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Contract 44209
CITY SECf7ETARY D.O.E. FILE City S�CR� r;OWRACT NO. CONTRACTOR`S,BONDING CO. CONSTRUCTION'S COPY FORT WORTH CI-IENT DEPARTMENT i PROJECT MANUAL FOR THE CONSTRUCTION OF Pennsylvania Avenue Street Extension City Project No.01742 Betsy Price Tom Higgins Mayor City Manager S. Frank Crumb, P.E. Director, Water Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth i Transportation and Public Works Department J 2012 Tfl .-.., ; 21 J HDR Engineering, Inc. •:;:i 600 W. 6th Street, Suite 100 ��C•'�'�" 1 � Fort Worth, TX 76102 �' � � f2 ly �rz >,aty jACRARY Texas P.E. Firm Registration No. F-754 fT.Vt �rx 02-26-13 A10.56 ' N 00 00 00-1 TABLE OF CONTENTS Page I of 3 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00- General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 00 45 11 Bidders Prequalifications 15 00 45 12 Prequalification Statement 16 0045 13 Bidder Prequalification Application 17 00 45 26 Contractor Compliance with Workers'Compensation Law 18 00 45 40 Minority Business Enterprise Goal 19 00 52 43 Agreement 20 0061 13 Performance Bond 21 0061 14 Payment Bond 22 0061 19 Maintenance Bond 23 00 61 25 Certificate of Insurance 24 00 72 00 General Conditions 25 00 73 00 Supplementary Conditions 26 27 Division 01 - General Requirements 28 01 1100 Summary of Work 29 01 2500 Substitution Procedures 30 01 31 19 Preconstruction Meeting 31 01 3120 Project Meetings 32 01 3216 Construction Progress Schedule 33 01 3233 Preconstruction Video 34 01 3300 Submittals 35 01 35 13 Special Project Procedures 36 01 45 23 Testing and Inspection Services 37 01 5000 Temporary Facilities and Controls 38 01 5526 Street Use Permit and Modifications to Traffic Control 39 0157 13 Storm Water Pollution Prevention Plan 40 01 58 13 Temporary Project Signage 41 01 60 00 Product Requirements 42 01 66 00 Product Storage and Handling Requirements 43 01 70 00 Mobilization and Remobilization 44 01 7123 Construction Staking 45 01 74 23 Cleaning 46 01 77 19 Closeout Requirements 47 01 78 23 Operation and Maintenance Data 48 01 7839 Project Record Documents 49 CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised November 30,2012 i 000000-2 TABLE OF CONTENTS Page 2 of 3 1 Technical Specifications which have been modified by the Engineer specifically for this 2 Project; hard copies are included in the Project's Contract Documents 3 4 Division 02-Existing Conditions 5 0241 13 Selective Site Demolition 6 7 Division 32-Exterior Improvements 8 32 13 20 Concrete Sidewalks,Driveways and Barrier Free Ramps 9 3232 13 Cast-in-Place Concrete Retaining Walls 10 11 Division 33-Utilities 12 3305 14 Adjusting Manholes, Inlets,Valve Boxes,and Other Structures to Grade 13 33 1210 Water Services 1-inch to 2-inch 14 33 1220 Resilient Seated Gate Valve 15 16 Division 34-Transportation 17 34 41 30 Aluminum Signs 18 19 Division 99—Non-Standard Items 20 99 99 00 Metal Beam Guard Fence 21 99 99 00 Pedestrian Rail 22 99 99 00 Irrigation 23 24 Technical Specifications listed below are included for this Project by reference and can be 25 viewed/downloaded from the City's Buzzsaw site at: 26 27 htps://pi-oiectl)oint.buzzsaw.coln/clienUfoi-twortligov/Resources/02%20- 28 %20Construction%2ODocuments/Specifications 29 30 Division 02-Existing Conditions 31 0241 14 Utility Removal/Abandonment 32 0241 15 Paving Removal 33 34 Division 03- Concrete 35 03 30 00 Cast-In-Place Concrete 36 0334 13 Controlled Low Strength Material (CLSM) 37 03 80 00 Modifications to Existing Concrete Structures 38 39 Division 26-Electrical 40 26 05 00 Common Work Results for Electrical 41 26 05 33 Raceway and Boxes for Electrical Systems 42 43 Division 31 -Earthwork 44 31 1000 Site Clearing 45 31 23 16 Unclassified Excavation 46 31 23 23 Borrow 47 31 24 00 Embankments 48 31 25 00 Erosion and Sediment Control 49 31 37 00 Riprap 50 CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised November 30,2012 000000-3 TABLE OF CONTENTS Page 3 of 3 1 Division 32-Exterior Improvements 2 32 01 29 Concrete Paving Repair 3 32 11 29 Lime Treated Base Courses 4 32 12 16 Asphalt Paving 5 32 13 13 Concrete Paving 6 32 1373 Concrete Paving Joint Sealants 7 32 1613 Concrete Curb and Gutters and Valley Gutters 8 32 1723 Pavement Markings 9 3291 19 Topsoil Placement and Finishing of Parkways 10 32 92 13 Hydro-Mulching, Seeding, and Sodding 11 32 93 43 Shrubs and Trees 12 13 Division 33- Utilities 14 33 01 30 Sewer and Manhole Testing 15 3301 31 Closed Circuit Television (CCTV)Inspection 16 3305 10 Utility Trench Excavation,Embedment, and Backfill 17 3305 13 Frame, Cover and Grade Rings 18 3305 17 Concrete Collars 19 33 11 11 Ductile Iron Fittings 20 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 21 33 1225 Connection to Existing Water Mains 22 33 1240 Fire Hydrants 23 33 31 20 Polyvinyl Chloride(PVC) Gravity Sanitary Sewer Pipe 24 3339 10 Cast-in-Place Concrete Manholes 25 33 39 20 Precast Concrete Manholes 26 33 39 60 Epoxy Liners for Sanitary Sewer Structures 27 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 28 33 49 20 Curb and Drop Inlets 29 33 49 40 Storm Drainage Headwalls and Wingwalls 30 31 Division 34- Transportation 32 3441 10 Traffic Signals 33 34 41 20 Roadway Illumination Assemblies 34 3471 13 Traffic Control 35 36 Appendix 37 GC-4.01 Availability of Lands 38 GC-4.02 Subsurface and Physical Conditions 39 GC-4.04 Underground Facilities 40 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 41 GC-6.07 Wage Rates 42 GC-6.09 Permits and Utilities 43 GC-6.24 Nondiscrimination 44 GR-01 60 00 Product Requirements 45 46 END OF SECTION CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 i Revised November 30,2012 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas FORT IVOR`I'l l CITY COUNCILAGENDA COUNCIL ACTION: Approved on 2/19/2013 DATE: 2/19/2013 REFERENCE NO.: **C-26104 LOG NAME: 20PENNSYLVANIA CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with McClendon Construction Company, Inc., in the Amount of$725,092.10 for the Construction of Pennsylvania Avenue from Tenth Street to West Cannon Street and Provide for Contingencies and Construction Services for a Project Total in the Amount of$968,911.10 (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with McClendon Construction Company, Inc., in the amount of$725,092.10 for the construction of Pennsylvania Avenue from Tenth Street to West Cannon Street and provide for contingencies and construction services for a project total in the amount of$968,911.10. DISCUSSION: The 2008 Capital Improvements Program included funds for the engineering design and construction of Pennsylvania Avenue from Tenth Street to West Cannon Street. Project Funding: Funding Source Amount 2008 CIP Bond Funds $ 832,585.10 Water Capital Project Funds $ 45,045.00 Sewer Capital Project Funds $ 91,281.00 TOTAL $ 968,911.10 Programmed Expenditures: Construction Contract $ 725,092.10 Construction Services $ 217,050.00 Contingencies $ 26,769.00 TOTAL $ 968,911.10 The project was advertised for bid in the Fort Worth Star-Telegram on October 25, 2012 and November 1, 2012. The following responsive bids were received on November 29, 2012: BIDDERS BID AMOUNT McClendon Construction Company, Inc. $725,092.10 JLB Contracting, LLC $728,497.22 Conatser Construction TX, LP $782,260.75 AUI Contractors, LLC $859,636.79 Staff recommends that the low bid in the amount of$725,092.10 as submitted by McClendon Construction Company, Inc., be selected and a contract awarded. The estimated impact on the Parks and Community Services Department annual operating budget for streetscape maintenance is $5,000.00 and $639.00 for City Forestry tree maintenance, together http://apps . cfwnet. org/council_packet/mc_review. asp?ID=1. . . 2/19/2013 M&C Review Page 2 of 2 totaling $5,639.00 annually. M/WBE Office: McClendon Construction Co., Inc., is in compliance with the City's BDE Ordinance by committing to 19 percent MBE participation on this combined project. The City's MBE goal on this combined project is 11 percent. This project is located in COUNCIL DISTRICT 9, Mapsco 62G. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budgets, as appropriated, of the Street Improvements 2008 Fund, Water Capital Projects Fund, and Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P253 541200 609170174283 $20.950.00 P258 541200 709170174283 $50.710.00 C204 541200 209230174283 $653.432.10 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Leon Wilson (8883) ATTACHMENTS MAP 20Pennsylvania.pdf http://apps . cfwnet. org/council_packet/mc_review. asp?ID=1. . . 2/19/2013 City of Fort Worth, Texas Transportation &Public Works Department ADDENDUM No. 1 To the Specifications and Contract Documents For Pennsylvania Avenue Street Extension City Project No. 01742 D.O.E. Project No. 6706 Addendum No. 1 —Issue Date: November 13, 2012 Bid Receipt Date: Thursday, November 29, 2012 at 1:30 PM CST This Addendum No. 1 forms part of the contract documents referenced above and modifies the original Contract Documents and Plans. Acknowledge receipt of this addendum by signing in the space provided below, attaching it to the Contract Documents (inside) and note receipt of the Addendum on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: The Plans and Specification Documents for the above referenced project are hereby revised and amended as follows: 1. The following specifications are to be amended: a. Section 00 45 39—This section is removed from the contract documents. b. Section 00 45 40—The MBE goal on this project is 11%. See attached for sheet replacing page 00 45 40-1 of previous contract documents. c. Section 00 45 41 —This section is removed from the contract documents. All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. HDR Engineering, Inc. Texas P.E. Firm Registration No. F-754 her. O F r.'_IP i ......................*..�i KRI57AL MCILVEENE j r' ......... 9662 �o,�•.<ICENs��'1''.• ,%X'10NAI FN�� Kristal Mcllveene, P.E. November 13, 2012 ADDENDUM NO. 1 November 13, 2012 The Contractor shall acknowledge receipt of this Addendum (1) in the space provided below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED &ACKNOWLEDGED ADDENDUM NO. V. Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of submittal. RECEIPT CKNOWLEDGED: TRANSPORTATION AND PUBLIC WORKS By: By: c Title: P�2 �i ern Leon Wilson, Jr., P.E., Project Manager ADDENDUM NO. 1 November 13, 2012 Page 1 of 2 City of Fort Worth, Texas Transportation & Public Works Department ADDENDUM No. 2 To the Specifications and Contract Documents For Pennsylvania Avenue Street Extension City Project No. 01742 D.O.E. Project No. 6706 Addendum No. 2— Issue Date: November 16, 2012 Bid Receipt Date: Thursday, November 29, 2012 at 1:30 PM CST This Addendum No. 2 forms part of the contract documents referenced above and modifies the original Contract Documents and Plans. Acknowledge receipt of this addendum by signing in the space provided below, attaching it to the Contract Documents (inside) and note receipt of the Addendum on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: The Plans and Specification Documents for the above referenced project are hereby revised and amended as follows: 1. The following specifications are to be amended: a. ADDendix GC-6.06.D Minoritv and Women Owned Business Enterprise Compliance shall be amended to include: (1) MBE Special Instruction to Bidders (2) MBE Subcontractor/Suppliers Utilization Form (Attachment 1A) (3) Prime Contractor Waiver (Attachment 1 B) (4) MBE Good Faith Effort Form (Attachment 1C) (5) MBE Joint Venture Eligibility Form All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. HDR Engineering, Inc. Texas P.E. Firm Registration No. F-754 ?� ...................... KH1bTAL PAclLVEENE +.,........ • ...., 96621t � ��`t\�l�Nti4�`C�•r 'W Kristal Mcllveene, P.E. November 16, 2012 ADDENDUM NO. 2 November 16, 2012 Page 2 of 2 The Contractor shall acknowledge receipt of this Addendum (1) in the space provided below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED &ACKNOWLEDGED ADDENDUM NO. 2". Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of submittal. RECEIP ACKNOWLEDGED: TRANSPORTATION AND PUBLIC WORKS By: By: r Title: . Leon Wilson Jr. P.E. Project Manager ADDENDUM NO. 2 November 16, 2012 Page 1 of 5 City of Fort Worth,Texas Transportation & Public Works Department ADDENDUM No. 3 To the Specifications and Contract Documents For Pennsylvania Avenue Street Extension City Project No. 01742 D.O.E. Project No. 6706 Addendum No. 3—Issue Date: November 27, 2012 Bid Receipt Date: Thursday, November 29, 2012 at 1:30 PM CST This Addendum No. 3 forms part of the contract documents referenced above and modifies the original Contract Documents and Plans. Acknowledge receipt of this addendum by signing in the space provided below, attaching it to the Contract Documents (inside) and note receipt of the Addendum on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: Pertinent clarifications to prospective bidders' questions are as follows: 1. Question: Can you clarify if the contractor is responsible for providing the light poles? Or is the city providing them? Clarification:Street light poles are to be provided by the Contractor. 2. Question: On sheet 2 of the plans, General Construction Notes: Note 5: refers to subsidiary fence work. If there is any fence work to be done on the job, it is not depicted on the plans or apparent on the site. Clarification: This note is included for handling fence anytime it is needed during construction. There is chain link fence near the grading limits northwest of the Pennsylvania/Cannon intersection. It's not anticipated that this fence will need to be removed during construction, but if it is then the contractor must provide temporary fence per Note 5. This note also covers any fence on property used as a staging area. 3. Question: Note 7: There appears to be no pay item for sod, as it appears the intention to revegetate the area with seeding and curlex blanket per bid item number 3-29. Clarification:Sod is now required between the back of curb and sidewalk. Note 7 is revised to require soil retention blanket with grass seed for areas disturbed by construction. 4. Question: Under Paving notes: Note 3: 1 don't understand what fabric the engineer refers to here. Clarification:Note 3 will is removed from the General Notes. ADDENDUM NO.3 November 27, 2012 Page 2 of 5 5. Question: Note 4: City standards have been pretty consistent in requiring 3500 psi concrete for roadway paving; this note says 4000 psi. The typical sections on sheet 38 of the plans refer to paving concrete as required per item 32 13 13, but that section of standard specifications is omitted from the project manual on Buzzsaw. I believe 32 13 13 is 3500 psi for paving. The geotech report, which is included in the project manual, says the paving design strength was 3600 psi. This needs to be clarified. Clarification:For machine-laid concrete, Spec 32 13 13 requires 3600 psi. Note 4 is revised to require 3600 psi minimum. The only specs included in the project manual in Buzzsaw are specs that have been modified from the City standard spec. City standard specs that apply to the project are referenced in the table of contents of the project manual. Spec 32 13 13 can be downloaded from Buzzsaw, the link is in the project manual table of contents. 6. Question: Note 5: states that subgrade stabilization should be 12"thick, a minimum of 28 lbs per SY, and the contractor has to run an expensive lime series test. Elsewhere in the plans the 32 13 13 details on sheet 38 say the lime stabilization is to be 8"thick and requires 40 lbs per SY application rate, and the bid quantities reflect that rate and thickness. Clarification:Note 5 is revised to require 8"subgrade stabilization and remove reference to application rate. Lime application rate is 40 lbs/sy, however lime test should be done according to the geotechnical report to verify the subgrade meets the design assumptions of the geotech report. 7. Question: Section 01 35 13 of the Project Manual makes reference to railroad flagmen and insurance requirements, but the bid specifications don't make it clear whether flagmen would be required. Although the project is adjacent to the UPRR ROW, it doesn't appear that it would require flagmen, as no work is planned for within 25' of the centerline of the tracks. Is there any need for this, and if so, would you add a prebid item for it, as it is usually reimbursed on invoice basis? Clarification:It is not anticipated that flagmen will be required, however if any equipment is used that could potentially encroach within 25'of the rail, flagmen will be required. Use of flagmen therefore will depend upon the location and type of equipment used by the contractor. 8. Question: Items 1-9 and 1-11 should be separated into two items per the specs, (1" water service, and 1"water service, meter relocation). Do the same for 2" service. Clarification:Items 1-10 and 1-12 are removed. Items 1-15 and 1-16 for 1"and 2"water service are added. Specification 33 12 10 will be revised to clarify what is included in the water service meter relocation. 9. Question: Item 2-10, plan sheet 58 shows the css backfill in the pipe zone only which is normal. On plan sheet 60 the dtail is showing css in the final backfill which is not needed. Would you clarify? Clarification: The CSS shown in the profile on sheet 58 is shown only around the pipe so that the existing utilities above the sewer will be clearly displayed. The CSS should be to the horizontal limits shown in the profile and to the bottom of pavement as shown in the final backfill in the Detail D003 on sheet 60. The spec compaction required of regular ADDENDUM NO.3 November 27, 2012 Page 3 of 5 backfill would be very difficult to achieve with the existing utilities in place above the sewer line, and CSS is used because it doesn't require compaction. 10. Question: Item 2-11- You are calling for select backfill here. This would indicate you want to pay to have material brought in. The bore reports show good material on site. I think you really want the backfill to be acceptable material per spec. 33-05-10. That is what you are doing on all other paving projects. Would you clarify. Clarification: Item 2-11 will be removed. Item 2-15, 8"Sewer Pipe, will be added. All references to Select Backfill for sanitary sewers are revised to Acceptable Material as backfill. On-site soils may be used as long as they meet the requirements of Acceptable Material in Spec 33 05 10. The Plans and Specification Documents for the above referenced project are hereby revised and amended as follows: 1. General Notes (plan sheet 2) have been revised: a. General Construction Note 7—Sod is required between the back of curb and sidewalk. Soil retention blanket with grass seed should be used in all other disturbed areas. b. Paving Note 3—This note has been removed. c. Paving Note 4— Required compressive strength for concrete is 3600 psi. d. Paving Note 5—Stabilized subgrade is revised to 8" minimum thickness. Application rates shall follow details on plan sheet 38. 2. The plan sheets have been modified to move the 5' sidewalk along Pennsylvania Avenue away from the back of curb to be 5.5' away from the back of curb. The decorative street light poles have been moved inside of the parkway, and trees and irrigation have been added. Sod is to be planted between the back of curb and sidewalk, on Pennsylvania and at Cannon and 10 Street. The following attached sheets show modifications related to these changes: a. 1, 3, 6-8, 11-17, 19-21, 30-33, 38, & 57-59. 3. The following sheets have been added to the plan set: a. L1: Landscaping Plan b. L2 & L3: Irrigation Plan c. L4: Irrigation Details 4. Quantity modifications are made on the following bid items: a. Item 3-6: 2605.3011 2" CONDT PVC SCH 40 (T) change to 1237 LF b. Item 3-9: 3123.0101 Unclassified Excavation change to 3079 CY c. Item 3-18: 3213.0301 4" Conc Sidewalk change to 5121 SF d. Item 3-42: 3441.3311 Contact Enclosure removed pole mount (contactor enclosure is ground mounted) e. Item 3-53: 9999.0008 #6 XHHW Alum Conductor change to 3711 LF f. Item 3-55: 9999.0010 Barrier Free Ramp, Type P-1 change to 2 EA g. Item 3-56: 9999.0011 Barrier Free Ramp, Type P-2 change to 1 EA 5. The following items are to be added to the Proposal Form: a. Item 1-15: 3312.2003 1"Water Service, 2 EA b. Item 1-16: 3312.2203 2"Water Service, 1 EA c. Item 2-15: 3331.4115 8" Sewer Pipe, 196 LF d. Item 3-58: 9999.0018 Irrigation System, 1 LS e. Item 3-59: 3292.0100 Block Sod Placement, 600 SY ADDENDUM NO. 3 November 27, 2012 Page 4 of 5 and the following Irrigation items are for Contractor's Information Only, these items are subsidiary to the Irrigation System item: f. Backflow Preventer, 1 EA g. Irrigation Controller, 1 EA h. Tree Ring w/ Flush Valve, 24 EA i. 3/4" Class 200 PVC, 1,152 LF j. 1" Irrigation Valve, 1 EA the following items are removed from the Proposal Form: k. Item 1-10: 3312.2004 1" Private Service, 5 LF I. Item 1-12: 3312.2204 2" Private Service, 5 LF m. Item 2-11: 3331.4117 8" Sewer Pipe, Select Backfill, 196 LF Bidders shall use the revised 00 42 43 Proposal Form and "00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls"to summarize and submit their bids. 6. The following specifications are to be amended: a. Section 00 00 00: Table of Contents shall be amended to add Section 99 99 00: Irrigation to the Modified Technical Specifications, and Section 32 93 43: Shrubs and Trees to the Standard Technical Specifications. b. Section 00 73 00: The following insurance requirements shall be added to Section SC-5.04D., "Contractor's Insurance": (1) General Liability Aggregate: $10,000,000 (2) General Liability Each Occurrence: $5,000,000 (3) Automobile: $2,000,000 (4) Railroad Protective Liability Aggregate $6,000,000 (5) Railroad Protective Liability Each Occurrence $2,000,000 (6) Workers Compensation $500,000 c. Section 33 12 10 Water Services 1-inch to 2-inch is amended to clarify items included in Payment of "Water Meter Service Relocate". Connection to the private line and only 5' of service from the meter box to the private line are included. Service line from the meter box to the public line is paid for under New Water Service of applicable sizes. 7. The following specifications have been added: a. Section 99 99 00: Irrigation to the Modified Technical Specifications b. Section 32 93 43: Shrubs and Trees to the Standard Technical Specifications All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. HDR Engineering, Inc. Texas P.E. Firm Registration No. F-754 or PCX • KRIsrALW ILVEENE t 96621 0-04 �y Kristal Mcllveene, P.E. November 27, 2012 ADDENDUM NO. 3 November 27, 2012 Page 5 of 5 The Contractor shall acknowledge receipt of this Addendum (1) in the space provided below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED &ACKNOWLEDGED ADDENDUM NO. 3". Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of submittal. RECEIPT NOWLEDGED: TRANSPORTA ON AND PUBLIC WORKS By: y: Title: P(/(D.C(� �,� Leon Wilson, Jr., P.E., Project Manager ADDENDUM NO. 3 November 27,2012 Page 1 of 2 City of Fort Worth, Texas Transportation & Public Works Department ADDENDUM No. 4 To the Specifications and Contract Documents For Pennsylvania Avenue Street Extension City Project No. 01742 D.O.E. Project No. 6706 Addendum No. 4— Issue Date: November 28, 2012 Bid Receipt Date: Thursday, November 29, 2012 at 1:30 PM CST This Addendum No. 4 forms part of the contract documents referenced above and modifies the original Contract Documents and Plans. Acknowledge receipt of this addendum by signing in the space provided below, attaching it to the Contract Documents (inside) and note receipt of the Addendum on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: 1. Landscaping plans and specifications for trees are for contractor's information only. Trees will be planted by others during the winter following construction. Furnishing and planting of trees is not included in this project. However, the irrigation system shall be installed with tree rings and flush valves as a part of this project. 2. Irrigation System was added to the project in Addendum 3 as Item 3-58. Block Sod Placement was added to the project in Addendum 3 as Item 3-59. 3. Insurance requirements added to Section SC-5.04D in Addendum 3 are required by Union Pacific Railroad. The temporary construction easement for the construction of the retaining wall is on Union Pacific Railroad ROW. Contractors may obtain insurance through any carrier; however, Union Pacific has a Railroad Protective Liability Program made available through a national broker, MARSH. Information on obtaining Railroad Protective Liability Insurance through MARSH can be found at the links below: http://www.uprr.com/reus/rrinsure/insurovr.shtml https://usa.marsh.com/Programs/articleTVpe/ArticleView/articleld/5077/Railroad-Protective- Liability-Insurance--Projects-Under-10000000-and-Does-Not-Exceed-12-Months.aspx 4. The current list of City of Fort Worth Roadway and Pedestrian Lighting Contractors is available on Buzzsaw, under the City's Construction Documents/Contractor Prequalification/Contractor Prequalification Lists/Roadway and Pedestrian Lighting Contractors 4-23-12.pdf ADDENDUM NO. 4 November 28, 2012 Page 2 of 2 The Plans and Specification Documents for the above referenced proiect are hereby revised and amended as follows: 1. Quantity modifications are made on the following bid items: a. Item 1-9: 3312.2001 1"Water Service, Meter Relocation, 2 EA b. Item 1-11: 3312.2201 2"Water Service, Meter Relocation, 1 EA c. Item 1-15: 3312.2003 1"Water Service, 2 EA d. Item 1-16: 3312.2203 2"Water Service, 1 EA Bidders shall use the revised 00 42 43 Proposal Form and "00 41 00 00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls"to summarize and submit their bids. All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. HDR Engineering, Inc. Texas P.E. Firm Registration No. F-754 OF TF�tI .:...................c.;E./ KRISTAL McILVE£NE j ...........96621 .....'.2% A�U��i� I t. Kristal Mcllveene, P.E. November 28, 2012 The Contractor shall acknowledge receipt of this Addendum (1) in the space provided below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 4". Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of submittal. RECEIPT ACKNOWLEDGED: TRANSPORTATION AND PUBLIC WORKS c Title: S( r (/( � Leon Wilson, Jr., P.E., Project Manager ADDENDUM NO.4 November 28, 2012 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of Pennsylvania Avenue Street Extension, City Project No. 6 01742 will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M. CST,Thursday,November 29, 2012, and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 1100 LF of 37' wide concrete 17 pavement, 200 LF of 31' wide concrete pavement, 2700 CY of unclassified excavation, 2500 CY 18 of embankment, site clearing&tree removal, drainage improvements (approximately 330 LF of 19 21-30"RCP), water/sewer improvements, 1200 LF electrical conduit for illumination, 3600 LF 20 pavement markings for bike lanes, and 1500 SF of cast-in-place retaining wall. 21 22 PREQUALIFICATION 23 The improvements included in this project must be performed by a contractor who is pre- 24 qualified by the City at the time of bid opening. The procedures for qualification and pre- 25 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 26 27 DOCUMENT EXAMINATION AND PROCUREMENTS 28 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 29 of Fort Worth's Purchasing Division website at http://www.foi-tworthgov.org/purchasing/ and 30 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 31 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 32 suppliers. Documents will be available beginning on Monday, October 29, 2012. 33 34 35 Copies of the Bidding and Contract Documents may be purchased from HDR Engineering,Inc. 36 which is as follows: 600 W. 6th Street, Suite 100,Fort Worth,TX 76102. Documents will be 37 available beginning on Monday, October 29, 2012. 38 39 40 The cost of Bidding and Contract Documents is: 41 Set of Bidding and Contract Documents with full size drawings: $150 42 43 44 PREBID CONFERENCE 45 A prebid conference will not be held. 46 47 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 48 City reserves the right to waive irregularities and to accept or reject bids. 49 CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised July 1,2011 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 INQUIRIES 2 All inquiries relative to this procurement should be addressed to the following: 3 Attn: Leon Wilson,Jr.,P.E., City of Fort Worth 4 Email: Leon.Wilson@fortworthtexas.gov 5 Phone: 817-392-8883 6 AND 7 Attn: Kristal McIlveene, P.E.,HDR Engineering, Inc. 8 Email: Kristal.Mcllveene@hrdinc.com 9 Phone: 972-960-4482 10 11 Questions regarding the plans must be directed to the City and HDR Engineering before 2:00 PM 12 CST on Monday,November 26, 2012. All addenda will be issued prior to 2:00 PM CST on 13 Tuesday,November 27, 2012. 14 15 ADVERTISEMENT DATES 16 Thursday,October 25, 2012 17 Thursday,November 1, 2012 18 19 20 END OF SECTION CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised July 1,2011 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 7 00-GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person,firm,partnership,company, association, or corporation acting 13 directly through a duly authorized representative, submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder: Any person,firm,partnership, company, association,or 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided) makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified(even if inadvertently opened) shall not be considered. 38 39 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 40 seven(7) calendar days prior to Bid opening, the documentation identified in Section 00 41 45 11,BIDDERS PREQUALIFICATIONS. 42 43 3.2.1. Submission of and/or questions related to prequalification should be addressed to 44 the City contact as provided in Paragraph 6.1. 45 46 CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised August 17,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 2 bidder(s)for a project to submit such additional information as the City, in its sole 3 discretion may require, including but not limited to manpower and equipment records, 4 information about key personnel to be assigned to the project, and construction schedule, 5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 6 deliver a quality product and successfully complete projects for the amount bid within 7 the stipulated time frame. Based upon the City's assessment of the submitted 8 information, a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information,if requested,may be grounds 10 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 11 notified in writing of a recommendation to the City Council. 12 13 3.4.In addition to prequalification, additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid, each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents (including "technical data" referred to in 22 Paragraph 4.2. below). No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 27 site conditions that may affect cost,progress,performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of the Work. 32 33 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 34 contiguous to the Site and all drawings of physical conditions relating to existing 35 surface or subsurface structures at the Site(except Underground Facilities) that 36 have been identified in the Contract Documents as containing reliable "technical 37 data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 38 at the Site that have been identified in the Contract Documents as containing 39 reliable "technical data." 40 41 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 42 the information which the City will furnish. All additional information and data 43 which the City will supply after promulgation of the formal Contract Documents 44 shall be issued in the form of written addenda and shall become part of the Contract 45 Documents just as though such addenda were actually written into the original 46 Contract Documents. No information given by the City other than that contained in 47 the Contract Documents and officially promulgated addenda thereto, shall be 48 binding upon the City. 49 CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised August 17,2012 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Perform independent research, investigations,tests,borings, and such other means 2 as may be necessary to gain a complete knowledge of the conditions which will be 3 encountered during the construction of the project. On request, City may provide 4 each Bidder access to the site to conduct such examinations,investigations, 5 explorations,tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations,investigations, tests and studies. 8 9 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 10 cost of doing the Work, time required for its completion, and obtain all information 11 required to make a proposal. Bidders shall rely exclusively and solely upon their 12 own estimates, investigation,research,tests,explorations, and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation,examinations and tests herein required. Claims 16 for additional compensation due to variations between conditions actually 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. 19 20 4.1.8. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents. The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. 25 26 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 27 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation of the Contract Documents. 30 The logs of Soil Borings, if,any, on the plans are for general information only. 31 Neither the City nor the Engineer guarantee that the data shown is representative of 32 conditions which actually exist. -r 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures (except Underground Facilities)which are at or contiguous to 36 the site that have been utilized by City in preparation of the Contract Documents. 37 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 39 on request. Those reports and drawings may not be part of the Contract 40 Documents, but the "technical data" contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any "technical data" or 44 any other data,interpretations, opinions or information. 45 CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised August 17,2012 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 2 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means, methods, techniques, sequences or 5 procedures of construction(if any) that may be shown or indicated or expressly required 6 by the Contract Documents, (iii) that Bidder has given City written notice of all 7 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 9 etc.,have not been resolved through the interpretations by City as described in 10 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4.The provisions of this Paragraph 4,inclusive, do not apply to Asbestos,Polychlorinated 15 biphenyls (PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 17 Documents. 18 19 5. Availability of Lands for Work,Etc. 20 21 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities,construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way,easements, and/or permits, and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 6. Interpretations and Addenda 42 CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised August 17,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to. Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clarifications will be without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 1000 Throckmorton Street 13 Fort Worth,TX 76102 14 Attn: Leon Wilson,Jr.,P.E,. Transportation and Public Works 15 Fax: 817-392-7854 16 Email: Leon.Wilson@fortworthtexas.gov 17 Phone: 817-392-8883 18 19 20 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 21 City. 22 23 6.3.Addenda or clarifications may be posted via Buzzsaw at 24 https:Hprojectpoint.buzzsaw.com/client/fortworthgov/Infrastructure%20Projects/01742 25 %020-%20Peansylvania- 26 10%20Aye%20to 12%20Ave/Proj ect%o 20Drawings/Addenda%20Drawings 27 28 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 29 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 30 Project. Bidders are encouraged to attend and participate in the conference. City will 31 transmit to all prospective Bidders of record such Addenda as City considers necessary 32 in response to questions arising at the conference. Oral statements may not be relied 33 upon and will not be binding or legally effective. 34 35 7. Bid Security 36 37 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 38 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 39 the requirements of Paragraphs 5.01 of the General Conditions. 40 41 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 42 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 43 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 44 default,rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 45 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 46 other Bidders whom City believes to have a reasonable chance of receiving the award 47 will be retained by City until final contract execution. 48 CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised August 17,2012 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which, or the dates by which,Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or-Equal" Items 11 The Contract, if awarded, will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or"or-equal" items. 13 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 14 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 15 City, application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 18 Conditions and is supplemented in Section 0125 00 of the General Requirements. 19 20 11. Subcontractors,Suppliers and Others 21 22 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 23 12-2011 (as amended), the City has goals for the participation of minority business 24 and/or small business enterprises in City contracts. A copy of the Ordinance can be 25 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 26 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 27 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 28 Venture Form as appropriate. The Forms including documentation must be received 29 by the City no later than 5:00 P.M. CST,five (5) City business days after the bid 30 opening date. The Bidder shall obtain a receipt from the City as evidence the 31 documentation was received.Failure to comply shall render the bid as non- 32 responsive. 33 34 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 35 or organization against whom Contractor has reasonable objection. 36 37 12. Bid Form 38 39 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 40 obtained from the City. 41 42 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 43 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 44 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 45 price item listed therein. In the case of optional alternatives, the words "No Bid," 46 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 47 written in ink in both words and numerals,for which the Bidder proposes to do the 48 work contemplated or furnish materials required. All prices shall be written legibly. 49 In case of discrepancy between price in written words and the price in written 50 numerals,the price in written words shall govern. 51 CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised August 17,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 7 partner, whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 30 to State Law Non Resident Bidder. 31 32 13. Submission of Bids - 33 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 34 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 35 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 36 marked with the City Project Number,Project title, the name and address of Bidder, and 37 accompanied by the Bid security and other required documents. If the Bid is sent through the 38 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope 39 with the notation "BID ENCLOSED" on the face of it. 40 41 14. Modification and Withdrawal of Bids 42 43 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 44 withdrawn prior to the time set for bid opening. A request for withdrawal must be 45 made in writing by an appropriate document duly executed in the manner that a Bid 46 must be executed and delivered to the place where Bids are to be submitted at any 47 time prior to the opening of Bids. After all Bids not requested for withdrawal are 48 opened and publicly read aloud, the Bids for which a withdrawal request has been 49 properly filed may, at the option of the City,be returned unopened. 50 CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised August 17,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates(if any) will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 12 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 17 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder, whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves 22 the right to waive informalities not involving price,contract time or changes in the 23 Work with the Successful Bidder. Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders, Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 38 other persons and organizations proposed for those portions of the Work as to which 39 the identity of Subcontractors, Suppliers, and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs, maintenance requirements, performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility,qualifications, and financial 48 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised August 17,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35% of the value embraced on the Contract, unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded, City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds, Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised August 17,2012 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent(hereinafter also referred to as"you")to a City of Fort Worth (also referred to as"City") procurement are required to complete Conflict of Interest Questionnaire(the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work.The referenced forms may also be downloaded from the website links provided below. d J http://www.ethics.state.tx.us/forms/CIQ.pdf htt_p://www.ethics.state.tx.us/forms/CIS.pdf CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: McClendon Construction Company, Inc By: Dan don PO Box 999 Signature: Burleson, TX 76097 Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xis 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager C/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Pennsylvania Avenue Extension From 12th Avenue to 10th Avenue City Project No.: 1742 Units/Sections: Unit I:Water Improvements Unit II:Sewer Improvements Unit III: Paving and Storm Water Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving, receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. d. "coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 4512_00 35 13—Bid Proposal Workbook.xls v 00 41 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Distribution, Urban and Renewal,8-inch diameter and smaller b. Sewer Collection System, Urban/Renewal,8-inches and smaller c. Concrete Paving Construction/Reconstruction(LESS THAN 10,000 square yards) d. Roadway and Pedestrian Lighting 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 150 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones}within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form,Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form,Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit,Section 00 35 13 "If necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 41 00_00 4313_00 42 43_00 43 37_00 4512_00 3513_Bid Proposal Workbook.xls 0041 00 BID FORM Page 3 of 3 6.3. Total Base Bid $725,092.10 Total Bid $725,092.10 7. Bid Submittal This Bid is submitted on 11/29/12 by the entity named below. Respectfu su fitted, Receipt is acknowledged of the following Addenda: Initial By: Addendum No. 1: DM (Signature) Addendum No.2: DM Addendum No.3: DM Dan McClendon Addendum No.4: DM (Printed Name) Title: President Company: McClendon Construction Company, Inc Corporate Seal: Address: PO Box 999 Burleson,TX 76097 State of Incorporation: Texas Email: dan(apmcclendonconstruction.com Phone: 817/295-0066 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls 00 42 43 BID PROPOSAL Paget oft SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of No Description Section No. Measure Bid Quantity Unit Price Bid Value Unit I:Water Improvements 1-1 0241.1102 6"Pressure Plug 0241 14 EA 1 $650.00 $650.00 1-2 0241.1302 Remove 6"Water Valve 0241 14 EA 1 $350.00 $350.00 1-3 0241.1510 Salvage Fire Hydrant 0241 14 EA 1 $450.00 $450.00 1-4 3305.0108 Miscellaneous Structure Adjustment 33 05 14 EA_ 1 $3,100.00 $3,100.00 _ - _ 1-5 3305.0111 Valve Box Adjustment 330514 EA 3 $400.00 $1,200.00 1-6 3311.0001 Ductile Iron Water Fittings 3311 11 TON 0.3 $7,000.00 $2,100.00 1-7 3311.0163 6"PVC Water Pipe,Select Backfill 3311 12 LF 20 $45.00 $900.00 1-8 3312.0001 Fire Hydrant 331240 EA 1 $3,150.00 $3,150.00 1-9 3312.2001 1"Water Service,Meter Relocation 33 12 10 EA 2 $350.00 $700.00 1-11 3312,2201 2"Water Service,Meter Relocation 33 12 10 EA 1 $650.00 $650.00 1-13 3312.3002 6"Gate Valve 33 122 EA 1 $850.00 $850.00 1-14 9999.0000 Install Gate Valve Stem Extension EA 1 $250.00 $250.00 1-15 3312.2003 1"Water Service 331210 EA 2 $1,650.00 $3,300.00 1-16 3312.2203 2"Water Service 34 12 10 EA 1 $3,300.00 $3,300.00 _ Unit II:Sewer Improvements 2-1 0241.2013 Remove 8"Sewer Line 0241 14 LF 20 $11.00 $220.00 2-2 0241.2103 8"Sewer Abandonment Plug 0241 14 EA 2 $350.00 $700.00 2-3 0241.2201 Remove 4'Sewer Manhole 02_41 14 EA 2 $550.00 $1,100.00 2-4 3201.0614 9"Cone Pvmt Repair 32 01 29 SY_ 86 $55.00 $4,730.00 2-5 3301.0001 Pre-CCN Inspection 3301 31 LF 90 $6.00 $540.00 2-6 3301.0101 Manhole Vacuum Testing 33 01 30 EA 4 $150.00 $600.00 2-7 3305.0106 Manhole Adjustment,Major 336514 EA 1 $2,300.00 $2,300.00 2-8 3305.0112 Concrete Collar 33 05 17 EA 5 $100.00 $500.00 2-9 3305.0113 Clay Dams 33 05 15 EA 1 $500.00 $500.00 3331.4116 8"Sewer Pipe,CSS Backfill 3311 10 2-10 3331 12, LF 33.3120 40 $130.00 $5,200.00 2.12 3339.0001 Epoxy Manhole Liner 33 39 60 VF 29 $160.00 $4,640.00 2-13 3339.1001 4'Manhole 33 39 10, 33 39 20 EA _ 3 $2,950.00 $8,850.00 2-14 3339.1002 4'Drop Manhole 33 39 10, EA 33 39 20 1 $5,150.00 $5,150.00 3331.4115 8"Sewer Pipe 3311 10, 2-15 3331 12, LF 3331 20_ 196 $8.0.00 $15,680.00 Unit III:Paving and Drainage Improvements 3-1 0241.0401 Remove Concrete Drive 0241 13 SF 187 $1.00 $187.00 3-2 0241.0550 Remove Guardrail 0241 13 LF 28 $10.00 $280.00 3-3 0241.0700 Remove Mailbox 0241 13 EA 1 $75.00 $75.00 3-4 0241.1000 Remove Cone Pvmt 0241 15 SY 179 $7.50 $1,342.50 3-5 0241.1100 Remove Asphalt Pvmt 0241 15 SY 925 $5.00 $4,625.00 3-6 2605.3011 2"CONDT PVC SCH 40(T) 26 05 33 LF 1237 $5.00 $6,185.00 3-7 3110.0101 Site Clearing 31 1000 LS 1 $32,495.00 $32,495.00 3-8 3110.0104 18"-24" Tree Removal 31 1000 EA 3 $550.00 $1,650.00 3-9 3123.0101 Unclassified Excavation 31 2316 CY 3079 $13.50 $41,566.50 3-10 3124.0101 Embankment 31 2400 CY 2477 $8.50 $21,054.50 3-11 3125.0101 SWPPP z 1 acre 31 25 00 LS 1 $8,500.00 $8,500.00 3-12 3137.0101 Concrete Riprap 31 3700 SY 2 $150.00 $300.00 3-13 3137.0104 Medium Stone Riprap,dry 3137 00 SY 24 $87.00 $2,088.00 3-14 3211.0400 Lime 321129 TN 111 $145.00 $16,095.00 3-15 3211.0502 8"Lime Treatment 3211 29 SY 5540 $3.50 $19,390.00 3-16 3212.0401 HMAC Transition 321216 TN 19 $250.00 $4,750.00 3-17 3213.0104 9"Cone Pvmt 32 13 13 SY 5191 $39.50 $205,044.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised November 28,2012 Addendum#4 Copy of 00 41 0000 43 1300 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook-As 00 42 43 BID PROPOSAL Page 2 or 2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidtist Item Specification Unit of No. Description Section No. Measure Bid Quantity Unit Price Bid Value 3-18 3213.0301 4"Conc Sidewalk 32 13 20 SF 5121 $4.00 $20,484.00 3-19 3213.0401 6"Concrete Driveway 32 13 20 SF 709 $5.50 $3,899.50 3-20 3216.0102 7"Conc Curb and Gutter 32 16 13 LF 24 $19.00 $456.00 3-21 3217.0009 4"SLD Pvmt Marking Paint(W) 32 17 23 LF 1787 $0.95 $1,697.65 3-22 3217.0010 4"SLD Pvmt Marking Paint(Y) 32 17 23 LF 1770 $0.95 $1,681.50 3-23 3217.1002 Lane Legend Arrow 32 17 23 EA 8 $215.00 $1,720.00 3-24 3217.1006 Lane Legend Bike 32 17 23 EA 8 $295.00 $2,360.00 3-25 3217.1007 Lane Legend Sharrow 32 17 23 EA 2 $325.00 $650.00 3-26 3217.2103 REFL Raised Marker TY II-A-A 32 17 23 EA 23 $4.35 $100.05 3-27 3232.0203 TxDOT Std Ret Wall-RW 1(L)C 32 32 13 SF 1721 $39.00 $67,119.00 3-28 3291.0100 Topsoil 3291 19 CY 616 $16.00 $9,856.00 3-29 3292.0500 Seeding,Soil Retention Blanket 32 92 13 SY 5544 $1.35 $7,484.40 3-30 3301.0002 Post-CCN Inspection 3301 31 LF 330 $2.00 $660.00 3-31 3305.0109 Trench Safety 33 05 10 LF 544 $2.00 $1,088.00 3-32 3341.0202 21"RCP,Class IV 3441 10 LF 98 $95.00 _ $9,310.00 3-33 3341.0205 24"RCP,Class 111 3341 10 LF 18 $100.00 $1,800.00 3-34 3341.0206 24"RCP,Class IV 3341 10 LF 180 $110.00 $19,800.00 3-35 3341.0303 30"RCP,Class IV 3341 10 LF 34 $125.00 $4,250.00 3-36 3349.1003 24"Flared Headwall,1 pipe 33 49 40 EA 1 $2,750.00 $2,750.00 3-37 3349.1105 30"Flared Headwall,2 pipes 33 49 40 EA 1 $3,150.00 $3,150.00 3-38 3349.6001 10'Recessed Inlet 33 49 20 EA 7 $3,600.00 $25,200.00 3-39 3441.1502 Ground Box,Small,wt Lid Apron 3441 10 EA 2 $500.00 $1,000.00 3-40 3441.3021 Ornamental Assmbly,Simple 3441 20 EA 15 $2,500.00 $37,500.00 3-41 3441.3303 Rdwy Ilium Foundation TY 7 34 41 20 EA 15 $580.00 $8,700.00 3-42 3441.3311 Contact Enclosure 34 41 20 EA 1 $2,610.00 $2,610.00 3-43 3441.3411 Reconnect Conductor 3441 20 EA 3 $100.00 $300.00 3-44 3441.4006 Install Alum Sign Ground Mount 3441 30 EA 8 $350.00 $2,800.00 3-45 3441.4007 Install Alum Sign Ex Pole Mount 3441 30 EA 4 $395.00 $1,580.00 3-46 3471.0001 Traffic Control 3471 13 MO 6 $600.00 $3,600.00 3-50 9999.0001 Salvage&Relocate Ex.Street Sign 34 41 30 EA 1 $500.00 $500.00 348 9999.0003 Metal Beam Guard Fence 99 99 00 LF 288 $20.00 $5,760.00 3-49 9999.0004 Downstream Anchor Terminal 99 99 00 EA 1 $1,200.00 $1,200.00 3-47 9999.0005 Type I Single Guardrail Terminal 99 99 00 EA 1 $2,350.00 $2,350.00 3-51 9999.0006 4"Mow Strip 32 13 20 SF 1402 $3.50 $4,907.00 3-52 9999.0007 Type F Ped Rail 99 99 00 LF 190 $85.00 $16,150.00 3-53 9999.0008 #6 XHHW Alum Conductor 34 41 20 LF 3711 $1.00 $3,711.00 3-54 9999.0009 Barrier Free Ramp,Type M-1 32 13 20 EA 1 $550.00 $550.00 3-55 9999.0010 Barrier Free Ramp,Type P-1 33 13 20 EA 2 $450.00 $900.00 3-56 9999.0011 Barrier Free Ramp,Type P-2 34 13 20 EA 1 $1,100.00 $1,100.00 3-57 9999.0012 Barrier Free Ramp,Type R-1 35 13 20 EA 1 $850.00 $850.00 3-58 9999.0018 Irrigation System(includes meter&tap) 99 99 00 LS 1 $4,900.00 $4,900.00 3-59 3292.0100 Block Sod Placement 1329213 Sy 600 $2.20 $1,320.00 Bid Summary Unit I:Water Improvements $20,950.00 Unit II:Sewer Improvements $50,710.00 Unit III:Paving and Drainage Improvements $653,432.10 Total Bid $725,092.10 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised Nei ember 28,2012 Addendum 94 Copy of 00 41 00_00 43 13_00 42 43_1x143 37_00 45 12_00 35 13_Bid Proposal Workbookds 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 our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. D BIDDER: McClendon Construction Company, Inc 0. an McClendon PO Box 999 (Signature) Burleson,TX 76097 Title: President Date: ` END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 00 41 00_00 4313_00 42 43_00 43 37_00 4512_00 3513_Bid Proposal Workbook.xls 0045 11 -1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids.To be eligible to bid the contractor must submit Section 00 45 12,Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7)days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements,if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter,Articles 23 of Incorporation,Articles of Organization, Certificate of Formation,LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised July 1,2011 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual,corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not,in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America.This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion, or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter,in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None"or"N/A" should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised July 1,2011 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised July 1,2011 00 45 12 BID FORM Page 1 of 1 SECTION 00 4512 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water Distribution, Urban and Renewal, 8-inch diameter and Woody Contractors Current smaller Sewer Collection System, Urban/Renewal, 8-inches and Woody Contractors Current smaller Concrete Paving Construction/Reconstruction McClendon Const Co Inc Current (LESS THAN 10,000 square yards) Roadway and Pedestrian Durable Specialties Inc Current Lighting The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: McClendon Construction Company, Inc an McClendon PO Box 999 (Signature) Burleson, TX 76097 Title: President Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Copy of 00 41 00_00 43 13_00 42 43 00 43 37_00 45 12_00 35 13 Bid Proposal Workbook.xls FORTWORTH SECTION 00 4513 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet , Mark only one: Q Individual QLimited Partnership Name under which you wish to qualify Q General Partnership Q Corporation Q Limited Liability Company Post Office Box City State Zip Code Street Address (required) City State Zip Code Telephone Fax E-mail Address Area Code Number Area Code Number Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONNAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION' 0045 13- BIDDER PREQUALIFICATION APPLICATIG.. Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm. (Check the block(s) which are applicable-Block 3 is to be left blank if Block 1 and/or Block 2 is checked) has fewer than 100 employees and/or has less than$6,000,000.00 in annual gross receipts OR does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches, and 350 LF or less Tunneling-36-Inches—60—inches, and greater than 350 LF Tunneling—66" and greater, 350 LF and greater Tunneling—66" and greater, 350 LF or Less Cathodic Protection Water Distribution,Development, 8-inch diameter and smaller Water Distribution,Urban and Renewal, 8-inch diameter and smaller Water Distribution,Development, 12-inch diameter and smaller Water Distribution,Urban and Renewal, 12-inch diameter and smaller Water Transmission,Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission,Development,42-inches and smaller Water Transmission,Urban/Renewal, 42-inches and smaller Water Transmission,Development,All Sizes Water Transmission,Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV,42-inches and smaller CCTV,48-inches and smaller Sewer CIDP, 12-inches and smaller Sewer CIDP, 24-inches and smaller CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIDP,42-inches and smaller Sewer CIPP,All Sizes Sewer Collection System,Development, 8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System,Development, 12-inches and smaller Sewer Collection System,Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development,24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development,48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement,All Sizes Sewer Cleaning,24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 10,000 square yards) Asphalt Paving Construction/Reconstruction(10,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 10,000 square yards) Concrete Paving Construction/Reconstruction(10,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH TANDARD CONSTRUCTION SPECIFICATION DOCUMENTS __,,EVISED July 1,2011 0045 13- BIDDER PREQUALIFICATION APPLICATIG. Page 4 of 8 1.List equipment which you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present business name? List previous business names 3. How many years experience in construction work has your organization had: (a)As a General Contractor: (b)As a Sub-Contractor? 4. *What projects has your organization completed in Texas and elsewhere? LOCATION NAME AND DETAILED CONTRACT CLASS OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL AMOUNT WORK COMPLETED STATE TO WHOM YOU REFER If requalifying only show work performed since last statement. 5. Have you ever failed to complete any work awarded to you? If so, where and why? 6. Has any officer or owner of your organization ever been an officer or owner of another organization that failed to complete a contract? If so, state the name of individual, other organization and reason. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state ',the name of individual, name of owner and reason. 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City?If so, when and to whom do you refer? �10. Give names and detailed addresses of all producers from whom you have purchased principal materials during the last three years? NAME OF FIRM OR COMPANY DETAILED ADDRESS a 1. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. ''12. What is the construction experience of the principal individuals in your organization? NAME PRESENT POSITION YEARS OF MAGNITUDE AND IN WHAT CAPACITY OR OFFICE CONSTRUCTION TYPE OF WORK EXPERIENCE CITY OF FORT WORTH JANDARD CONSTRUCTION SPECIFICATION DOCUMENTS __`EVISED July 1,2011 0045 13- BIDDER 3BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee,please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse,child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives I care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CORPORATION BLOCK PARTNERSHIP BLOCK I If a corporation: If a partnership: State of Incorporation State of organization ' Date of Incorporation Date of organization Charter/File No. Is partnership general, limited,or registered limited liability partnership? President Vice Presidents File No. (if Limited Partnership) General Partners/Officers: Limited Partners (if applicable): Secretary Treasurer LIMITED LIABILITY COMPANY BLOCK If an LLC: Individuals authorized to sign for partnership: State of Incorporation: Date of Organization: File No. Officers or Managers (with titles, if any): Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised.Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution,corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment TOTAL BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 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 I Various - TOTALI Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment,reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. CITY OF FORT WORTH "TANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -1"EVISED July 1,2011 0045 13 BIDDER PREQUALIFICATION APPLICATIG. Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as wall as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. ,being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing stsatement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer,director,or stockholder or relative thereof. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 01742. Contractor further certifies that,pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 z nt .' .-ti -tic 12f tit. . ett�x f. By: DAN E f L DWI, PRESIDENT 13 ComAftson,TX 7 1 ase Print) 14 15 Signature: 16 Address 17 18 Title: BAN NKLENMON, PRESIDENT 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME, the undersigned althorny, on this day personally appeared 27 DAN NUCLU-10 0�l, PRESN 9 , known to me to be the person whose name is 28 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 29 the act and deed of for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this // ` day of 33 , 201 34 35 36 ntdw o.,(�;2.ar,V 37 Notary blc in and for the State of Texas 38 39 END OF SECTION :''P "' °��: MARY J.PORTER * *= MY COMMISSION EXPIRES �;P September 17,2016 40 '" � CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised July 1,2011 004540-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page I of l 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 6 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 7 subcontracting goal is not applicable. 8 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 11 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 13 14 MBE PROJECT GOAL 15 The City's MBE goal on this project is 11% of the total bid (Base bid applies to Parks and 16 Community Set-vices). Note: If both MBE and SBE subcontracting goals are established for this 17 project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 18 deemed responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 22 required to comply with the intent of the City's Business Diversity Ordinance by one of the 23 following: 24 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 25 2. Meet or exceed the above stated VIBE goal through MBE Joint Venture participation,or 26 3. Good Faith Effort documentation,or; 27 4. Waiver documentation. 28 Failure to comply with the City's Business Diversity Ordinance shall result in the Bid being 29 considered non-responsive. Any questions, please contact the M/WBE Office at(817)212-2674. 30 31 SUBMITTAL OF REQUIRED DOCUMENTATION 32 The applicable documents must be received by the Managing Department, within the following 33 times allocated, in order for the entire bid to be considered responsive to the specifications. The 34 Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing 35 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 36 documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if participation is less than the bid opening date,exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form, if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal, the bid opening date,exclusive of the bid opening date. 37 END OF SECTION CITY OF FORT WORTH Pennsylvania Avenue Street Extension STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01742 Revised November 14,2012 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on FEB 19 20113 is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and McClendon Construction Company, Inc., authorized to do business in Texas, 6 acting by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Construction of Pennsylvania Avenue from Tenth Street to West Cannon Street 16 City Proiect#: 01742 17 Article 3. CONTRACT TIME J18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within ISO days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fifty and no/100> Dollars ($650.00) for each day that expires after the 33 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 34 of Acceptance. i 1 5 I CITY OF FORT WORTH Construction of Pennsylvania Ave. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#:01742 Revised August 17,2012 005243-2 Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of Seven Hundred Twenty-five Thousand Ninety-two 38 and 10/100.................................................................. Dollars($725,092.10). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents (project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 It. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CITY OF FORT WORTH Construction of Pennsylvania Ave. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cit),Project#:01742 Revised August 17,2012 005243-3 Agreement Page 3 of 4 74 Article 6.INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the citv. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs,expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees,from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act,omission or negligence of the city. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions, 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. } 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Consb-irction of Pennsylvania Ave. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#:01742 Revised August 17,2012 005243-4 Agreement Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 127 Contractor: City of Fort V&rth !' McClendon Construction Company, Inc. B !1 Fernando Costa ff By: Assistant City Manager (Signature) BAN McCLLNDOIN, erILSIDENT Date / Attest: (Printed Name) City Secretary =U tj� Title: DAPS WGLENDON, PRESIDENT (Seal) ��4 A► d o�� 4<. p � Address: d. PO Box 999 M&C C -Z6,/0 y Burleson, TX 76097 Date: 2 D�� ,p City/State/Zip: arov to Form and Legality: an AuSSCya4'' Date Doug'l'as . Black Assistant City Attorney y� 128 4 129 130 APPROVAL RECOMMENDED: 131 132 133 w' 134 Doug Wir ig, P.E. 135 DIRECTOR, 136 Transportation Parblic Works 137 Rij CITY OF FORT WORTH Consbziclion of Pennsylvania Ave. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#:01742 Revised August 17,2012 0061 13-1 PERFORMANCE BOND Pagc 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND Bond No. TXC 604813 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we,McClendon Construction Company,Inc.,known as"Principal"herein and 9 Merchants Bonding Company ,a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one I 1 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of Texas,known as"City"herein, in the penal sum of,Seven Hundred 13 Twenty-five Thousand Ninety-two and 101100 Dollars($725092.10 , lawful money of the 14 United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which sum 15 well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors and 16 assigns,jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the day of F D) t 9 2 3 ,20l,which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders,as provided for in said Contract designated as Construction of Pennsylvania Ave from 22 Tenth Street to West Cannon Street, City Project#: 01742 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 26 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division, CITY OF FORT WORTH Construction of Pennsylvania Ave. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project N:01742 Revised July 1,2011 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 5 this instrument by duly authorized agents and officers on this the �' �r day of 6 ,20 7 PRINCIPAL: 8 McClendo onstruction Company, Inc. 9 10 11 BY: 12 Signature 13 A7h ,(,-,__ 14 15Dan McClendon, President 16 (Princlp 1) ec etary Name and Title 17 1 :7 18 Address: Po Box 996 19 Burleson, TX 76097 20 21 22ess as 23 4 SURETY: 24 Merchants Bonding jezpmny 25 26 27 �. 28 Sign e 29 30 Jennifer J. Clark, Attorney-in-Fact 31 Name and Title 32 33 Address: 2100 Fleur Drive 34 Des Moines, IA 50321 35 36 !f2�aLI 37 Witness as to Surety r Telephone Number: (515) 243-8171 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation, if 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH Comtruvion of Penw)fvonia Ave. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cin,Project 0:01702 Revised July 1,2011 0061 14-1 PAYMENT BOND Page 1 of 2 l SECTION 00 6114 Bond No. TXC 6 04 813 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, McClendon Construction Company, Inc., known as "Principal' herein, and 8 Merchants Bonding Company a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 1 I corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of Seven Hundred Twenty-five Thousand Ninety-two and 10/100........... Dollars 13 ($725.092.101, lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 15 executors,administrators,successors and assigns,jointly and severally,firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 day of FES I `` . 20___, which Contract is hereby referred to and 18 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 19 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 20 said Contract and designated as Construction of Pennsylvania Avenue from Tenth Street to West 21 Cannon Street, City Project #; 01742. 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 Comtruction ofPennsylvanla Air. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciq-Project a:01742 Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 ort 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this theFEB 19 Zu'i'day of 3 .20 4 PRINCIPAL: McClendon Construction Company, Inc. ATTEST: By; Si ature Z ��, �A A A Dan McClendon, President (Ff&i ipa1)Secre Name and Title Address: Po Box 996 Burleson, TX 76097 ez—as t0 SURETY: Merchants Bonding Company ATTEST: BY: S'gna re ( QQQ r�,—PC) ,-nQ Jennifer J. Clark, Attorney-in-Fact (Surety)Secretary I� Name and Title Address: 2100 Fleur Drive Des Moines, IA 50321 witfies4 as to Surety Surety Telephone Number: c 515> 243-8171 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. if Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH Coralrucllon of Penmylvania Ave. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project s:0J 742 Revised July 1,2011 0061 19-1 MAINTENANCE BOND Page I of 3 1 SECTION 00 6119 2 MAINTENANCE BOND Bond No. TXC 6 04 813 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we McClendon Construction Company.Inc.,known as"Principal'herein and 9 Merchants Bonding Company ,a corporate surety(sureties,if more than 10 one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein, in the sum of Seven Hundred 13 Twenty-five Thousand Ninety-two and 101100...............................Dollars($725.092.10), 14 lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for payment 15 of which sum well and truly be made unto the City and its successors,we bind ourselves, our 16 heirs,executors,administrators, successors and assigns,jointly and severally, firmly by these 17 presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the day of FED 19 2013 ,20_,which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 22 materials,equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 24 the"Work")as provided for in said contract and designated as Construction of Pennsylvania 25 Avenue frons Tenth Street to West Cannon Street, City Project #: 01742;and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 31 32 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CRY OF FORT WORTH Construction of Penni)4mia Awnue STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project e: 0t 742 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work,it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond;and 11 12 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie'm 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division;and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CRY OF FORT WORTH Comimclion of Pennsylvanla Awnue STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CIryProject#: 01 742 Revised July 1,2011 0061 19.3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the day of J 4 3 ,20 4 5 PRINCIPAL: 6 McClendon Construction Company, Inc. 7 8 9 BY: 10 Signature 11 ATT' 12 13 Dan McClendon, President 14 (PA'06ipao Secretary Name and Title 15 16 Address: Po Box 996 17 Burleson, TX 76097 18 19 20 ess as t pal 21 SURETY: 22 Merchants Bonding Company 23 24 25 B;� 26 Signature 27 28 Jennifer J. Clark, Attorney-in-Fact 29 ATTEST: Name and Title 30 31 �IQQ� ���'YYIL) Address: 2100 Fleur Drive 32 (Surety)Secretary Des Moines, IA 50321 33 - 34 35 Witnc s as to Surety Telephone Number: (515) 243-8171 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH Construction of Penns)Jvorrla Avenue STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City project>f: 01742 Revised July 1,2011 MERCHANT BONDING COMPANY IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. f ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. i SUP 0032 TX(1/09) MERCHANT? 77 k BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint, individually, Betty J Reeh; Bryan K Moore; Gary Wayne Wheatley; Jennifer J Clark; Joseph Hal Clayburne; Michael D Hendrickson; Pat J Moore; Richard A Deal of San Antonio and State of TX their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign,execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION($3,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of January , 2012. f�lOf��l(�'''•, •'*D�NG'CD ;6 MERCHANTS BONDING COMPANY(MUTUAL) rai;:t00� ��Q+= ;•O��O�P�9q��y,�: MERCHANTS NATIONAL BONDING,INC. �1;�': PC03 'n`- 1933 mac; By STATE OF IOWA .`�+ •••�•. •••' COUNTY OF POLK ss. """""11...,. '•"'• President On this 1st day of January , 2012,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. r MARANDA GREENWALT Commission Number 770312 My Commission Expires O1N" October 28,2014 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Wheyea�I have hgreunto set my hand and affixed the seal of the Companies on this day of( ...711!..1. 0•QO 300 OeaoRq •�:c �*//�^tee/ G✓ : 2 y'`: u � -o- Q • . PC43 { :a's 1933 ;c• Secretary POA 0014 (11/11) �>+`y.. ....•;��ti, b�'Ki �1�•: 7 ® DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 2/8/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). `PRODUCER CONTACT ( NAME: Donna Mobley IBTX Risk Services DFW E., -989-7100 - FAX - - "C' /C No 6363 N. State Hwy 161, Suite 100 E-MAIL 'Irving TX 75038 ADDRESS: - INSURER S AFFORDING COVERAGE NAIC# INSURER A.-AMermSUre Mutual Ins CO 23396 INSURED INSURER B: ,McClendon Construction Co, Inc. INSURER C: PO Box 996 INSURER D: Burleson TX 76097 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:670871296 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY -� GENERAL LIABILITY CPP2051702 /31/2013 /31/2014 EACH OCCURRENCE_ $1,000,000 DAMAGE TO X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $10,000 I„ PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO- LOC $ A AUTOMOBILE LIABILITY CA2051701 /31!2013 /31/2014 Ea aBcideDISINGLE LIMITS IMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ � AUTOS AUTOS NON-OWNED PROPERTY erOP Eiden DAMAGE X HIRED AUTOS X AUTOS $ A X UMBRELLA LIAR X OCCUR CU 2051703 /31/2013 /31/2014 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED I X I RETENTION$0 $ WORKERS COMPENSATION C-2051704 /31/2013 /31/2014 X O STATUS RY LIMITS OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under lyDESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The General Liability and Automobile policies include a blanket automatic additional insured endorsement[CG7085 12/11 &CA7118 11/09] ":hat provides this feature only when there is a written contract between the named insured and the certificate holder that requires such ;status.The General Liability,Automobile, and Workers'Compensation policies include a blanket automatic waiver of subrogation -indorsement[CG7063 12/11, CA7118 11/09&WC420304A]that provides this feature only when there is a written contract between the (named insured and the certificate holder that requires such status. Primary Non-Contributory wording per endorsement[CG7085 12/11]. .Cancellation per attached [IL7045 05/07]. 'See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Street Fort Worth TX 76104 ALITHORIZED REPR SE TATIVE C� ©1988-2010 ACORD CORPORATION. All rights reserved. ACIDRD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: A�Rcn ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED IBTX Risk Services DFW McClendon Construction Co, Inc. POLICY NUMBER PO Box 996 Burleson TX 76097 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE: Pennsylvania Avenue Street Extension, City Project No. 01742 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 e it THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ongoing operations,as respecb Uds provision,does nol applyto'bodiy hjury ar'pmpedy damage' accurrirgafler. TEXAS (a) All work including materials,pads a wwaxnenl furnished In conneUbnwnhauchworkon the pmjod JCONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT (omerthmsamce,mdnferishearepairs)tobeped«rredbyormbehalfofthemditonal insumd(s)at She site of the mvared operatonshas been completed;Or This endorsement mxiftainsurance provided underStefilbwing: (b) Thal podlonofyourwoW oul of which the lryury ardarnage arises has been put to lbinlended use byany person or agaN7atbn other than another conbactoror subcontractorergaged N porhanning COMMERCI LGENERAL LIABILITY COVERAGEFORM operations fare principal as apart of he_project. of he wriften J Pdlky Numhar Agency Numher PollryERoNlw Deb h, �radarwriinertoDar_I.In the DeclarabonsoftNs pocky The EMisoflnsuranceapablto theaddilloruit insured am the Ideas of(twee spedned In tplicebletolho CPP2051702 0755308 01/31/zo11 additional insured are Inclusive of and not In adddion to the llmdsof Yuurance ahwm In the Declaretlons. Policy Exp6reUoNCaneellallon Data Data Account Number a The additional Insured status provided by this wdomamenl does not extend beyond the exp!rdlon or 01/11/2014 of/3o/2o13 tartninalon of a promises lease or rental agmrmant nor beyond the term or this policy. Named Insured Agency Issuing Company d. its wrNen contractorwritlen egmemenl as mitred above mgrlme,that additional Insured stotus be CLeHOOH cONSTauCTxoH Co., INc. TBTY RISK SERVICES-BAN ANERIBIIRE IIOfOAL provided bythe use of CG 20101185,then ds leans of that arlorsement,whlCh are it—bekm,am 11MONI0 INERISM 14=ANY hmrporsted Into thus endoeemenl aamspectsaudt additional Insured.W are exlntmat x=111 mr,do not msUlcl coverage otherwise provided by W s endorsement 1. SECT1GN11-WN0 ISANINSUREDIs amerrdedtoaddasanlnsured anypersonaorgeatdlonwhomyou ADDITIONAL INSURED-OWNERS,LESSEESOR are required to add as an additional lmumd onthls policyundera wdtencontractor wdtim agreement raising CONTRACTORS(FORM B) toyourbuvness.The written mntraclorwrnlon agreement ruslrequlreaddllional Insured dalasfora time period during the lean of this policyand be executed prior to Use-bodliy bsjur,'propedy donage',or-persons This endorsement maBaes Insurance provided under the followingr. and adlif islre Injury giving doe to a claim uMerlhis policy.If,however,'yourwork'was commenced under a letlerof Intent or work order,subject to a subsequent mdscdon lowrding within 30 days(an such COMMERCIAL GENERAL LIABILITY COVERAGE PART. camrencernent and wiar wslanerswhose cuslanarycontmcts mWire they be named as additional Inaaads, we will provide additional Insured status as apecMrs ed h this andoament. SCHEDULE However,gym haw entered Into a mnsimGion Contract subject toSubhapiarC of Chapter 151 of Sublille C Name of Person or Organa-firm Blenko(Whero Required by Written Contract or of Tine 2 of the Toms Insurance Coda with the addlUoral Insured,Use Insurance afforded to such parson(s)or Agreemer8 that the terms of CG 20 10 1185 apply. mgantzalkn(s)onlyapplies to the extent pemhafed by Subc apterC of Chapter 151 of Subtitle C of Title 2 of (If m entry appears above,information required toconp'e(e this endo,sement win the To..I=—Code. be shown In the Declarations as applicable to Ids eihdOraertlenL) 2. SECTION II-WHO IS AN INSURED is amended to add the following: WHO IS AN INSURED(Section 11)Is,em.rded to Include as an insured the person If the additional Insured Is: or organization shown In She S heduIa.but Only with mspecl to liability ending out of 'yarwod'fa that Insured by«for you. a An individual,their spouse is also an addBmal Insured. Copyright,Insurance Services Office,Inc.,1984 b. A parhershlp orjolnl venlure,members,padre aers,and their spouses ealso additional Insureds. GO 20 10 u A lMned llablliycompany,member and managers are also additional Insureds. Thelnew.ce p1185 d. Ano rkallon other man a parinarsNp,Jobd venture or ilmtled liability e. .P-1ancepmWdedlomeadllsIng out of wchitets,wot apply inder"orsurveyc smadeanflafo or tie ly we also aexecutivelacers and idgme I.render rang prune doral ervic outCl an erdut not,eneIneer'e,awrveyor9 randerhg mor alreu7om or the agarvzatkn are also additional Insureds.sloakndaers araalm adarforellmsureds.but r.naemrerder amypror siamal.eMma rhatudrg bol ma limned to: onlywim respect to their Ilablllty as stockholders. e. A Dust,trustees are also insureds,but onlywith respect to their dales as trustees. I1) The preparing,change eorder,"sign ingloprapaear approve mapa,tlrewings,opinions,reports, surveys,orange oroere,dealgn epeclkatlos;and 3. The Insurance provided to the additional Insured under Ws endorsement is lhnaed as foavvs: (2) Supervisory,Inspectlm,or engineering sen5rns. a. That person ororgaM7ellon is only an addiloal Insured with respect to 11,bilay msing our of, f. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,pa reg mph 4,Omer In durance is (1) Pmmisesywowm,mnt,loaw,oroccupy;or delaledandrepiacedwilhthetabwing: (2) Yourongoingopere0ors,unlossihe wrlSemmnbactorwr0/an agreement also requires axnpleled 4. Otherinsuranee. operationscoverage(orwordkV to the same eRacQ,In which Case the coverage provided shag AnymverageprovidedInratsendoaemery IsexcessavertinyolhawlidandaAodbl0ln mu avdlebteto extend to yourarnpleled operations for that additional insured. the add'Monal Insured whether primary,excess,conBgard,anon any other basis unless the wrlaen contract a Premises,tie respects Uva provision,shad Include common or public areas about such premises If so written agreement requires that this Irismanee p be rbnery,In whihcaea this Insurance x111 be primary without required In the written Contract or written agreemera. Insult-from auch other Insurance available to the addlknal toured. Arid wide mpyrlghted material of Ins exce SeMcea Office,Inc. Indudwmpyrlghledmatedalofinsu-arae SOCA aOMm,Inc. CG 70351211 Pagelof2 CG 70851211 Page 2o}2 HAHED 1n5UREa.HCC,—,mf•STRUCTIOH co.,IHC. HAlaa IHEDRHD:H.CCL@m01i COHSSRUCZZOH Co., I.C. POLICY-ER.CPP2051702 POLICY AeraeR:CPP2051702 a Redstr@ulion«reply wrAof YoaprodLCl',wNhhas been recalled,by dke pmduds« (2) Underwttkh the Inured,Ifen archilso,endhewa surveyor,assumes tabddy for an Injury or eubat:ldas; darnggo arising out d the InsuroWs rendwkg«failure to maser profesumdvi secis,INWdng ihoso nslod h PareBraph(1)above and.peMsory,hapecdon,staNtecbral Or engineering S. Capricoorwhbn oflheh.wai; - adiville.. a. A=dlon Beet'toceuse Im,about which soy Insured lnew«had reason to knaaal the lncoptton D. CONTRACTUAL LIABILITY-PERSONAL AND ADVERTISING INJURY of rob h,urarra; Under SECTION 1-COVERAGE B.,pampaph 2,Exclusions,paragraph a.Contractual Liability Is deleted. 7. Asbestos,Indudhg toes,damage a dean ip resulting kora asbestos«.-beuos Conloian9 9. SUPPLEMENTARY PAYMENTSnut«ial.; 8. Rang of your pmducl(s)'thal have no knwm or suspeded dead solely because o knovm or Under SECTION 1-SUPPLEMENTARY PAYMENTS-COVERAGES A AND%paragraph 1.b.Is de!eted and suspected defect in mol her oi-your produci(s)'has hem found. repleted wish the following: D. Under SECTION III-OMITS OF INSURANCE,paragraph 3.1.replaced h its m6rety as follows ad 1. b. UPtoT2,500 f«caldballboMereguired bewue MaoddeMsoroaaia law rldstbne eNlrg tial paragraph a.le added: of the use of arty vahkJo to which IN Sodty Injury UabW Coverage apples.We do rat have Is furrdsh mesa bonds. 3. The Pmdu tsfarpl,led Operations Aggregate LInnlI Is the most we will pay for are sen of, 79. BROADENED WHO IS AN INSURED e. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABIL17Y SECTION II-WHO 13 AN INSURED b diluted eadmptrced with llo following: because or'bodly kyury nd'propody dame9a'hduded In the'pmdud.-..pkted operdkns twoud'and 1. If you are designated In the Declarations as: b. 'Product rsca7 expanses. s. An IndiviWal,you and your spouse are Inaueds,but only with respect to the eondud of a buebhess of a. Shad to perep eph 6.a6ow,j2Qa001ethe most we Coll pay fa dlyrodwlneW rape.es' which you are the tide owner. arising cul a the same defied or dafiderwy. b. ApadnershporjohlvsMureywmwlnnmd.Ymrmemomr,yaipvhen,and Tdfspowes The Insurance afforded by maim of pa visleos 1.through 0.of this endorsement Is excess over any odd and - em also Insureds,but only with respect b ms oadud of your business. colaclbte,Insurance(hcklding any,deducM4)available to the heaved wl:.th f printery,excesa«Contingent,and c. A limited lablay,company,you are an Insured.Your msmben sue also Insureds,all only with SECTION IV.,paragraph 4.Other Insane la dharg.4 e.-Angy, respect to the conduct of your business.Your mnapera we Insureds.but oriy with respect to dWr 7. BLANKET CONTRACTUAL LIAB6ITY-RAILROADS - duties as your managers. When a written Contract or written agreement required Contractual Liability-Railroads,the definition of Insured d. An mimbati0n other than a padrsnldp,joint vntm or crated ll"ItY Company.you are sh Insured. cetrad'h Setlbn V-OafiMiona Is regacoa by mo fotbwiM with respect la apereUms performed for,or Your-executive Dakar.'and dredon are Insureds,but only with reaped to their duties a your n r,Wrg,eralroad of ow,wdimcbm Your do are war,insureds,bulony with respedtotther 4bNy as atedtlhoksn. 9. 'Insured CmtraCr mean,: a. Ahad fa a lease of prmdses.However,that portion of the contract fora la�s..I pmW...that Paragraphs(1)(s),11)(6)end(1)(e)above do not apply to your'empbY�'who are; hdemrifiser any person or ongwftok h for damage by Its to premisea while rented to you or P) Monagen; Imporeriy occupied byyon with permission of Uro Omar Is not an'Insured contract'; (0) Supervisors; b. A sidetrack agreement; (III Dtectwa;or 0. Any detemerd or license agreement - (N)ORrcers; d. An oblim0w,as required by ordnance,to I d—niy a rtunkipaay,except In connection with work with raped t.body Injury to a co-•empbye.. for a municipality; 2. Each of me fP`IaAV i dao en b..md: e. An devata ra h Waanw agfeemml; a. Your lralunleerworkers'only whle performing duties related b the condod of your business,or 1. Thu ped of ani Omer wnbad a agraertanl pefleHnB bYour W.khe.e(Irrkr0lrg n hdemnlAcetlm yoa'enyAayam,•oaror dun Olalef yoa'exearhe cull Va:(a yon aro an oigahUetim oast man e ora maidpohly in connsctlmwah work performed far a munNpaHY)under which You assume as partrraaiup,punt vntae a IlNted BablMy eanparry)«your mansgan Uf You are■dmited fabdiy W liability of snots,parry to pay forboolly Injury or'proorly darrW e l0 a third Person or CwVawy),but a*for ads wlhin ma scope d mein employment by you orwtde perform g duties «parsree.n.Tad labiy meas a IabBb that would be Imposed by law in the ab.enme Gf ny resoled to me Conduct d your bushes..Now ver,none of Uwm'enTvryees'«%,Au nteer workers' es annkad a agream insured for. Paragraph L does nor Include that pad of M Contract m agmrrnC 111 'eodih MIrY or'yenonal aid eMediskq YgYhry: (1) That tdamJAaa on ardvtad,engineer or surveyor kr Injury or damage adshg out of: (.) To you,to your palbhas or nharben C9You tie a padne+stvp a)olnl venlue),to yar mernben(ti yon are a invited Aab�lY corrpery),to•cobmproyea'whin h M coons al (s) Preparing,approving Gr faiarhg In prepare a appmie maps,chap drawings,opinions. or her empbymanl or delle.reIsUu to Un Co you busthoa b mpods,surveys,field«den,charhge orders a drewin0e anti epedflcelbne;« your oUsrlroknfearxWxare*whie perlormhg dales related to the mrdud o/your (b) GMngdkactonsorin50uebons,orWlkgtogHemam; -bushau; Includes Copyrighted material of lnamence Services Office,Inc. Incudes copyrighted maled.].11—.Savicea Office,Inc Page 2 of 9 CO To 63 11 09 CO 70 63 11 09 Page 3.19 1 XAHEO x9snrtao:NccLmvpor coXsrsocrxoX co., IXc. XANeO IhaURED:--at-COXSTR.CIIan Lb., IXC. POLICY Mea®i:CPP2051702 POLICY -R:CPP2051702 (b) Ta the spouse,child.parent.hitheraabler of Ihal co-'empbyee'avdunlean workersu U. Am personorOWnWdbnbwlam YWareoblgetsdby WWe da Itlencentradbprovide aeon spouse, of paragraph bmils above; Insumce such a h afforded by this policy.but only wenn rasped to liability adakg out d the ' (cl Far whim there la any graph[ fo share; maintenance IX use of that pan dam proof!..Issued to you,Including wrnhnnon a public area! mages with or repay—.he else whe nest about such promises if so required In the contma pay damages because of the"dee.ibed In paragraphs if)(,)or(b)above;or However,no such person or organinton la an Insured with reaped W. (d) Arising out of his or her providing or falling to provide professional health care sarAco. (i) Any bcarranc�e'pnel tikesplaae efteryW ceasetooalgy cepa premisee;or exeapl as provided In Prosiabn 11.d W.endIXlemenl (2) 'Property demage'to property: 121 suchralaharalons,new mnaWdbnademol[errs aperstlarnn performed Dyson hmah of such Parson or orgsfzalbn. (N O.W....piedorusedby; h. Any slab or p.1".161I lsken butoWes hap.ab legal Iabgy I—d by the sale or political (b) Rented m,M the rare,webdy or emtrd o4 a overwhlm phyekal mnud b bsYg abRAafon sdW b.ca se ft has las d s paced!wkh mWtA b OPaalkns parfamed by you iron axatdsed for any purpose by your behalf, you,any of your'empbyee.,''ohmlem workers any partner or member(If you am a 1-f—err,no slate or political subdh7sion is an Insured with respect In; partnership orJold ventre),or any member(W you ere a Dnuad liability company). (1) 'Bod4y lNun'.'praperb damage'.yoroonrl and advadbig InJusyadWg out ofoparetm! b. Any person(other than your'employee'or yolurteer worker),or any agaNraOon while acting as performed for the state or mW elpafty,or yourmal estate manager. _ (2) l3odiy tyury or'pmpedy damage'included WhWn the'produdacmlpleted operations hawd.' u Any peram IX aganbalm h vi g proper temporary raetody of your property It you de,but only: L Any person or organbabon who Is One lesser of equipment bard to you,to wham you She ob1ii (1) Wdh respect to 1a illy aidrg out of the malnlernmea of use of that properly;and by sibs ofa wnkten mnlad to provide iaurena suds ss b affor0ed by this po0q,but only wkh (21 Urhel Yourb9al repraserdaave has been appdnlnd. respect m their labily Msing out of the melntenenCe,operation W was of such equprrwht by YOU or S subcontractor on your behalf wW your permission and under your supervision. d. Your lagW rap omWlive hyW die,but any with respectb duhas a.sudL That representative WW Hoxavar,no such person or ogeNzalm la an Insured with respect to any'ocaarencs'Owl lakes have a1 your right.and duties under IN.C—age Foran. place after the eguIpment bean eylre.. a. Your b idiarbs if. J. Any adYted,engraver,of surveyer engaged by you but Wy with..pad b 110101y,abirg W of (1) They she lega'ly mcorpemed emider,and your premises or yowwak.' (2) You own more than 50%af the voting stock h such subelaedes as of tha affective dab of Ude Hwrarer,no armned,mginoer,a alYeyor b an tensed rfnn coped lo'boay tlury;�repery P-gy, da age,'or'perseral and advertising Ir(ury'erbing ort of fha rendering of er gee failure to tender If such subddlades are not shown h the Dec!—Vora,you must report them to us within f 80 days of any professional services by or for you,Including; the Naptbn of your original policy. (1) The preparng,appmvig,orfar•W to prepare or appove maps,drawings.opifons,repoN, f. (1) Any person or organWon,other than an architect,engineer or surveyor,required to be caned surveys,mange.fere,designs orspedlcallana:or a sanaddieoruiinsurodneM1workw btr-e,bttadhbntorwakorder.Homwear,.um (2) SuparNsory,Inapec6on,aongheehg aeMma. person or organhaton ehalf be an.MU—1 Insured any with—pad to co—d'hadiy Fyun.- Tisa paragraph J.doe.not appy If form OG 70 55.Texas Conbadore Blanket Additional Insured J-pedy damage.-and personal and advefakg",ry'artaing out of*yourwoW under that End—oil,baUadad to the p ficy. yrok contract',latter of Ment urwak order. (2) Wew7 provide additional Insured coverage to such person a«ganisation ofy. K. Any manager,owner,looser.mortgagee,assgnea or recdverof preMses,k"ding land le^sed to you,but only with reaped to lability arinkg ort d the awneralVP,maintenance or use of that pan of (a) for a period of W days alter the effeUwe data of the applicable'Work cDNracr,latter of Os prem)eee orlendieased toyou. Ident orenuk aria,a Horrwer,na each person IX aganbation le an Insured w11h reaped Io: (b) until the end d the pricy bore N aged el sue Inceptlm of the appaceble'vark emuact', (1) Any-oaxmene.'that lakes place aha you cane to occupy that premises,or sous to lases Its letter of Intent or work order, lend.or whichever I.call., excen orer o (2) pc—n o(guhbatlork alteration,new conaWdbn a demolition operations performed b1'or lf d that behasi (3) Go,"$provided under IN.paragraph L Is any ther valid and codediNe Insurance available to the additiaral insured whither Primary Primaerceas,mningeM or on any Person or olhar basis Wass the'work conuacP.letter ofIntenl or work order requires this Insurance be 3. Any orgazAtbn you newly acquire or form,other then Is partnership.Joint venire or Waled fiabily primary.In which cove this Insurance will be primary wahmA contribution from such other company as over which you maintain owns shp or ma)aky Ird—sl will quality as a Named Insured if it.—a evaloble to the addXo..I insured. Unere Is no other airndar Inswarnce rvegede b thal orpafraWn.However. (�) This pareyeph f.does nit apply If farm Cil 70 05,Texav Cmkacloro&enka Addlbnel mlured a. Coverage under this provision Is afforded only until the end olds policy period: Endorsement,Is attached la the policy. b. Coverage A does not appy to 4-Ily injury'or'prapedy damage•that omrM before you acquired or formed One prg•dratien; . Indrde.c.pyHgIAdmat.eW of I—ence Services Office,Inc. baludes cepyrgNed material of Insurance Saw eOlf,Inc. page A of a 0079 5311 oil 00 70 031109 Page O of 9 I ]iA80 I1iaUREO:XCCLEXWX cerwsaxaCTZm CO., enc. XANEO INSURRp:NCCL@,nON CmSTRDCTIm CO.,IHC. POLICY IIOF®ER:CPP2051702 POLICY IRam&Y,Ca2Osl O1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ R CAREFULLY. (2) Cease any halher release,shipment consignment or any other method of disb%ution of hk.or TEXAS ADVANTAGE aDrdaproduds and A has been deWTn;ned that.1 such product.are tree from detect.that oouid be ,cause of less under the msaame. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT 19. UNINTENTIONALFAP.URETODISCL09EHAZARD3 Pm,gmph O.Rapneentailons le delded and replaced with sine following: This eroorsemenl modtlles insurance provided under the 9. Reprosmlatons BUSINESS AUTO COVERAGE FORM By ecoopWg this poliy,you agree: a. The statements In the Declarations ere soc rale and complete; With respect to coverage provided by this endonwvfient,the provisions of Uro Coverage Form apply unless modified h. Those eWmments are based upon(Opfe—tatim.you made to us;and by the endorsement. c. We have issued M poky in refanae upon your representations. The pr&N=for gds endorsement is S We will not deny coverage under Us coverage parlgyou unkitemimally fag to disclose all hoards edegrng as of Bre"Bon data d IN.policy-You roust sport I.us any knowledge of an soar or 1. BROAD FORM INSURED and Won In the dasuiption of any prarNvna or opera/ms intended to be covered by the Coverage Fo(masseen-precbcableefterOrd very.However.thbprovlelendoe.not.faclourdgNto SECTION II-LIABILITY COVERAGE.A.I.Who is An Insured lam aeneed by the addtlon of the following: ealeet addPJoml prem ur a exefdse our dghl of cancOatian or naeen 1. d. Any organlzatlon you newly acquire or form,other than a partnership,joint ventre a forted liability 17, TRA NS FEA OF RIG HTS(BLANKET WAIVER OF SUBROGATION) company,and over which you maintain ownershiper a rD My Interest,will quality as a Named Insured. However, Paegroph 9.Tran.far ofRight.Or R.covary Against Olhen To Us b doled and replaced with the mewing: (1) Coverage under this provision Is afforded only until the end of the poky pared; B. If the Insured has rights to recon«a1 or pard any payment we have made under this Coverage Fan, (2) Coverage does not appy to'acddents or loss that occurred before you acquired or famed the prose dghh ora transferred to us.The Insured muel do r.INrg after lass tolrpakthen AIW(nque.L onganbatam and the Insuredwi brkg'sWor transfer Oaee rigMe fo us and hip us enface mem.However.Ot e i cured has waived rights to recover thmugh a wdden contract,or if your work'waa commenced under,lager of (3) Coverage does not appy to an orgaf2afon that's an Snsured'under any other poky or would be an Intent or wok order,.ub,ecl to a subsequent reduction to wdtlng with customers whose customary 'Insured'but ler Its termination or the ekluusdng of Its snit of Insurance. contracts require a waver,we waW any rig ht of recovery we may have under this Coverage Form ., Arry'anployee of yaks using: - 18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b.of A.Cancellation d the COMMON POLICY CONDITIONS I.deleted and replaced with the (t) Amem a member of his your not own,hie or borrow,a a covered ado not owned t of the or a memberof his ar her household,while Pewf^n^Ine dukes related to the conduct of your business or foaewMg: youpasosual offals;or b. 00 days before the effective data d Iha cancehlbn If we canal ler any other reason. (2) An"aute hired or rented under a contract or agreementd oyourbuoyess'name, . your Under SECTION IV–COM61ERcuL GENERAL LIABILITY CONORIONB,paragraph 0.When We Do Not permission,while preforming duties related to sire corndud of your business Flowever.your Ron—Is dakA d aha replaced vim the f.3owbg: 'emp'oyee does not quality as an insured under this paragraph(2)w1n'le using a covered We' 9. When We Do Not Romw rented from you or from anymember of the'employae's household. a. We may sled not to renew 8do policy except,that under One provisions of the Texas Insurance Cod., I. Your members,If you are a"led liability company,wfAc using a covered auto'you do not own,hire a we may na reuse to renew this policy ad*because is potiyhoNer Is an ebded official. borrow and while performing duties related to the conduct ofyour business or your personal affairs. b. If we elect not to renew ads poky,we may do so by reading or dellvaong to the first Named Insured, g, Am person or organuadon with whom you agnea In a written contact,written agreement of permll.to .1 the last mating address known to us,written notice of noaenewal,stating the reason hr provide Insurance such as is afforded under this poky,but only with respect to your covered'astW. rasahexal,Y lent 60 days before the expiation date If notice is mailed or delivered less than 60 days before tine expbelon date,this policy will remain in effect unit Uw 01 at day after the date On This piovlskn does notapply. wNm the robe,b mailed or deIN ewed.Earned premium kis any parod of coverage that exlende beyond the expiration date will be cmputed pro rale be sod on Ire previous years prordurn (11 I-Wessorpro tis cadence cawed or agreement is ezealed or the permit is Issued pilar to the bodilriyuny er'propertydamage; e. It notice to mal led,proof of ling wit be sullklent proof of notice. d. The Ir—fer or a policyholder between adrNtied comparUa!within the same insurance group is not W To arrypasm a organ'vatlmiKAMed as an IrBteetl by an errlorsemert a In the Declarations;a ren aldmed a refusal to renew. (3) To any lesser./'autos unless: ter.MOBILE EQUIPMENT REDEFINED (a) The base agreenenB.egWes you to provide direct pwb^yy irstrance for the lessor Under SECTION V.DEFINITIONS,paragraph 12.'MobOe equip—r.paragraph L(1)deal nal apply b self- (b) The brAo')s leasedwMouda hNer;and propelled vehWas of less OW 1,000 puunda 9(030 vehicle weight that awe not designed for highway use. Include.copyrighted material of Insurance Sew.Ohlce,I-pogo B of 9 CO 70 82 1109 Includes coPywipted malaris!of Insurance Services office,Inc CA 7118 11 09 Pape 1 of 5 nld<ED IN—p.CCLCT-1 CONSSAUCTIO.t C.— InC. INl1ED INSUfIED:HCC1.EnDOIi CJNSSAULT IJIr Co., INC, POLICY I—CA2051]Ol POLICY ..CA20a 1]Ol (c) The lease had not expied. I(2) This Coverage does not appy white dere is a spare or reserve'auto*available to you for Your Leased autos covered under this provision vri8 be considered covered'lallos'you own and not Covered operation. 'aulos'youhire. 7. AIRBAG COVERAGE h. Any lega'ly incorporated organization or subsidiary lnwhich you ono more than 50%of the w5rg stock on Under SECTION III•PHYSICAL DAMAGE,D.EXCLUSIONS,paragraph 3.is deleted and replaced by the the Effective dale of this endorsement. following: This provision does not apply to'Wily iryury or'propedy damage'for which an insured'Is also an 3. We will not pay for loss'Caused by ormsu8ig from any of the following unless Caused by other loss' Insured under any other automobile policy or viould be an insured under such a policy,but for las that is covered by this insurance: termination or the exhaustion of its limits of insurance,unless such poky was wtilten to apply speclkaily in excess of this policy. (1) Wear and tear,free2khg,medhankal or electrical breakdown.However,this exclusion does not Include the discharge of en airbag. 2. COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS (2) Blowouts,ptncWres wotther road damage to lies. Under II-LIABILITY COVERAGE,A2.a.Supplementary Payments,paragraphs(2)and(4)are deleted and reandira pfared as/Mows: S. GLASS REPAIR-WAIVER OF DEDUCTIBLE (2) Up to$2,500 for the Cost of ball bonds(including bonds for related traffic law violations)required because Section til-PHYSICAL DAMAGE COVERAGE.D.Deductible is amended to add the fol-drg; of an nxedenr we rover,We do not have to furnish these bonds. No deductible applies to glass damage if the glass is repa red rather than rep!aced. (4) AN reasonable expenses incurred by the lnsurerfat our request,Including actual loss ofeamings up to 9, COLLISION COVERAGE-WAIVER OF DEDUCTIBLE $500 a day because of lime off from vmrk Under Section RI•PHYSICAL DAMAGE COVERAGE.D.DeducUMe is amended W add the following; 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION N•LIABILITY COVERAGE.B.EXCLUSIONS,paragraph S.Fellow Employee is de'eted When dere by loss lo youth anather'WWInsuredibrad by us. and replaced by the foi'ora g: S. Follow Employee 10. KNOWLEDGE OF ACCIDENT Vnder SEC71ON IV-BUSINESS AUTO CONDITIONS,A Lass Conditioner.2.Duties In The Event Of -Body kyuryy He Accident,Clain,Suit Or Loss,paragraph a.Is deleted and replaced by the fobwing: a. Any fellow"emplayed'of the msumd'adsirg out of and in the Course of the fegow'empbyee's' a You must see to It that we are ratified as soon as practicable of an'acddenr,calm,'sulr or'loss'. employmentorwhileperfomhing duiestelated to the corrixtofyour business.However,lhis Knowledgeofan-accldenr,claim,'suN'or'1osY Dyyour'emplgeetshaN not.is itself,conshiuts exclusion does not appy lO your-employees that are officers,managers,supervisors orabore. knowledge to you unless one of your panthers.executive officers,duecors,mmagers.M members(d you Coverage Is excess over any other collectible insurance. area united fiabgi rycompany)has knowledge U Ne"accident,calm"suit a'ioss'.fiolica should b. The spouse,chid,parent.brdheror sister of that fellow'employee'as a consequence of paragraph Induce: a,above. (1) How.when and where the'accdenr or lasso mCurned: 4, HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE (2) T1s insureds'name and address,and A Under SECTION 111-PHYSICAL DAMAGE COVERAGE,A.COVERAGE thefollow'igisadded: (3) To the extent possible,the names and addresses ofadyinjured persons and wfNesses. If any of your octad Covered-autos'am covered for Physical Damage,we will provide Physical Damage 11.TRANSFER OF RIGHTS(BLANKET WAIVER OF SUBROGATION) coverage to-autos-that you or your employees'hire or borrow,under your name err the'employee's name,for the purpose of doing your work. Under SECTION N•BUSINESS AUTO CONDITIONS,A Loss Conciltons paragraph S.Transfer Of Rights We will protide coverage equal to the broadest physical damage coverage applicable to any covered Of Recovery All elnsl Others To Us is deleted and replaced by the felknving: 'auto"sham in the Declarations,Rem Three,Schedule of Covered Autos You Ord,or on any S. I mrester Of Rights Of Rocovery Against Others To Us endorsements amending this schedule. If any person w orgadcatbn to or for whom we make payment under this Coverage Form has rights to S. Under SECTION Iff-PHYSICAL DAMAGE COVERAGE,A.4.Coverage Edenslons.paragraph b.Loss ren»rer damages from another.those d¢hLs are transferred to us.That person or orlimloralim must do Of Use Expensei,is deleted and replaced with the following: everyrding necessary to secun,.—Ights and must do boding after'aceldenr nr lost.impair them. b. Loss Of Usa Eypensu However,it the Insured'has waived rights to recover through a Nrdlen contra<L or If ymr work was commenced under a letter of Intent a work order,subject to a subsequent reduction in writing with For Hired Auto Physical Damage,we will pay expenses for which an insured'becomes legally customers whose Customary Contracts require a waiver•we waive any right of recovery we may have responsible to pay for loss of use of a vehicle rented or hired without a driver.Under a written rental under Ills Coverage Form. contract or agreement.We will pay war loss of use expenses if caused by. (1) Other than collision,mi the Declaratlonsindcate that Comprehensive Coverage is provided for any C.wnCd'auto: Includes Copyrighted material of Insurance Services Office,Inc. Includes Copyrighted material of Insurance 5eAirrs Office,Inc. Page 2 of CA 71 18 1109 Page 4 of CA 71161109 1m nnsuaeo.-CrEomo.r Collsrau r-Co., Inc. I—InsoAeo..---r ConsrAucno:,CO., Inc. POLICY Imvaea. 051701 POLICYER:CPP 2os7IO2; CA205110I;xc2051701;M2051701 12.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS THIS ENDORSEMENT CHANGES THE POLICY.PLEASE BEAD IT CAREFULLY. Under Coneealm nt.Misepres ntationOrFra ESS AUTO dlsamende'dbyttheaaaito�o�neiai Paragraph 2. EARLIER NOTICE OF CANCELLATION We will not derry coverage under this Coverage Form if you unintenliunally fad to disclose all hazards PROVIDED BY US existing as of the Inception date of this pMcy.You must report to us any knowledge of an error or omission in your representallons as son As practicable after its discovery.This provision does not affect our right to cu9ect additional premium or exercise our right of cancellation or ran-renewal. 13.BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS Number of Day,Npte• 30 When required by written contract or wailten agreement,the definition of lusured contrail'is amended For my a0hd.6y pormNned roason oder than non uym•nl of pnmloobtM number of days raghrned for notice of cene•Ilrllon le as follows: Increased to the numbor,of deye shown N the Schedub ebovir. — The exception contained to paragraph H3.relating to construction or demolition operations on or within If this policy H concur d by us we will sena me,Namod Insured anon eny party listed in the following schedule notice of c..dr.d.n 50 feet of a mgroad'and basod on the number of day.note.shown ebay.. —Paragraph H.a. are deleted with respect to the use of a covered'aua'In operations for,or aff.Ung,a railroad. SCHEDULE Nam•of Perron or Oryanloulon The Name of Fell-.r Organization u any parson or organized-holding a ceNlicste of Insurance rs..uod for you,pmvlded the cmitio.t•: 1. Refare to thh poucy: 2. Stole,that notice of: ..Ca nceN.don; b.Nonenewat;on C.Meters]change reducing or resucdng coverage; will be v,"d,d to that person or orp udr.tlon; 3. I.in r4h o:.1 the Ulm.of Ne: ..Conc.Iktioo: b.N.ru nowal:or e.Material changer luing or Hrioting co uo,;end 4. Is on fdo of your egert a Mokefa office for this policy. Merino Add— The 6leiiinp Addn us b the.ddreer rhovm for then perwn 0,orgerhatbn In that uort fiaeto of Insurenc.. Incudes copyrighted material of Insurance Services Office,Inc. CA 71 18 1109 page 5 M 5 It 70 46 06 07