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HomeMy WebLinkAboutContract 61071FORT WORTH... CSC No. 61071 CONTRACT FOR THE CONSTRUCTION OF 2024 ASPHALT RESURFACING CONTRACT 5 AT VARIOUS LOCATIONS City Project No. 104937 Mattie Parker David Cooke Mayor City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2023 P OF TF�1 k............................., OMAR ELAQ.AIAT o: f� n . 130040 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. "I'll City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 11 Bidders Prequalifications 08/13/2011 0045 12 Prequalification Statement 09/30/2021 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 12/08/2023 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 0061 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 10/06/2023 Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 0132 16 Construction Schedule 10/06/2023 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 0158 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 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 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 - Existing Conditions 0211 13 Seleetive Site Demolition 0241 15 Paving Remo" Division 03 - Concrete 03 30 00 Cast Naze Gener-ete 03 34 13 Geed Low/—engtl. >\a.,tefia (C SN4) 112�o G nefete Base T,R.,tefia for- Tr-eneh ne, air- 03-80 00 Medif e.,ti ns t Existing G ne,.ete Stfuet,, .es Division 26 - Electrical ')zv-05 43 Under -ground Duets .,,,,.1 R eo,. ays f R1votriuW. &-ystems Division 31 - Earthwork 3 1� 1 10 00 Site Gleafing 31 31� � 00 --mLankmomt-s 31 25 00 >; -es r ,—ad Se,li,.,e,.,t Ge,,t,.el 313600 Gabions 31�v0 Riprap Division 32 - Exterior Improvements 3201 17 neF re t 3201 18 Te,.,. pef:., , n .. !11.t 1%vi Re air 320129 G ne fete Paving Repain 32 1123 Flexible Base Courses 32 1129 Lime Tr-e.,te,l Base Courses Z7�3 Ce,.,.,ert Treated Base G,,,,,.�e� Z7�T Liquid ,i Treat e,l eC;! Ftz7s�lica 32 12 6 ADvlhzt Ilr,irg 3'�3 ADr).mlt N-,-Ong-C+aok &iaJimts 32 13 13 Gere,.ete n.,ying 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 1373 Conefete Paving joint Sealants 27�3 Co efete Gtifb an G_-u orC '1 Valley 32 1723 Pavement MaF44ngs Z7�5 G,,�drwz Pwnt1 =W 3231 13 Chain Fenees and Gates �rzv Wir-e Fenees and Gates '27�9 Wood Leaves and Gates Date Modified 12/20/2012 12/09/2021 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 Addendum No. I 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 3291 19 Topsoil Placement and Finishing of Parkways 27�3 Sedding 27�3 Trees ..n.1 Sb.,ub- Division 33 - Utilities 33 0130 Sewef and Manhole Testing 22�= 33 033 110 22�0 22�11 Closed r;,-e„it Tel&yis e (GGTV) laspeetie.� %,Ta-jJ Dumy/mg 4F7I'114ing E0wevys+eirJ joint Beading and Rleet.-;e.,l Tsel.,t;o.. CE)F-os;e.. Control Test Stations 22� 22�0 22�0 22�0 Tire,.ne.,;,,,v. Anode Ca4 edict Pfeteetio,. S yste,.... Te,Y....e,-afy Wa4e,- Se,-, ees ,- MaiCJlJ'�`71IY� anPtZiI�O � T O7i14Yj of Wete Cleaning of Sewer- Mains 3305 0 22� i Utilit-Y On DIOa:'-a�n, Embedment, andBaekf,'ll \Il e ..tef T; Lowering 22�3 3305 13.01 1 ,.,.me Cove,. and Grade Rings Cast T,.e.. Fr-ame, r'o.;,�- wid Grade Rings Composite 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 440 22�T Grade Co efete Water- Vaults Ce..e,.ete r.,11..,-- 22�0 22� 330522 22�3 Auger- Ber-ing Ttin el Liner- e,- Plate Steel "ClL1Yg, Pit.., LT.,n.1 Tunneling 33 0524 22�o 22� i (`.,sing e.- T,,.-ni- \' 11.i x-,Nafe Utility Nla-ke,-s/T oe.,te,-s T ee..tion of D.Eisfi g U44 tie., 22 1105 2 2�0 2,13 11 11 Delta Nttom and ('baskets, D eti l e T.-e.. Pipe D eti l e T.-e.. 1-44i gs 22�z Polyvinyl Ch e.-;.le -RVQj Nv3oun P1p0 3- 11 12 Eonefetc PrDa-sureP;„e, Baf WftVpea, Steel Cylin of Tare 22 11 11 D,,,«e.l Steel Pipe .,n,1 Fittings 22�0 22�T Wan t L1 eto 2 ;1. e� %lven L. Large \lll.,te,- Meters Sea4e,l VaWe 33 1220 22� 22 12 'lG Resilient Ga4e A AIlA1C7A D„bbef Sea4e,l D„tte,-f1Y Males Conneetion to &'.,frog Ax a4e,- Mains 22�0 22�0 Eo'i'g1'%.nafta A;.- Valve . .Qa for- Potable Wa+ef Syste.�.� 33 4250 22�0 Fire Watcr Purple ctafiens Standafd Blow off Valve Assembly 2 21 17 .i ., � D D' (CIPD\ Garo d ils � lro � 3- 21 1 2 Fit ef&,iz lc�nf ,.ee,l Pipe for- Gr-a ,i Ea,nitar,• s 15 High Density Polyethylene (14DPE) Pipe fay Eani�arj3ewi 03/11/2022 03/11/2022 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 DE4yy;..1 ClosedChloride (PVC) CloseD -eFile G_.ay t y Sa-a tai= , Sewe, �} .,�e 44 112 �' ewer PliG li&/&rg 22�3 Sanitafy Sey. ar Piro Emit 33 31 50 canitL. Sewer- Sefy ee Gemeetions an r Sefy ee Line 33 31 70 E .(�'".4Vr�%v,,., n;.- Valve for- c.,,. ita Sewer- Fer-ee Mains 2Z�0 C'aV. in Plaze Cane -ete Manholes 333920 Pree st Generete Manholes 333930 Fiber -glass Manholes 33 39 40 Wastewater- Aeeess Chamber- (WAG) ZZ�O Epoxy Liner- F/.U�tar; cewe, t et,,, 2Z�0 neinf fye,l G re-ete S o:vm Eo-ve, n:reiG„� ✓� 11 11 High Density Polyethylene (14DP J) Dire For G(ro Dicl r. -P- 11 12 Deinf feel Polyethylene �Mi E) Piro 3�-41- 13• Polypr-opDC--a-f9-St or a %min 33 4600 SubdFainage 33--46--01 Slette.l Storm. Dic�m 3�46 02 T-r-en0h Dm,. RC 33 49 10 Cast i U1..ee T,Raahol.orr.Aid kination Boxes 33 4920 wand DoY lnrts 23 4940 So-= D-.ui mge He.,,a..,.,lls and W:,,..w lls Division 34 - Transportation 3^�0 Tr.,ff.e Signals 34 ^� 4 1 10.011 Attaehmen^—Ceptreller Cabine 24 41 10.02 n � 1,,,.,entB Ce" trel er Sp � emixcrr n n eeifieatierl 34 n�03 iittaclnent G Software Spee:f:e tion 211 11 11 Totr"* orgy x-,- T, ff:, c: ga l s 34 41 13 Removing T-r-affie Signals 31111 IS ReetangulaF R*A Flashing Be.,ee.. 34 41 16 PedoOt6aY HybrldSignal 34 4120 Read-w Illmiinatron yes 24 ^�02 Frree 24 4120.03 Resit-t-Axti-a ILD Raadw T7ar.�,' .FaS 3 ^moo Alurninurn f'/.girs 3471 13 Traffic Control 03/22/2021 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httu:Hfortworthtexas.Lov/tvw/contractors/ or httns:Hapns.fortworthtexas.Lyov/Proi ectResources/ Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 15 Paving Removal Last Revised 03/11/2022 11 i-2 02/02/2016 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 2024 ASPHALT RESURFACING CONTRACT 5 City Project No. 104937 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 8 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03/11/2022 03 34 13 Gentfelled row Stfengt >` me,-ia (C SA 4 1/ �� ^�,z 03-34 �16 CAiiC-iet: llG/K '-\rLravraviz 039000 >\i odif ea4 ens to Existing Gonereto uwuoVaY-as 12/7zzr20//2012 Division 26 - Electrical 260533 R ee,. ays aad Boxes for- Rleet..;e.,l Systems 12/r�-20,L2 z 2605 43 U de-g-oun Due "nd Raep.. ays for- Eleet,-;e.,l Syste , 0 7/01,L2011 Division 31- Earthwork 31 0000 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 3123233 Beffe n 1 /�, 28QW3 31�0 Embankments 011 /28/ viz 31 25 00 Erosion and Sediment Control 04/29/2021 313600 dons 12/�'10- 3 1�r37 00 Ri 1 /'fzzr2 Wi0 i 2 Division 32 - Exterior Improvements 3201 18 32 0 i 29 32 W 23 ki%�t, a:,;,-.� Gon e -ete D...,ing D e,..ai Flexible Base Gewses 12/'fzzr2042 z 1 7 /7rz�-20QW 2 12/zzr20/201" '27�9 37�3 32 1137 Lime T,-ea4ed Base Ge,,, s Cement T -e4ed Base Ce Liquid Tfea4e,l Sail Deabilizeaf 12/1rz�-avizviz 06/10,L2022 08/2iQW5 32 12 16 Asphalt Paving 12/20/2012 32 1273 Z7�3 Asphalt Paving Crack Sealants e..ete n.,.,;, 12/20/2012 3')�o 37� Co g G re-ete Sidle.. r l n,, ili/�n�� �LZ, �.'I.'�"'^"" ., �r PY�,-,O I�ai�nrlG G,.n e -ete Paving joint Sealants 06/10,L2022 12/09 �z 12/7Tz�-2W201z 32 11.4 16 32 1613 Briek Unit Pa-y ng Concrete Curb and Gutters and Valley Gutters 12/�r20r viz 12/09/2022 32 1723 Pavement Markings 06/10/2022 32 1725 3231 13 37�0 Curb Address Painting Chai,., tienees and Gates >;enees Ga4es 11/04/2013 12/7�r2W20iz '27�9 3232 13 Wife and Wood Fe,-,ees a- d Gates Cast :n Nooe Cone-ete Retaining Walls D 12/20/2012- 12/1rz�-avizviz 06/novro5izoia 3291 i 3292 13 e.,d,. ay Right o4' .,.ay and Finishingof Sodding 034�z 9022 05/13/2021 27�4 Non 1`WGli 05/1�21 3292 15 Native- -2,1 W;ldfl ... e f Seed;„,. 1 n/nry 06,L2 � 3293 43 T-Fee"nd 1'"rL,zv 20i2 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 8 Division 33 - Utilities Manhole Testing nn/n 3301 30 22�r Sewef: and Closed Cif:e„;t Teleyisio,-, (CCT-x7) Inspeai'm 9,ani1arj of a 03/i�z �--�� Closed Cite„;t Television (CCTV) h� spee ���: �%��7. D��n 12/089023 rLrvrnzvz� 33 03 10 B3pas3 Awy*i ig of&dsting Sewer- Syste 12/�12 33 04 10 33 04 33 04 joint Banding and �.E Iratfical ho.Vt' � Co ffesio Co tfol Test Stations Magnesium Anode r, d,edie n-eteetier Syste,.. Temper-,,..., 12/20/2012 11 /' z 12/2z 33 04-30 33 04 400 33 04 50 3305 10 Z Z�lz Water- Seryic Cleaning and n eeepta ee Testing of Wto- Mains Cleaning of Pipes Utility Trench Excavation, Embedment, and Backfill I 07/non 02/03 03 /i�z 04/02/2021 12 /�1". 3305 13 W to - Line e E)we+:ing Frame, Cover and Grade Rings 09/09/2022 3305 4 Adjusting MCJIJo, Irll�tc, Valve tows an Other Structures to n� /1o�rrinvzz 3305 16 CTfade Concrete Water Vaults 12/20/2012 3305 17 2'2�0 Concrete Collars erg .el Dl.,te 03/11/2022 12/20QO12 330521 21 22�z 22�3 22� 330526 26 330530 30 T-tw Liner- Steel (`.,sing Npe- ���„�.1 T il[t'tY.A � II:N'i�'�%'ig instellafien „F/''af-;e,- Pipe i Casing or Tunnel Liner r Plate U44 ty Tlafke,-s/T ee.,te,-s I eea4 en Existing T It;l; 12/20/2012 12/20,9012 12/20n 2012 rLrtvravzz 12/0i 17/7 z 171 /7 z T✓-� r-v� 33 1105 05 33�g ?� 11 11 of Belt Nuts, era Gaskets , , D eti1e ke,,. Pipe Duotila Iran Fittings 12/20Nn17 r�ravrzozz 12/0z nn/T ?� 11 I 33 111 13 Pelyviayl G lefide �,> Rr00our Pipe PressurePipe, Bar nn/n� �022 12/''��2 1 1 1 � Cenerete Wrapped, SteelGylindeiType Bur;e.l Steel Pipe .,,-..1 Fittings 12/"fez 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 ?% 12 11 2Z�o I afge Wa4ef Metefs Desilie..tSemed Ga4eV 1w 11 /�12 05/05 Z ZIT 33 12 25 Tszzz� n xx W n Rubber Seated Butter -fly V Ce..,..eetie,., t E V.,te,->\R.,in cvmicccrorrc� JI.17%J.:�; `� nn /23 90119 02/n6/2n1� oz�-vvrtvz� 33 1230 EorlliUGll Air- Valve Assemblies l.l;es for Potable Water Systems E; 12/20QOQ n 1 /n 33 1240 33 1250 ZZ�o 33 31 2 y re Water Lam' ..'J &4ioas St.,,.daf:,lBlow off Valve Assembly Giffe,l i Dleee Pipe (CIUD\ T 12/rcr20/2012 06/19,9013 12/'fez 33 31 3 22� 2Z�o Fiber -glass Rein f ,-ee.a Pipe for- f7'_]fa-yit-y Sanitary Se..,e,-� i� igh Density Uelyethyle, e (HDl E) Pij .a for- San tinny Sewer ne1.,. lef:i e Se_.. 12/7 z nn /�9 nn/n� n�z �� 21 71 inyl C (PVC) Gravity Sanitary 12ivv Uel.,.,iny Chloride (nvr) Closed Pr-ef;le Gr-a-yi £y3it�` � � 17/�n/�n1� 7TJTLT Pipe 1ZTLC)]'Lp1Z 33 31 77 �z 5anitafy Se.., Slid �rrlit�I g � 12/20/2012 ZZ�3 ZZ�o Sa-a tat=y Sewz-. Pam/ Enlargement Sanitary Sewer- Sen ee Can eetions Se-y ee I ; e 11 /��2 nn/�13 22� an Eo`i"llri��'lti ,•r i- VaPve for- Sanitary Sewer Foree TiT 12/'f��2 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 Addendum No. I 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 8 33 39 io East in Pl000 go ..ete Manholes 1 ��Q 33 3930 12 20,L2012 �v rt2vrzvzz 2Z�o Wastewater- n eves Cha-., be,. (3A n r;4 333960 CL unitar,' �z 33 41 10 U ei fee-ee,l r �e,.ete Stef.v, Sewer- Pipe Gt&yeFts 07i01 O 1 �c �n '2Z�= High Density Delyethylene ( 7 nr 12/20Qn12 ��� �1 ��.. to1R� �Y��'4 rrravraozz 3,32 11 12 Reif fef:ee,l Polyethylene E) -Nre 1111 i1 5 33 46 00 Subdrainage 12/20/2012 33 4602 TreaO. �%�L�Y,; n�1 iz01ozL21 1" m-roinrT 33 4�9 10 ✓a�z. in P aze Manholes and 3unotion Boxes 12�'fzzr2042012 33 4920 Cti, ,-ad rfop hlets n3/1�2 33 4940 Storm Dm:iage44ead-wallr. and Wiftgwa4s n�in�n Division 34 - Transportation 34 41 10 Tfaffie SigaaIs 03/1�2 3n n�nc.11 Attaehmeat A GofA eller Cabinet 12/18,Q015 34 41 10.02 n t �. Ge l l Spe rrttt'kC-mixelit��iti9ncr-vpcGYiictiti6ii 02Q0i2 34 41 10.03 n e Spee f rrtttiG*trii2lit-�9rtad64crc-vpctrtiict'1•ti9ii 34 4120 20 L. 12 20 2012 �- I1lurni�t4�r��r�J.i3s �� 3n n�0T rtar�l. �T� r r 0611 CNni c A- Rey �armr��rvs 34 4120.02 Freeway LED D...,.1.. ay r 06/1 cL201 c � 1.zi"�r�IlivS vvrr�raoz� 3n ^�03 Resi!,ED _- oa&,ay T/arsir tires 06/1�15 34 41 30 Aluminum Signs 11/12/2013 34 4150 Single Mede Fiber- Optie (''.,ble 02/7v�r26/2016 Appendix GE-4.01 GC4,02 Fra'aar. aae and--Qky,s;eel GG 4.✓I Undefgfetind r.,e_l_t_es UG-4.06 Ii zar-, otts L'fwi-,,,.me,. to GE) on of F%to GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates G£--6,09 P:,.. its era UT l;ties GE-6,21 1`i GN-1.0 General Notes SD-1.00 Standard Construction Details PQ-1.00 Project Map and Quantity END OF SECTION CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 Addendum No. I City of Fort Worth, Texas Mayor and Council Communication DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0032 LOG NAME: 202024 ASPHALT RESURFACING CONTRACT 5 SUBJECT (CD 3 and CD 9) Authorize Execution of a Contract with Peachtree Construction, Ltd., in the Amount of $2,741,253.55 for the 2024 Asphalt Resurfacing Contract 5 Project at Various Locations RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Peachtree Construction, Ltd., in the amount of $2,741,253.55 for the 2024 Asphalt Resurfacing Contract 5 Project at various locations (City Project No. 104937). DISCUSSION: In the Fiscal Year 2024 Pay -Go contract street maintenance program, various types of street maintenance projects are grouped into specific contract packages. The recom m Ended construction contract proposed in this Mayor and Council Com m unication (M&C) will provide street rehabilitation on approximately 9.2 lane miles for the street sections listed below under the 2024 Asphalt Resurfacing Contract 5 project (City Project No. 104937). Street From To Bellaire Drive S. Hulen Street Overton Park Drive Overton Park Drive Bellaire Drive Hartwood Drive Harlanwood Drive S Hulen Street Overton Park Drive Glenwood Drive S Hulen Street Overton Park Drive Bellaire Drive N Pond Drive Stadium Drive Stadium Drive Bellaire Drive N W Cantey Street Park Hill Drive Colonial Parkway Shirley Avenue Merida Avenue Benbrook Boulevard W Berry Street Colonial Parkway Rogers Road Pavement Change Construction of this project is expected to start in the Spring of 2024 and be completed by the Winter of 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 October 5, 2023 and October 12, 2023 in the Fort Worth Star -Telegram. On November 2, 2023, the following bids were received: Bidder Amount Peachtree Construction, Ltd. $2,741,253.55 1 Texas Materials Group, dba Texas Bit $2,958,800.00 Funding is budgeted in the Transportation and Public Works (TPW) Department's General Capital Projects Fund for the purpose of funding the 2024 Asphalt Resurfacing Contract 5 project, as appropriated. MWWBE OFFICE — PEACHTREE CONSTRUCTION, LTD is in compliance with the City's Business Equity Ordinance by committing to 11 % MWBE participation on this project and documenting a good faith effort. Peachtree Construction, Ltd., identified several subcontracting and supplier opportunities. However, the firms contacted in the areas identified did not respond or did not submit the lowest bid. The City's MWBE goal on this project is 23%. This project is located in COUNCIL DISTRICTS 3 and 9. a6101_1N1hi1;101NL4/_Al0[0]kiUK4=1A01aKIN 0[0]kiA The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the 2024 Asphalt Resurface Contr 5 to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office by Oriainatina Business Unit Head William Johnson 5806 Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0005 15- 1 ADDENDA SECTION 00 05 15 ADDENDUM NO. 1 2024 ASPHALT RESURFACING CONTRACT 5 CITY PROJECT NO. 104937 Addendum No. 1 Issued: October 17, 2023 Bid Date: November 2, 2023 The Specification Contract Documents and Exhibits for the above project are revised and amended as follows: 1. SECTION 00 00 00 TABLE OF CONTENTS Table of Contents shall be replaced with the attached revised document. 2. SECTION 00 11 13 INVITATION TO BIDDERS Invitation to Bidders shall be replaced with the attached revised document. 3. SECTION 00 42 43 PROPOSAL FORM Proposal Form shall be replaced with the attached revised document. 4. SECTION 00 52 43 AGREEMENT Agreement shall be replaced with the attached revised document. 5. SECTION 00 73 00 SUPPLEMENTARY CONDITIONS Supplementary Conditions shall be replaced with the attached revised document. 6. SECTION 0132 16 CONSTRUCTION SCHEDULE Construction Schedule shall be replaced with the attached revised document. 7. SECTION 36 02 2 GENERAL NOTES General Notes shall be replaced with the attached revised document. 8. PO-1.00 PROJECT MAP AND OUANTITY Project Map and Quantity shall be replaced with the attached revised document. Please acknowledge receipt of this addendum by completing the requested information at the following locations: 1. In the space provide on the signature page of the proposal Form 2. Indicate in upper case letters on the outside of your sealed bid envelop: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 1" 3. Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of Addendum No. 1 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. Receipt Acknowledged: Lauren Prieur, P.E. Director By: By: c y 0. � 50 CompanypEAC:HTREE C NO STRUCTIOKLTO. Omar Elbagalati, Ph.D., P.E. 51 Engineering Manager, 52 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised July 1, 2011 Addendum No. 1 CITY OF FORT WORTH Transportation and Public Works 2024 Asphalt Resurfacing, Contract 5 City Project No. #104937 ADDENDUM NO. #1 - END OF SECTION - 2024 Asphalt Resurfacing, Contract 5 City Project No. 104937 ADDENDUM NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 00 11 13 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of 2024 ASPHALT RESURFACING CONTRACT 5, City Project No. 104937 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, November 2, 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: 77,200 SY 2" Surface Milling 77,200 SY 2" Asphalt Pavement Surface Course, Type D 1,715 CY Asphalt Base Repair 751 LF 7" Concrete Curb and Gutter 1,500 SF 6" Concrete Driveway 805 SF Barrier Free Ramps 29,736 LF HAS Pavement Markings 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.2ov/purchasin2/ 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. Copies of the Bidding and Contract Documents may be purchased from Marwan Hafez, Marwan.Hafez(ir fortworthtexas.eov. City of Fort Worth, TPW, 5001 James Avenue, Fort Worth, TX 76115. The cost of Bidding and Contract Documents is: $30.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised 7/19/2021 2024 ASPHALT RESURFACING CONTRACT 5 City Project No. 104937 Addendum No. 1 00 11 13 INVITATION TO BIDDERS Page 2 of 2 40 EXPRESSION OF INTEREST 41 To ensure potential bidders are kept up to date of any new information pertinent to this project, all 42 interested parties are requested to email Expressions of Interest in this procurement to the City 43 Project Manager and the Design Engineer. The email should include the company's name, 44 contact person and that individual's email address and phone number. All Addenda will be 45 distributed directly to those who have expressed an interest in the procurement and will also be 46 posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ 47 48 PREBID CONFERENCE — Web Conference 49 A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO 50 BIDDERS at the following date, and time via a web conferencing application: 51 DATE: Tuesday, October 17, 2023 52 TIME: 10:00 A.M. 53 Invitations with links to the web conferencing application will be distributed directly to those 54 who have submitted an Expression of Interest. 55 56 If a prebid conference is held, the presentation and any questions and answers provided at the 57 prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not 58 being held, prospective bidders can e-mail questions or comments in accordance with Section 6 59 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses 60 listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will 61 be issued pursuant to the Instructions to Bidders. 62 63 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 64 City reserves the right to waive irregularities and to accept or reject any or all bids. 65 66 AWARD 67 City will award a contract to the Bidder presenting the lowest price, qualifications and 68 competencies considered. 69 70 FUNDING 71 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 72 revenues generated from bonds, grands, etc. and reserved by the City for the Project. 73 74 INQUIRIES 75 All inquiries relative to this procurement should be addressed to the following: 76 77 Attn: Marwan Hafez, City of Fort Worth 78 Email: Marwan.Hafez(&fortworthtexas.2ov 79 80 ADVERTISEMENT DATES 81 October 5, 2023 82 October 12, 2023 83 END OF SECTION CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104937 Revised 7/19/2021 Addendum No. 1 0021 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 5 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 6 00 72 00 - GENERAL CONDITIONS. 8 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2. City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1. Bidders or their designated subcontractors are required to be prequalified for the work 35 types requiring prequalification as per Sections 00 45 11 BIDDERS 36 PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms 37 seeking pre -qualification, must submit the documentation identified in Section 00 45 11 38 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) 39 calendar days prior to Bid opening for review and, if qualified, acceptance. The 40 subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate 41 work types. Subcontractors must follow the same timelines as Bidders for obtaining 42 prequalification review. Bidders or Subcontractors who are not prequalified at the time 43 bids are opened and reviewed may cause the bid to be rejected. 44 45 Prequalification requirement work types and documentation are available by accessing all 46 required files through the City's website at: 47 https://apes.fortworthtexas.aov/ProiectResources/ 48 49 3.1.1. Paving — Requirements document located at: CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104937 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 50 51 httl)s://abbs.fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- 52 %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2OPavin2 53 %20Contractor%2OPreaualif"ication%2OPro2ram/PREOUALIFICATION%20REO 54 UIREMENTS%20FOR%2OPAVING%2000NTRACTORS.Ddf 55 56 57 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: 58 59 httl)s://aDDs.fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- 60 %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2ORoadwa 61 v%20and%2OPedestrian%2OLi2htin2%2OPre(ivalification%2OPro2ram/STREET% 62 20LIGHT%20PREOUAL%20REOMNTS.Ddf 63 64 3.1.3. Water and Sanitary Sewer — Requirements document located at: 65 66 httl)s://aDDs.fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- 67 %20Construction%2ODocuments/Contractor%2OPreaualification/Water%2Oand%2 68 OSanitarv%2OSewer%2OContractor%2OPreaualification%2OPro2ram/WSS%20pre 69 aual%20reauirements.bdf 70 71 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) 72 calendar days prior to Bid opening, the documentation identified in Section 00 45 11, 73 BIDDERS PREQUALIFICATIONS. 74 75 3.2.1. Submission of and/or questions related to prequalification should be addressed to 76 the City contact as provided in Paragraph 6.1. 77 78 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low 79 bidder for a project to submit such additional information as the City, in its sole 80 discretion may require, including but not limited to manpower and equipment records, 81 information about key personnel to be assigned to the project, and construction schedule 82 to assist the City in evaluating and assessing the ability of the apparent low bidder to 83 deliver a quality product and successfully complete projects for the amount bid within 84 the stipulated time frame. Based upon the City's assessment of the submitted 85 information, a recommendation regarding the award of a contract will be made to the 86 City Council. Failure to submit the additional information, if requested, may be grounds 87 for rejecting the apparent low bidder as non -responsive. Affected contractors will be 88 notified in writing of a recommendation to the City Council. 89 90 3.4. In addition to prequalification, additional requirements for qualification may be required 91 within various sections of the Contract Documents. 92 93 3.5.OMITTED 94 95 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 96 97 4.1. Before submitting a Bid, each Bidder: 98 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104937 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 99 4.1.1. Shall examine and carefully study the Contract Documents and other related data 100 identified in the Bidding Documents (including "technical data" referred to in 101 Paragraph 4.2. below). No information given by City or any representative of the 102 City other than that contained in the Contract Documents and officially 103 promulgated addenda thereto, shall be binding upon the City. 104 105 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, 106 local and site conditions that may affect cost, progress, performance or furnishing 107 of the Work. 108 109 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, 110 progress, performance or furnishing of the Work. 111 112 4.1.4.OMITTED 113 114 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or 115 contiguous to the Site and all drawings of physical conditions relating to existing 116 surface or subsurface structures at the Site (except Underground Facilities) that 117 have been identified in the Contract Documents as containing reliable "technical 118 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 119 at the Site that have been identified in the Contract Documents as containing 120 reliable "technical data." 121 122 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of 123 the information which the City will furnish. All additional information and data 124 which the City will supply after promulgation of the formal Contract Documents 125 shall be issued in the form of written addenda and shall become part of the Contract 126 Documents just as though such addenda were actually written into the original 127 Contract Documents. No information given by the City other than that contained in 128 the Contract Documents and officially promulgated addenda thereto, shall be 129 binding upon the City. 130 131 4.1.7. Should perform independent research, investigations, tests, borings, and such other 132 means as may be necessary to gain a complete knowledge of the conditions which 133 will be encountered during the construction of the project. For projects with 134 restricted access, upon request, City may provide each Bidder access to the site to 135 conduct such examinations, investigations, explorations, tests and studies as each 136 Bidder deems necessary for submission of a Bid. Bidder must fill all holes and 137 clean up and restore the site to its former conditions upon completion of such 138 explorations, investigations, tests and studies. 139 140 4.1.8. Shall determine the difficulties of the Work and all attending circumstances 141 affecting the cost of doing the Work, time required for its completion, and obtain all 142 information required to make a proposal. Bidders shall rely exclusively and solely 143 upon their own estimates, investigation, research, tests, explorations, and other data 144 which are necessary for full and complete information upon which the proposal is 145 to be based. It is understood that the submission of a proposal or bid is prima -facie 146 evidence that the Bidder has made the investigations, examinations and tests herein 147 required. 148 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104937 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 149 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 150 between the Contract Documents and such other related documents. The Contractor 151 shall not take advantage of any gross error or omission in the Contract Documents, 152 and the City shall be permitted to make such corrections or interpretations as may 153 be deemed necessary for fulfillment of the intent of the Contract Documents. 154 155 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification o£ 156 157 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 158 the site which have been utilized by City in preparation of the Contract Documents. 159 The logs of Soil Borings, if any, on the plans are for general information only. 160 Neither the City nor the Engineer guarantee that the data shown is representative of 161 conditions which actually exist. 162 163 4.2.2. those drawings of physical conditions in or relating to existing surface and 164 subsurface structures (except Underground Facilities) which are at or contiguous to 165 the site that have been utilized by City in preparation of the Contract Documents. 166 167 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 168 on request. Those reports and drawings may not be part of the Contract 169 Documents, but the "technical data" contained therein upon which Bidder is entitled 170 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 171 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 172 responsible for any interpretation or conclusion drawn from any "technical data" or 173 any other data, interpretations, opinions or information. 174 175 4.2.4. Standard insurance requirements, coverages and limits. 176 177 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) 178 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 179 exception the Bid is premised upon performing and furnishing the Work required by the 180 Contract Documents and applying the specific means, methods, techniques, sequences or 181 procedures of construction (if any) that may be shown or indicated or expressly required 182 by the Contract Documents, (iii) that Bidder has given City written notice of all 183 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 184 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 185 etc., have not been resolved through the interpretations by City as described in 186 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 187 and convey understanding of all terms and conditions for performing and furnishing the 188 Work. 189 190 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 191 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 192 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 193 Documents. 194 195 5. Availability of Lands for Work, Etc. 196 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104937 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 197 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 198 access thereto and other lands designated for use by Contractor in performing the Work 199 are identified in the Contract Documents. All additional lands and access thereto 200 required for temporary construction facilities, construction equipment or storage of 201 materials and equipment to be incorporated in the Work are to be obtained and paid for 202 by Contractor. Easements for permanent structures or permanent changes in existing 203 facilities are to be obtained and paid for by City unless otherwise provided in the 204 Contract Documents. 205 206 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 207 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 208 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel 209 the award of contract at any time before the Bidder begins any construction work on the 210 project. 211 212 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 213 way, easements, and/or permits, and shall submit a schedule to the City of how 214 construction will proceed in the other areas of the project that do not require permits 215 and/or easements. 216 217 6. Interpretations and Addenda 218 219 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 220 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 221 received after this day may not be responded to. Interpretations or clarifications 222 considered necessary by City in response to such questions will be issued by Addenda 223 delivered to all parties recorded by City as having received the Bidding Documents. 224 Only questions answered by formal written Addenda will be binding. Oral and other 225 interpretations or clarifications will be without legal effect. 226 227 Address questions to: 228 229 City of Fort Worth 230 200 Texas Street 231 Fort Worth, TX 76102 232 Attn: Marwan Hafez, Transportation and Public Works 233 Email: Marwan.Hafez(&fortworthtexas.2ov 234 Phone: 817-392-7968 235 236 237 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 238 City. 239 240 6.3. Addenda or clarifications may be posted via the City's electronic document management 241 and collaboration system at httDs:Hdocs.b360.autodesk.com/shares/al644888-fd86- 242 460f-953a-d2e38cl 5325a CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104937 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 243 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 244 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 245 Project. Bidders are encouraged to attend and participate in the conference. City will 246 transmit to all prospective Bidders of record such Addenda as City considers necessary 247 in response to questions arising at the conference. Oral statements may not be relied 248 upon and will not be binding or legally effective. 249 250 7. Bid Security 251 252 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five 253 (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued 254 by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 255 256 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of 257 Award have been satisfied. If the Successful Bidder fails to execute and return the 258 Contract Documents within 14 days after the Notice of Award conveying same, City 259 may consider Bidder to be in default, rescind the Notice of Award and act on the Bid 260 Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to 261 have defaulted. 262 263 8. Contract Times 264 The number of days within which, or the dates by which, Milestones are to be achieved in 265 accordance with the General Requirements and the Work is to be completed and ready for 266 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 267 attached Bid Form. 268 269 9. Liquidated Damages 270 Provisions for liquidated damages are set forth in the Agreement. 271 272 10. Substitute and "Or -Equal" Items 273 The Contract, if awarded, will be on the basis of materials and equipment described in the 274 Bidding Documents without consideration of possible substitute or "or -equal" items. 275 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 276 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 277 City, application for such acceptance will not be considered by City until after the Effective 278 Date of the Agreement. The procedure for submission of any such application by Contractor 279 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 280 Conditions and is supplemented in Section 0125 00 of the General Requirements. 281 282 11. Subcontractors, Suppliers and Others 283 284 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City 285 has goals for the participation of minority business and/or women business 286 enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the 287 M/WBE Project Goals and additional requirements. Failure to comply shall render 288 the Bidder as non -responsive. 289 290 Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance 291 No. 24534-11-2020), codified at: 292 httns://codelibrarv.amleeal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 293 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104937 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 294 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 295 or organization against whom Contractor or City has reasonable objection. 296 297 12. Bid Form 298 299 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 300 obtained from the City. 301 302 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. 303 Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A 304 Bid price shall be indicated for each Bid item, alternative, and unit price item listed 305 therein. In the case of optional alternatives, the words "No Bid," "No Change," or 306 "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder 307 proposes to do the work contemplated or furnish materials required. All entries shall 308 be legible. 309 310 12.3. Bids by corporations shall be executed in the corporate name by the president or a 311 vice-president or other corporate officer accompanied by evidence of authority to 312 sign. The corporate seal shall be affixed. The corporate address and state of 313 incorporation shall be shown below the signature. 314 315 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 316 partner, whose title must appear under the signature accompanied by evidence of 317 authority to sign. The official address of the partnership shall be shown below the 318 signature. 319 320 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 321 member and accompanied by evidence of authority to sign. The state of formation of 322 the firm and the official address of the firm shall be shown. 323 324 12.6. Bids by individuals shall show the Bidder's name and official address. 325 326 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated 327 on the Bid Form. The official address of the joint venture shall be shown. 328 329 12.8. All names shall be typed or printed in ink below the signature. 330 331 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 332 which shall be filled in on the Bid Form. 333 334 12.10. Postal and e-mail addresses and telephone number for communications regarding the 335 Bid shall be shown. 336 337 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 338 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance 339 to State Law Non Resident Bidder. 340 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104937 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 341 13. Submission of Bids 342 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 343 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 344 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 345 envelope, marked with the City Project Number, Project title, the name and address of 346 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 347 through the mail or other delivery system, the sealed envelope shall be enclosed in a separate 348 envelope with the notation "BID ENCLOSED" on the face of it. 349 350 14. Withdrawal of Bids 351 352 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may 353 be withdrawn prior to the time set for bid opening. A request for withdrawal must be 354 made in writing and delivered to the Purchasing Office to receive a time stamp prior 355 to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if 356 the request is within one hour of bid opening, will not be read aloud and will 357 thereafter be returned unopened. 358 359 14.2. In the event any Bid for which a withdrawal request has been timely filed has been 360 inadvertently opened, said Bid and any record thereof will subsequently be marked 361 "Withdrawn" and will be given no further consideration for the award of contract. 362 363 15. Opening of Bids 364 Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and 365 major alternates (if any) will be made available to Bidders after the opening of Bids. 366 367 16. Bids to Remain Subject to Acceptance 368 All Bids will remain subject to acceptance for a minimum of 90 days or the time period 369 specified for Notice of Award and execution and delivery of a complete Agreement by 370 Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid 371 security prior to that date. 372 373 17. Evaluation of Bids and Award of Contract 374 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 375 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 376 and to reject the Bid of any Bidder if City believes that it would not be in the best 377 interest of the Project to make an award to that Bidder. City reserves the right to 378 waive informalities not involving price, contract time or changes in the Work and 379 award a contract to such Bidder. Discrepancies between the multiplication of units of 380 Work and unit prices will be resolved in favor of the unit prices. Discrepancies 381 between the indicated sum of any column of figures and the correct sum thereof will 382 be resolved in favor of the correct sum. Discrepancies between words and figures 383 will be resolved in favor of the words. 384 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104937 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 385 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 386 among the Bidders, Bidder is an interested party to any litigation against City, 387 City or Bidder may have a claim against the other or be engaged in litigation, 388 Bidder is in arrears on any existing contract or has defaulted on a previous 389 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 390 Bidder has uncompleted work which in the judgment of the City will prevent or 391 hinder the prompt completion of additional work if awarded. 392 393 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the 394 qualifications and experience of Subcontractors, Suppliers, and other persons and 395 organizations proposed for those portions of the Work where the identity of such 396 Subcontractors, Suppliers, and other persons and organizations must be submitted as 397 provided in the Contract Documents or upon the request of the City. City also may 398 consider the operating costs, maintenance requirements, performance data and 399 guarantees of major items of materials and equipment proposed for incorporation in 400 the Work when such data is required to be submitted prior to the Notice of Award. 401 402 17.3. City may conduct such investigations as City deems necessary to assist in the 403 evaluation of any Bid and to establish the responsibility, qualifications, and financial 404 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 405 organizations to perform and furnish the Work in accordance with the Contract 406 Documents to City's satisfaction within the prescribed time. 407 408 17.4. Contractor shall perform with his own organization, work of a value not less than 409 3 5 % of the value embraced on the Contract, unless otherwise approved by the City. 410 411 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 412 responsive Bidder whose evaluation by City indicates that the award will be in the 413 best interests of the City. 414 415 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 416 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 417 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 418 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 419 comparable contract in the state in which the nonresident's principal place of 420 business is located. 421 422 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 423 to be awarded, City will award the Contract within 90 days after the day of the Bid 424 opening unless extended in writing. No other act of City or others will constitute 425 acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by 426 the City. 427 428 17.7.1. The contractor is required to fill out and sign the Certificate of Interested 429 Parties Form 1295 and the form must be submitted to the Project Manager 430 before the contract will be presented to the City Council. The form can be 431 obtained at httus://www.ethics.state.tx.us/data/forms/1295/1295.udf 432 433 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 434 435 18. Signing of Agreement CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104937 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 436 437 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied 438 by the required number of unsigned counterparts of the Project Manual. Within 14 439 days thereafter, Contractor shall sign and deliver the required number of counterparts 440 of the Project Manual to City with the required Bonds, Certificates of Insurance, and 441 all other required documentation. 442 443 444 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. 445 446 447 END OF SECTION CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104937 Revised/Updated November 2, 2021 0035 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) hftDS://www.ethics.state.tx.us/data/forms/conflict/CIS.pdf ❑ CIQ Form does not apply E CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply B CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: END OF SECTION By: J. Barry Clark Signature: J , �� —, r—, , Title: President CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 ASPHALT RESURFACING CONTRACT 5 Revised February 24, 2020 City Project No. 104937 0041 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: 2024 ASPHALT RESURFACING CONTRACT 5 AT VARIOUS LOCATIONS City Project No.: 104937 Units/Sections: Paving 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 ASPHALT RESURFACING CONTRACT 5 Revised 9/30/2021 City Project No. 104937 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 ($1,000,000 and OVER) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 210 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 ASPHALT RESURFACING CONTRACT 5 Revised 9/30/2021 City Project No. 104937 0041 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Total Bid 7. Bid Submittal This Bid is submitted on Respectfully submd, By: 11 J- (Signature) J. Barry Clark (Printed Name) Title: President Company: Peachtree Construction, Ltd. Address: 5801 Park Vista Circle Keller, TX 76244 State of Incorporation: Texas Email: JBClark@peachtreecon.com Phone: 817-741-4658 11 /2/23 END OF SECTION $2,741,253.55 by the entity named below. Receipt is acknowledged of the following Addenda: JAddendum No. 1: JAddendum No. 2: JAddendum No. 3: NIA JAddendum No. 4: I Corporate Seal: Initial CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 ASPHALT RESURFACING CONTRACT 5 Revised 9/30/2021 City Project No. 104937 UNIT PRICE BID SECTION 00 42 43 PROPOSAL FORM Project Item Information Bidlist Item Description No. 1 0135.0201 Remobilization 2 0241.1300 Remove Cone Curb & Gutter 3 3216.0102 7" Cone Curb and Gutter 4 0241.0401 Remove Concrete Driveway 5 3213.0401 6" Cone Driveway 6 0241.0100 Remove Sidewalk 7 3213.0301 4" Cone Sidewalk 8 3213.0322 Cone Curb at Back of Sidewalk (6 To 12 Inch Max) 9 3232.0100 Cone Ret Wall Adjacent to Sidewalk (2 Ft To 4 Ft) 10 0241.1400 Remove Cone Valley Gutter 11 3216.0301 7" Cone Valley Gutter 12 0241.0300 Remove ADA Ramp 13 3213.0501 Barrier Free Ramp, Type R-1 14 3213.0503 Barrier Free Ramp, Type M-1 15 3213.0504 Barrier Free Ramp, Type M-2 16 3213.0506 Barrier Free Ramp, Type P-1 17 3213.0506 Barrier Free Ramp, Type P-2 18 3212.0600 Asphalt Pavement Level - Up 19 3124.0101 Asphalt Pavement Base Repair 20 3212.0900 Crack Sealing of Existing Pavement 21 0241.1506 2" Surface Milling 22 3212.0302 2" Asphalt Pvmt Type D 23 9999 7" Remove Concrete Pavement 24 3211.0122 Flex Base, Type A, GR-2 25 3110.0102 24-Incli and Larger, Tree Removal 26 3110.0102 6"-12" Tree Removal 27 3123.0101 Unclassified Excavation 1 28 3292.0100 Block Sod Replacement 29 3217.5001 Curb Address Painting 30 3291.0100 Topsoil 31 3217.0101 6" Sld Pvmt Marking HAS (W) 32 3217.0102 6" Sld Pvmt Marking HAS (Y) 33 3217.0103 6" Brk Pvmt Marking HAS (W) 34 3217.0107 6" Brk Pvmt Marking HAS (Y) 1 35 3217.0201 8" Sid Pvrnt Marking HAS (W) 36 3217.0301 12" Sld Pvmt Marking HAE (W) 1 37 3217.0403 18" Sld Pvmt Marking HAE (Y) 1 38 3217.0501 24" Sld Pvtnt Marking HAE (W) 1 39 3217.1002 Lane Legend Arrow 40 3217.1004 Lane Legend Only 1 41 3217.1009 Lane Legend Bike Arrow 1 42 3217.1006 Lane Legend Bike 1 43 3217.1007 Lane Legend Sharrow 44 3217.1010 Lane Legend 18" Yield Triangle (W) 45 3217.2001 Raised Marker TY W 1 46 3217.2103 Refl Raised Marker TY II -A -A 1 47 3217.2104 Refl Raised Marker TY 11-C-R 48 3305.0108 Miscellaneous Adjustment (Utilities) 49 3305.0111 Water Valve Box Adjustment (With Steel Riser) 50 3305.0112 Water Valve Box Adjustment (With Concrete Riser) 1 51 3312.2003 1-hich Standard Plastic Meter Box 1 52 3312.2003 1-Inch Standard Concrete Meter Box 53 3349.0107 Manhole Adjustment (With Steel Riser) 54 3305.0112 Manhole Adjustment (With Concrete Collar) 55 3305.0108 Miscellaneous Structure Adjustment (5' Stonn Drain Inlet Top) 56 3305.0108 Miscellaneous Structure Adjustment (10' Stonn Drain Inlet Top) 57 3346.0101 6" Perforated Subdrain Pipe 1 58 3471.0002 Portable Message Sign 59 9999.0000 Site Clearing 60 9999.0096 Paving Construction Allowance a142 43 DID PROPOSAL Page 1 of 1 Bidder's Application Specification Section No. Unit of Bid Measure Quantity 01 70 00 EA 1 0241 15 LF 751 32 1613 LF 751 0241 13 SF 1,500 32 1320 SF 1,500 0241 13 SF 685 32 1320 SF 685 32 1320 LF 100 3232 13 SF 100 0241 14 SY 30 32 1613 SY 30 0241 13 SF 805 32 1320 SF 230 32 1320 SF 115 32 1320 SF 240 32 1320 SF 110 32 1320 SF 110 32 1216 TN 70 3201 17 CY 1,715 32 12 73 GA 200 0241 15 SY 77,200 321216 SY 77,200 32 13 13 SY 100 321123 CY 100 31 1000 EA 1 31 1000 EA 2 3223 16 CY 80 3292 13 SY 850 32 17 25 EA 12 3291 19 CY 100 32 1723 LF 7,600 32 1723 LF 8,640 32 1723 LF 10,634 32 1723 LF 100 32 1723 LF 1,160 32 1723 LF 250 32 1723 LF 100 32 1723 LF 1,252 32 1723 EA 20 32 1723 EA 6 32 1723 EA 12 32 1723 EA 6 33 1723 EA 12 32 1723 EA 13 33 1723 EA 150 32 1723 EA 100 32 1723 EA 100 00 05 08 LS 1 33 05 14/33 05 17 EA 2 33 05 14/33 05 17 EA 9 33 12 10 EA 1 33 12 10 EA 1 33 49 10 EA 2 3305 14 EA 5 3305 14 EA 1 3305 14 EA 1 33 46 00 LF 100 3471 13 WK 30 SY 100 LS 1 END OF SECTION Bidders Proposa Unit Price Bid Value $1,000.00 $1,000.001 $2.35 $1,764.851 $70.35 $52,832.851 $2.25 $3,375.001 $18.10 S27,150.001 $2.25 $1,141.25 $11.10 $7,603.50 $44.80 $4,480.00 $27.75 $2,775.00 $20.05 $601.501 $182.40 $5,472.001 $2.25 $1,811.251 $52.25 $12,017.501 $52.25 $6,008.751 $52.25 $12,540.001 $52.25 $5,747.501 $52.25 $5,747.50 $162.00 $11,340.00 $345.00 $591,675.00 $47.50 $9,500.001 $3.95 $304,940.00 $IT84 $1,377,248.00 $44.40 $4,440.001 $83.25 $8,325.001 $3,607.50 $3,607.501 $1,054.50 $2,109.001 $83,25 $6,660.001 $19.70 $16,745.001 $75.00 $900.001 $83.25 $8,325.001 $0.85 $6,460.001 $0.85 $7,344.001 $1.05 $11,165.701 $1.05 $105.001 $1.70 $1,972.001 $4.50 $1,125,00 $6.40 $640.001 $8.70 $10,892.401 $225.00 $4,500.001 $285.00 $1,710.001 $111.00 $1,332.001 $142.00 $852.001 $83.25 $999.001 $55.50 $721.501 $4.50 $675.001 $6.70 $670.001 $6.70 $670.001 $25,000.00 $25,000.001 $750.00 $1,500.001 $900.00 $8,100.001 $222.00 $222.001 $440.00 $440.00 $1,150.00 $2,300.001 $1,150.00 $5,750.001 $5,550.00 $5,550.001 $8,325.00 $8,325.001 S32.50 $3,250.00 $875.00 $26,250.00 $44.50 $4,450.00 $100,000.00 $100,000.001 Total Bid $2,741,253.551 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Re,ixd 9/30/2021 2024 ASPHALT RESURFACING CONnRACT 5 City Project No 104937 Addendum No I SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 2 That we, Peachtree Construction, Ltd. , known as "Bidder" herein and Travelers Casualty and Surety Company of America a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 2024 ASPHALT RESURFACING CONTRACT 5 AT VARIOUS LOCATIONS NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 18th day of October , 2023. ATTEST: Witness as to Pn ipal PRINCIPAL Peachtree Construction, Ltd BY: �. � r Signature J. BARRY CLARK PRESIDENT° Name and Title CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 2024 ASPHALT RESURFACING CONTRACT 5 City Project No. 104937 pq I ness as to Surety: Linda Edwards Attach Power of Attorney (Surety) for Attorney -in -Fact Address: 5801 Park Vista Cir. Keller, TX 76244 SURETY: Travelers Casualty and Surety Company of America Signature (� Teresa Ayala Atty-in-Fact Name and Title Address: 2900 Marquita Dr. Fort Worth, TX 76116 Telephone Number: 817-737-4943 00 43 13 BID BOND Page 2 of 2 Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 ASPHALT RESURFACING CONTRACT 5 Revised 9/30/2021 City Project No. 104937 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Teresa Ayala of FT WORTH , Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. �3 liAfiTFORS, Q HARTFORO, ,% 00NN�� y CONK. �o 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 =s Ov NOTARY M * ' I s r"w` 4kv�WLECVi Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 18th day of October , 2023 fyasuatirr' hJP,1YANps � wY G9a PAWCORD. a HAATFORD, y CQ".4. y CONN. Kevin E. Hughes�A,,�,,tant retary 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. 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/I BIDDER: END OF SECTION By: J. Barry Clark 1 �"L- (Signature)`" Title: President Date: 11 /2/2023 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 ASPHALT RESURFACING CONTRACT 5 Revised 9/30/2021 City Project No. 104937 004511-1 BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/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 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised August 13, 2021 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised August 13, 2021 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised August 13, 2021 00 45 12 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Contractor/Subcontractor Company Name Prequalification Expiration Date Peachtree Construction, Ltd. 10/1/2024 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Peachtree Construction, Ltd. By: J. �Irry Clark 5801 Park Vista Circle Keller, TX 76244Signature) 0 Title: President Date: h- 2 - 2', END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 ASPHALT RESURFACING CONTRACT 5 Revised 09/30/2021 City Project No. 104937 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 104937. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: PEACHTREE CONSTRUCTION,LTD. J. BARRY CLARK By: Company (Pie Print) 5801 PARK VISTA CIR. Si nature: R C-- Address v KELLER, TX 76244 Title: PRESIDENT City/State/Zip (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of PEACHTREE CONSTRUCTION,LTD. for the purposes and consideration therein expressed and in the capacity therein stated. GIVE UNDER MY HAND AND SEAL OF OFFICE this 2(af Notary Pub i In and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Iq4itl- day of "U Janet Lynn Reiter My Commission Expires J * 8/28/2027 Notary ID130350671 11 2 2024 ASPHALT RESURFACING CONTRACT 5 City Project No. 104937 004540-1 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://codelibrarv.amle2al.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 23% 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 httDs://anns.fortworthtexas.2ov/Pro_ iectResources/ResourcesP/60 - MW E/Business Ea_uity Utilization 46 Form DVIN 2022 220324.ndf 47 48 Letter of Intent 49 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 httDs:Hanus.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.ndf 3 4 Business Equity Good Faith Effort Form 5 httDs:Happs.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.ndf 7 8 Business Equity Prime Contractor Waiver Form 9 httDs://arms.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.1)df 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Business Equity Joint Venture Form httDs:Hai)Ds.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.ndf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. END OF SECTION CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on January 23. 2024. 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: 2024 ASPHALT RESURFACING CONTRACT 5 Citv Proiect No. 104937 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 TWO MILLION, SEVEN HUNDRED FORTY-ONE THOUSAND, TWO HUNDRED FIFTY-THREE AND 551100 Dollars ($2,741,253.55). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 210 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred and Fiftv AND 00/100 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 005243-2 Agreement Page 2 of 6 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification 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 ne2li2ence 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 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 005243-3 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 parry 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 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 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 2276 of the Texas Government Code, 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 2276 of the Texas Government Code. To the extent that Chapter 2276 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, 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. 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 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 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 1-9 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 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 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: 8aP,,--,w c6wk J. Barry Clark (Jan 19, 2024 16:00 CST) Signature J. Barry Clark (Printed Name) President Title 5801 Park Vista Circle Address Keller, TX 76244 City/State/Zip Jan 19, 2024 Date City of Fort Worth By: W4lia4-R-M-JQh4i oi4- Jesica McEachern Assistant City Manager Mar 8, 2024 Date n a OFFORT IlIlIl 0000000o ty d Attest: PVo °=0 �IlIlIl� EXA54 p — Jannette Goodall, City Secretary (Seal) M&C: 24-0032 Date: 01/23/2024 Contract Compliance Manager: By signing, I acknowledge that 1 am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. May -wan Hafez Hannan Ha(ez (Jan 19, 202416:24 CST) Marwan Hafez Professional Engineer Approved as to Form and Legality: Douglas Black (Mar 5, 2024 14:04 CST) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: X Lauren Prieu r (Marl, 2024 09:47 CST) Lauren Prieur, Director, Transportation & Public Works Department CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 2 3 4 5 6 7 8 SECTION 00 6113 PERFORMANCE BOND 0061 13 - 1 PERFORMANCE BOND Pagel of 2 Bond No: 107908205 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Peachtree Construction, Ltd., known as "Principal" herein and Travelers Casualty and Surety Company of America , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, TWO MILLION. 12 SEVEN HUNDRED FORTY-ONE THOUSAND. TWO HUNDRED FIFTY-THREE AND 13 551100 Dollars ($2,741,253.55), 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 ourselves, 15 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City awarded 18 the 23`d day of January. 2024, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 20 defined by law, in the prosecution of the Work, including any Change Orders, as provided for in 21 said Contract designated as 2024 ASPHALT RESURFACING CONTRACT 5, City Project No. 22 104937. 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 faithfully 25 perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 5 instrument by duly authorized agents and officers on this the 23rd day of January 6 , 20 24 . 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 PRINCIPAL: Peachtree Construction, Ltd. BY: I � J Sygnature ATTEST: J. BARRY CLARK PRESIDENT (Principal) Secretary Name and Title Address: 5801 Park Vista Cir. Keller, TX 76244 Witnes s to Principal SURETY: Travelers Casualty and Surety Company of America BY,_0 to P/J C Z&_ Signature 61 Teresa Ayala Atty-in-Fact Name and Title Address: 2900 Marquita DrAfa, _ t, Ft. Worth, TX 76116 Witness as to Surety Linda K Edwards Telephone Number: 817-737-4943 Email Address: TEAyala@Acrisure.com *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 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 Travelers Casualty and Surety Company of America a11111111b, 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, 3;!"As�j * 4/It RTFO iiii HAFOR- CONtf. J p, m HACONN. < 'tt r+ W CONN. o `';iS f�UJA � State of Connecticut City of Hartford ss. By: � it Robert L. Raney�Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2026 'otio1jTARYi Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 23rd day of January , 2024 OC, Kevin E. Hughes�Assistant retary 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 PowerofAttorney is attached, 0061 14 - 1 PAYMENTBOND Page 1 of 2 1 SECTION 00 6114 Bond No: 107908205 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Peachtree Construction, Ltd., known as "Principal" herein, and 8 Travelers Casualty and Surety Company of America , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether 10 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 11 created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of 12 TWO MILLION, SEVEN HUNDRED FORTY-ONE THOUSAND. TWO HUNDRED FIFTY- 13 THREE AND SS1100 Dollars ($2,741,253.55), lawful money of the United States, to be paid in 14 Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly 16 by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 23rd day of Januarv. 2024, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories 20 as defined by law, in the prosecution of the Work as provided for in said Contract and designated 21 as 2024 ASPHALT RESURFACING CONTRACT 5, City Project No. 104937. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 23rd day of 3 January , 2024 :I 5 6 7 8 9 10 12 ATTEST: (Principal) Secretary r ATTEST: 1 .� P (Surety) Secretary VVttness as to Surety Linda K Edwards PRINCIPAL: Peachtree Construction, Ltd. BY: J, 9 ..11% Signature J. BARRY CLARK PRESIDENT Name and Title Address: 5801 Park Vista Cir. Keller, TX 76244 SURETY: Travelers Casualty and Surety Company of America BY: 16� Signature d Teresa Ayala Atty-in-Fact Name and Title Address: 2900 Marquita Dr Ft. Worth, TX 76116 Telephone Number: 817-737-4943 Email Address: TEAyala@Acrisure.com 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 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 Travelers Casualty and Surety Company of America .A_ Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Teresa Ayala of FT WORTH , Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 3 \8 a"`T v aau sc 3yti1Ff* N m { NA9Tf0rID, �i W HARTFORD. CONN. f ? CONN.UAL o State of Connecticut City of Hartford ss. By: Robert L. Rane , enior Vice President 2 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 Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 23rd day of January , 2024 �\ 1 O HARTFO a HARTFORD,� C{JRA90.1 S f CCfL4. E a CONN. Kevin E. Hughes, AssiSecretary To verify the authenticity of this Power ofAttorney, please callus at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached. 1 2 3 4 5 6 7 8 9 10 11 12 SECTION 00 6119 MAINTENANCE BOND 0061 19 - 1 MAINTENANCE BOND Pagel of 3 Bond No: 107908205 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Peachtree Construction, Ltd., known as "Principal" herein and Travelers Casualty and Surety Company of America , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of TWO MILLION,, SEVEN HUNDRED FORTY-ONE THOUSAND, TWO HUNDRED FIFTY-THREE AND 13 551100 Dollars ($2,741,253.55), 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 23rd day of Januarv. 2024, which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 21 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 22 authorized Change Order (collectively herein, the "Work") as provided for in said contract and 23 designated as 2024 ASPHALT RESURFACING CONTRACT 5, City Project No. 104937; and 24 25 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 26 accordance with the plans, specifications and Contract Documents that the Work is and will remain 27 free from defects in materials or workmanship for and during the period of two (2) years after the 28 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 29 30 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 31 receiving notice from the City of the need therefor at any time within the Maintenance Period. 32 CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 0061 19-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 0 3 4 6 7 8 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 0061 19-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 23rd day of January 120 24 PRINCIPAL: Peachtree Construction, Ltd. BY: 3, � — 0 Signature ATTEST: J. BARRY CLARK (Principal) Secretary W Witne as to Principal ATTEST: (Su' ty) cretaiy na Payne Witness as to Surety Linda K Edwards PRESIDENT Name and Title Address: 5801 Park Vista Cir. Keller, TX 76244 SURETY: Travelers Casualty and Surety Company of America Signature Teresa Ayala Atty-in-Fact _ Name and Title Address: 2900 Marquita Dr Ft. Worth, TX 76116 Telephone Number: 817-737-4943 Email Address: TEAyala@Acrisure.com *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 2O24 ASPHALT RESURFACING CONTRACT 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104937 Revised December 8, 2023 Travelers Casualty and Surety Company of America A11111111111k 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. t! a py W HARTFORD, <oxwn 'fG State of Connecticut City of Hartford ss. By: Robert L. Raney tenior 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 t I'•Ua'�IC i Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 23rd day of January , 2024 lwy SYgFl >�1v aMp o `AfTT'it77�ti•it. NC9DTFtLO4r.�G y��n�a@ aaU 'T yJ as�FeA M-C � :HARTFORD, CONN. o lK Kevin E. Hughes, AssiSecretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached, FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2024 AsDhalt Resurfacina. Contract 5 M&C: 24-0032 CPN: 104937 CSO: 61071 Date: 02/27/24 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 DM TPW-Approver ��- TPW-Signer Legal -Approver Legal -Signer 1w� ACM -Signer` CSCO-Approver P CSCO-Signer 3774-7 CSCO-Form Filler � TPW DOC#: Date Out 02/27/24 02/29/24 03/01 /24 03/04/24 33/05/24 03/08/24 )3/08/24 03/08/24 03/08/24 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 Re wired: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ Fil�'nk to the GENERAL CONDITIONS & TECHNICAL SPECS Return To: Please notify TPWContracts@a fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2024 Asahalt Resurfacina. Contract 5 M&C: CPN: 104937 CSO: DOC#: Date: 01 /09/24 To: Name Department Initials Date Out I . J Barry Cla•k/Peachtree Construct Vendor -Signer �c 01 /19/24 2. Proj Mgr: Marwan Hafez TPW-Signer "" 01 /19/24 3. Michelle Hadley -McGhee TPW-Review 0 02/01/24 4. 5. 6. 7 8 9 10. 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(&fortworth texas. 2ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! �'� Bond Verification From: Teresa Avala To: Hadlev-McGhee. Michelle Subject: RE: PLEASE REPLY - BOND VERIFICATION REQUEST [CPN #104937 - 2024 Asphalt Resurfacing, Contract 5] Date: Tuesday, January 30, 2024 8:45:30 AM Attachments: imaae002.Dna imaae003.Dna 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. Good morning, Yes, the dollar amount and bond number are correct. Teresa Ayala Surety Account Executive /&ACRISURE' Frank Siddons Insurance Agency Fort Worth 2900 Marquita Dr., Ft. Worth, TX 76116 Email: TEAvala(d)Acrisure.com 817-737-4943 Please make note of my new email address: TFAvala(@Acrisure.com "Coverage cannot be issued, changed, cancelled, modified or otherwise altered without speaking to and receiving written confirmation from an authorized representative of Acrisure, LLC." From: Hadley -McGhee, Michelle <Michelle.Hadley-McGhee@fortworthtexas.gov> Sent: Tuesday, January 30, 2024 7:51 AM To: Teresa Ayala <TEAyala@Acrisure.com> Subject: PLEASE REPLY - BOND VERIFICATION REQUEST [CPN #104937 - 2024 Asphalt Resurfacing, Contract 5] You don't often get email from michelle. had lev-mcaheeCd)fortworthtexas.aov. Learn why this is irnPortant 01/30/2024 Good morning. The City of Fort Worth is in receipt of the following referenced bond(s) — BOND # 107908205, in the amount of $2,741,253.55 TWO MILLION, SEVEN HUNDRED FORTY-ONE THOUSAND, TWO HUNDRED FIFTY-THREE AND 55/100 Dollars, from Peachtree Construction, Ltd., for City Project #104937 - 2024 Asphalt Resurfacing, Contract 5. 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.hadlev-mcahee(@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. afookia.q fotwa-rd & 00f 0ozeciative, C&&Ae!!e 0gadleyVYc 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(cbfortworthtexas.aov City of Fort Worth — Working together to build a strong community. 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