comnla�nv of America BY:, 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 Rosemont Area Surface Overlay Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104897 Revised July 1, 2011 AW _TRAVELERS) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Teresa Ayala of FT WORTH , Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. $ m e coNN NnCrft�rsaaan ' o iru 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 •�� pro �!loiAP1RpYy,- ,t� Ii`k z . Now, 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 12th day of September , 2023 ��'� W r nnprrora�, i� C0l� CONK. 0 4� !YY Kevin E. Hughes, Ass, tant Secretary To verify the authenticity of this power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -fact and the details of the bond to which this Power ofAttorney is attached. FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2023 Rosemont Area Surface Overlav Contract M&C: 23-0755 CPN: 104897 CSO: 60206 Date: 09/22/23 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 Risk -Approver 1. '2" TPW-Approver , TPW-Signer ILIPW Legal -Approver` Legal -Signer ACM -Signer CSCO-Approver CSCO-Signer G IC)U CSCO-Form Filler 4- TPW DOC#: Date Out 09/22/23 10/02/23 10/02/23 10/02/23 10/02/23 10/03/23 10/03/23 10/03/23 10/04/23 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: []YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Reguired:, ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to the General Conditions & Technical Specifications Return To: Please notify TPWContracts&a fortworthtezas.gqv for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you? FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2023 Rosemont Area Surface Overlav M&C: Date: 09/06/23 To: Name CPN: 104897 CSO: 1. J Barry Clark/Peachtree Constr 2. Iretomiwa Otuyelu/Proj Mgr 3. Michelle Hadley -McGhee 4. 5. 6. 7 8 9 10. Department Initials Vendor -Signer ,Bv QIV- TPW-Signer 4.5 TPW-Review w- DOC#: Date Out 09/14/23 09/18/23 09/20/23 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: [—]YES ❑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 fortwo►-thtexas.Qov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! V_ EW Bond Verification From: Carmichael. Robbie To: Woodford. Kelly 1; Hadley -McGhee, Michelle Subject: RE: [External] PLEASE REPLY - BOND VERIFICATION REQUEST [CPN #104897 - Rosemont Area Surface Overlay Contract] Date: Monday, September 18, 2023 1:33:01 PM Attachments: imaae003.Dna image004.p_ng imaae005.p_ng imaae006.Dna imaae007.g_ng imaae008.Dna image009.g_ng 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. Bond is verified! Thankyou! Xo66ie Carmichael; RIBA Account E.Vecutive 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 TRAVELERSJ 00XIM@ From: Woodford, Kelly J <KWOODFOR@travelers.com> Sent: Monday, September 18, 2023 1:28 PM To: Carmichael, Robbie <RCARMICH@travelers.com> Subject: FW: [External] PLEASE REPLY - BOND VERIFICATION REQUEST [CPN #104897 - Rosemont Area Surface Overlay Contract] 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. Had lev-McGhee(@fortworthtexas.eov> Sent: Monday, September 18, 2023 1:03 PM To: BSIClaims(@Travelers.com Subject: [External] PLEASE REPLY - BOND VERIFICATION REQUEST [CPN #104897 - Rosemont Area Surface Overlay Contract] CAUTION: This email came from outside of the company. Please exercise caution when opening attachments, clicking links or responding to this email. The original sender of this email is Michelle.Hadley- McGhee(&,fortworthtexas.gov. Good afternoon. The City of Fort Worth is in receipt of the following referenced bond(s) — BOND #107836346, in the amount of $757,750.00 (Seven Hundred Fifty -Seven Thousand Seven Hundred Fifty and 00?100 Dollars), from Peachtree Construction, Ltd., for City Project #104897 (Rosemont Area Surface Overlay). 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. ,,fookui� fozwazd 00�o�ozeciative, ezc%elle 0#ad.1Vec fAee Contract Compliance Specialist City of Fort Worth Transportation & Public Works (TPW) 200 Texas Street, Fort Worth, TX 76102 Direct: 817-392-7233 Michelle.Hadlev-McGhee(abfortworthtexas.aov City of Fort Worth — Working together to build a strong community. FORT 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.