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HomeMy WebLinkAboutContract 61145CSC No. 61145 FORT WORTH CONTRACT FOR THE CONSTRUCTION OF Veloweb (CentrePort Phase I) From Trinity .boulevard To THE CentrePort Rail Station TxDOT CS3. 0902-90-050 Federal City Project No. 106082 Mattie Parker David Cooke Mayor City Manager Richard Zavala Director, Parks and Recreation Department Michael Owen City Engineer, Transportation and Public Works Department David Munoz Project Manager, Parks and Recreation Department Prepared for The City of Fort Worth Parks and ,Recreation Depart►raent 2023 Raiff Associates, Inc. Firm No. F-312 Alp � 5 . 'r rrrirr•r.rrrr....rrrraairr .IOROAN T. VIGGIANO rrrraaarrrrrrrrrr.rrrrrr+.� .• 142406 *� � ICE N 5/ 1 /2.0v OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 000000 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pine 1 oF2 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Devised 00 05 10 Mayor and Council Communication 0 t/23/2024 1 0005 15 Addenda _09/23/2023 100 11 13 Invitation to Bidders 09/23/2023 1 00 21 13 Instructions to Bidders 11/02/2021-1 10035 13 Conflict of Interest Statement 09/28/2023 00 41 00 Hid Form 09/28/2023 00 42 43 Proposal Form Unit Price 09/28/2023 0043 13 Bid Bond 09/25/2.023 00 43 37 Vendor Compliance to State Law Nonresident Bidder 09/28/202-3 -1 11 00444.1. 0045 12 ABC 12 Bidders Prequalification Statement 0811 09/28120231 1 QQ 00 45 26 Appjlga694 Contractor Compliance with Workers' Compensation Law 0911 :Z 07/01/2011 ] 00 45 40 Business Equity Goal 10/27/2021 j 00 52 43 Agreement 01/23/2024 ] 00 61 13 Performance Band 12/08/2023 0061 14 Payment Bond 12./08/202.3 1 0061 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/0112011 007200 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01 - General Requirements Last Devised 01 1100 Summary of Work 12/2012012 0125 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 0131 20 Project Meetings 07/01/2011 01 3216 Construction Schedule - 08/13/2021 01 3233 Preconstruction Video 07/01/2011 013300 Submittals 12/20/2012 0135 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 015000 Temporary Facilities and Controls 07/0112011 015526 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 ] 0158 13 Temporary Protect Signage 07/01/2011 01 60 00 Product Requirements 03/09/2-020 01 6600 Product Storage and Handling Requiretnent5 07/01/2011 01 70 00 Mobilization and Remobilization 11122/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 0177 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents - - 07/01/2011 � CITY OF FORT WORTH Veloweb (CentrePon Ph 1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ. 0902-90.050 Reviscd December 9, 2022 City Project No. 100082 Division 31. Earthwork 3125 00 1 Erosion and Sediment Control 00 00 00 STANDARD CONSTRUCTION SPEC1w1CATION DOCUMT:NTS Page 2 or z 0o12wm2 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 2 — TxDOT Requirements 1. Disadvantaged Business Enterprises Requirements 2. Buy America 3. Child Support Statement (Family code 231.006) 4. OSHA Implementation 5. Disclosure of Lobbying Activities 6. Non -Collusion Statement 7. Certificate of insurance 8. Certification of Interest (TxDOT Form 1560) 9. Contractor's Assurance 10. Prevailing Minimum Wage — Davis Bacon 11. Prison Produced Materials 12. Differing Site Conditions 13. General Notes 14. TxDOT Specifications List 15. Items 1L-9L-Local Government General Requirements and Covenants 16. Special Provisions 17. Special Specifications 18. Federal Requirements for Federal -Aid Construction Contracts (FHWA-1273) 19. FHWA Form 1391 Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Women Owned Business Enterprise Compliance END OF SECTION CITY OF FORT WORTH Veloweb (CenrrePorr Ph I) STANDARD CONSTRUCTION SPECIFIC,A'rION DOCUMENTS CSJ. 0902.90.050 Revised December 9, 2022 City Ngim No, 100062 City of Fort Worth, Texas Mayor and Council Communication DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0088 LOG NAME: 80CENTREPORT TRAIL PHASE I CONSTRUCTION CONTRACT SUBJECT (CD 5) Authorize Execution of a Construction Contract with the McCarthy Building Companies, Inc., in the Amount of $6,447,029.99 for the Construction of CentrePort Trail Phase I Project, and Providing a Project Administration and Contingency Cost in the Amount of $1,149,470.01, for a Total Construction Cost of $7,596,500.00 RECOMMENDATION: It is recommended that the City Council authorize execution of a construction contract with the McCarthy Building Companies, Inc., in the amount of $6,447,029.99 for the construction of CentrePort Trail Phase I project, and providing a project administration and contingency cost in the amount of $1,149,470.01, for a total construction cost of $7,596,500.00 (City Project No. 100082). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a construction contract with McCarthy Building Companies, Inc., in the amount of $6,447,029,99 for the construction of CentrePort Trail Phase I project, and a project administration and contingency cost in the amount of $1,149,470.01, for a total construction cost of $7,596,500.00. CentrePort Trail Phase i base bid will start at the Trinity Railway Express (TRE) CentrePort Station and terminate at the east end of Arlington River Legacy Trail. Anticipated improvements include a 12-foot concrete multi -use path, 3-foot wide shoulders, trail structures (retaining walls, drainage infrastructures, board walks, etc.), and 911 location signs and trail signage. The project was posted on the City purchasing website and advertised in the Fort Worth Star - Telegram on August 31 and September 7, 2023. The following bids were received on September 28, 2023: Bidders Base Bid The Fain Group, Inc. $4,236,728.00* McCarthy Building Companies, Inc. $6,447,029.99 Reyes Group Ltd. - -- -- - I $7,296,262.19 * The apparent lowest bidder, The Fain Group, Inc., timely withdrew its bid due to a material mistake. City staff recommends to award the construction contract to the lowest responsive bidder McCarthy Building Companies, Inc. Construction of this project is anticipated to begin in February 2024 and be completed in March 2025. CentrePort Trail is a federally funded project. The City Council approved an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) in the amount of $2,757,588.00 on June 20, 2017 (M&C G-19040) for the engineering and construction of the CentrePort Trail Phase 1. The City Council subsequently approved Amendment No. 1 on September 25, 2018 (M&C G-19383) to increase the total agreement amount to $3,684,450.00, Amendment No. 2 on June 14, 2022 (M&C 22-0405) to increase the total agreement amount to $6,396,749.00, and Amendment No. 3 on August 8, 2023 (M&C 23-0666) to increase the total agreement amount to $9,610,470.00, all based on increases of construction cost estimates at each milestone engineering package submittal. A local overmatch of $2,487 was added into project budget and brought the total project budget amount to $9,612,957,00. Total Project Funding: Participation —Fund - Authority---- Federal Grants Cap Projects Federal M&C G-18975; G-19040; 22- Fund 0405; 23-0666 Local PARD Improvements Fund (2013 CO's) Local---- 2014 Bond Fund Local General Capital Projects Fund (PAYG) Local General Capital Projects Fund (Donation) Local PARD Gas Lease Capital Projects Fund Local I City of Grand Prairie Total Federal and Local Participation Total Project Costs: M&C G-18637; G-18975 M&C G-18975 M&C G-19305; G-19383; 22- 0405; 23-0666 M&C 23-0666 M&C G-19383; 22-0405 Budget — $7,688,374.00 $350,000.00 $170,002.00 $1, 020,169.00 $35,000.00 $200,000.00 I� $149,412.00 $9,612,957.00 Description 1 Amount (Engineering Design II $1,344,965.00 Environmental Study I $299,250.00 Total Project Design Costs: $1,644,215.00 Construction Contract $6,447,029,99 (Construction Administration & Contingencies $1,1419,470.011 Total Project Construction Costs: $7,596,500.00 Total Direct State Costs: $372,242,00 Total Project Costs: 11 $9,612,957.00 The CentrePort Trail project is estimated to increase the department's annual maintenance by $14,474.00 beginning in Fiscal Year (FY) 2025. As of October 2023, the cumulative total of all previously approved M&C's increased the department's estimated annual maintenance by $73,124.00 beginning in FY 2024. Funding is budgeted in the Park & Recreation Department's Grants Capital Projects Federal Fund for the purpose of funding the CentrePort Trail project, as appropriated. McCarthy Building Companies, Inc., is in compliance with TxDOT's DBE triennial goal methodology and the City's Business Equity Ordinance by committing to 7% of DBE participation on this project. TxDOT's DBE goal for this project is 7%. This project is located in COUNCIL_ DISTRICT 5. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Cap Projects Federal Fund to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Park & Recreation Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for Citv Manaaer's Office bv: Jesica L. McEachern 5804 Orininatina Business Unit Head: Richard Zavala 5711 Add itionALtpformat! on Contact: Joel McElhany 5745 0 ADDENDUM NO.1- ISSUED BY HALFF ASSOCIATES, INC. OFFICIAL CRATE OF ADDENDUM: September 14, 2023 wOF * .*/ "•`JORDAN F•VIGGIANO io .....................142406 .,...0 ow G Esc,,,., Centareport Trail Ph 1 (City Project # 100082) for the City of Fort Worth, Texas This addendum forms part of the Contract Documents and modifies the original bidding documents dated March 7, 2023. All bidders must acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to acknowledge receipt of an addendum will reqult in the bid not being read. NOTICE TO BIDDERS: This addendum shall be considered part of the Contract Documents for the above mentioned project as though it had been issued at the same time and incorporated, therewith. Whexe provisions of the following supplementary data differ from those of the original Contract Documents, this Addendum shall govern and take precedence. Work not specifically deleted, modified, changed or altered by this Addendum shall remain in effect as a part of the Contract Documents. Bidders are hereby notified that they shall make any necessary adjustment in their estimates on account of this Addendum. It will be construed that each bidder's proposal is submitted with fullknowledge of all modifications and supplemental data specified herein, Acknowledge the receipt of this Addendum on your Proposal. Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. David Munoz, Project Manager This addendum consists of thirteen (13) pages, including attachments. PRE -BIDDER'S MEETING OLIESTION CLARIFICATIONS 1. Please provide the expected start date. Contract will be authorized within 90 days of bid opening. The actual start date will be determined at the pre -con meeting, 2. Please provide the typical section for Trail B stations 10+39,62 to 15+85,07 Typical Section provided for this section range. The barrier and concrete flume will be added as an inset for the addendum. 3. Please provide a Section Detail for STA 10+40 to l 1+09.83 for Wall A. Please refer to Miscellaneous Sidewalk Details (I of 3), Sheet 82 for wall detail (included in this addendum). 4. Please provide a detail on stone veneer manufacturer. Stone veneer to match existing walls. Contractor to submit a sample to the city prior to construction. S. In the Retaining Wall Schedule Ft measurement for Wall A and B is not provided, Please provide the those values. Footing thickness varies over the length of the wall panel. Refer Wal I A and B layouts (sheets l 10 and I 11), Top of footing is at proposed finished trail grade, and bottom of footing elevation is constant per panel and is shown in profile. 6. Do we still need to scarify and recompact for the thickened sidewalk if the retaining wall has C2 backfill? (Sheet 7) It is unnecessary to scarify and recompact the C2 backfill provided the C2 material is protected and maintained after placement. 7. Can you please provide the bid item for Portable Changeable Message Board Have item for TMA. PCMS are included in the Barricades, Signs, and Traffic Handling item. Refer to S.H. 360 Advanced Warning Signs and Traffic Control Notes Sheet included in this addendum. 8. CT13 widening on typical section has 2ft of asphalt widening, but in the Concrete Traffic Barrier Layout it shows aft min. (Sheet 4 and sheet S 1) Widening shall be Y minimum. Refer to Proposed Typical Section Sheet 6 included in this addendum. 9. When looking at the detail sections for H-H and 1-1 what is the dimension for the horizonal length of the Clay Cap? Type C2 backfill at H-H and [-I shall include the limits of temporary shoring by contractor. Clay cap shall extend to the limits of backfill. 10. Will there be a need for temporary shoring for the drilled shaft walls in sheet 1 19? Wall G is not intended to use temporary shoring. If contractor deems it necessary, then it should be included in their bid. 11. Please provide the limits of C2 fill for Trail A & B in alternate 2. C2 backfill shall be used behind proposed bridge abutments along Trail A. Refer sheet 166 note 9 for limits. See response to question 9 for additional information related to Trail B C2 backfill. 12. On Sheet 127, in the cask -in -place retaining wall schedule, the Tw and Fw values are the same for Wall A and Wall B, even though the "Typical Section Reinf." shows that Fw would be a far greater length. What is the correct value for Tw for Walls A and B? Wall A: Tw = 10'-0", Fw = 12'-3" Wall B: Tw = 10'-0", Fw = 12'-3" 13. Please clarify time of completion. Is the work to be complete within 363 working or calendar days? 363 working days shall be used on this project. 14. How do you check the status of TxDOT prequalification (bidder questionnaire form 2066) and how long is the prequalifrcation valid for? Refer to Check Status for TxDOT Form 2066 Bidder's Questionnaire (attached). 15. Bridge specs state the bridge fabricator needs to have the AISC MAJOR certification. Tlus is an old AISC specification that is now split into either Intermediate or Advanced. Can AISC Intermediate certification be acceptable for this project? AISC Intermediate certification is acceptable for this project. PLANS Typical Section Sheet 6, attached: 1. Added inset to show tie in conditions along SH 360, 2. Modified asphalt widening width. Advanced Warning Signs and Traffic Control Notes Sheet 21, attached: 1. Added note clarifying portable changeable message signs shall be subsidiary to Barricades, Signs, and Traffic Handling bid item. Miscellaneous Sidewalk Details (1 of 3) Sheet 82, attached: 1. Modified sidewalk dimension to match plan view on Detail 4. Retaining Wall Details Sheet 127: 1. Update values from the Cast -In -place Detaining Wall Schedule as follows: Wall A: Tw = 10'-0", Fw = 12'-3" Wall B: Tw = 10'-0", Fw = 12'-3" ATTACHMENTS The following attachments are included as part oft.hisaddendum: I. Plan Sheets Sheet 6 — Proposed Typical Sections Sheet 21 — S.H. 360 Advanced Warning Signs and Traffic Control Notes Sheet 82 — Miscellaneous Sidewalk Details (l of 3) 2. 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AM TRAFFFC CONTROL +DOTES SCALEI'=2Dw-O' SWEET I DF T f �� rn7� A.Lca � '4pp'LT tli Ip02f8401 T+4 ��� TTATT R£Ti:, [OMIT SaQr TEXAS FTT 1ARRAW1 � tit CIE [ORR0. ser'" Aa ! _ 0902 94 050 2 a.,gl.rr Tz,ls ll+E a . .1• a �.�' 4 ;�'.� �� a =,i.' --�i �` -L a _:!: � 'ti k j PLAN vow PLY ISI<fA i+I YN�U1CNc��� ,yam NOOI3 4 QiG 19L4- 0 1 SHALLOW CULVERT CROSSING N.7.S. NOTE_ CAST SHALL SESUBMARY TC SIDEWALK R�N6 @1COL8H, p�Gg}1{ �1e�ML col,Ta. w,rtt a_sralw. I �B1R@�XNL1viMca � ,x:ul+eser.a� � 0L CITY OF FORT WORTH SIOEWALK EMPANSION JOINT STD. DETAIL 32 13 20-D546 N.T.S. 13e,• $� NbEE 1 ,Wru ,T wl„s�vTPta, i'. ■1rlti0lR�nloN Tey � _ arc Doi• P91 TYPICX T.iAl S[t'Iplt �TEs; 1. RT,'+GF—wW FOR L✓w Of c'm ImLE Y HUIa1STFWTY f� Z. "Ttl S RAT 4R Tw6 iP0.'Ts.'G3 shwwbJOwTB H cliteL L fSmE FBC R VAfd58 AEFT:R To P w iL4'a4f.1R6 51'+V-48EPA�1lOR E"ff 3 MmffULi n�'1f]C7rr se41 BEs�EwrTe TH16 R111.1 02 CITY OF FORT WORTH MONOLITHIC CURB STD. DETAIL 32 13 13-uatl Tte sea appe iv Ws Ow+.l* . N.T.S. , .vu -f —d M.., T. YNg—, �rr��b J PEIf 1424N- W14ra At—g—t a seu4d a ua<I,vll wm d NoF— §.,_.. ... —w—ti Int .lesp-.a"cq'F jgr 8n oRenEa. I Ede 7e M.a Aa The �eWld r . r r . r . r . � Iyj�O � r�fdRt�ReYks3San 1➢e el Te *� nlrrss d Asaade Ills . Ihrl,n f10— � Row_ R:YN,erdsYn. TLNt p f. au Teves25ml. Tem-suiGNEERING Trp9pp. FIRM W312. 8 y FMM FIEasTAnw Nl wM!t 32 r nelrsTW. tpt NORTi6 B05YsER Aol'F, son HALFF � ; Tx,� �� I pi�ewdlal,�T s � Tf3 Q,Gl N6i+�b ari�-IAPwxa wus, �FTexas DeP�tmdrrt of TransparfiaHOl1 I c{}2u2a 4 urinwEB c�FncTm 4 sueavee Tn set. �4�Tr 0 SECTION VIEW S IDEWALK ADJACENT TO CURB F*M TI M1' &VIVELY ST TO 7M CINTROW @R STLT111 IASCELLANECUS SIDEWALK DETAILS SI DF 3) SCA! U SHEET INS IT—. . la. �T c CY IF02mw VA �V16 5T+1E e67R["f cPxn n ruu rExas Fnr zaRaaeoi WITH RETAININ{s WALL — I sma STD. DETAIL 32 13 20-D546112 aso- Check Status for TXDOT Form 2066 Bidder's Questionnaire Follow Steps 1-7 Step 1. Click the Link below to TXDOT contractor prequalification website htt s: /www.txdol.gov/business/road-bridle-maintenance/contract-letting/coral•actor-orecivalification.html Careers W Contact us s Q English Mcovat Toxac - Data and maps - Do Cusinost - Exploit ptciasia - Stay safe - About - a.. w� Sis,%Ia49s i Road tnft, End maintenance cone;,, and tralfic mntNirl &P.Qgtq i Cant�hct Id:t�nr� Contractor prequalification Tx00T must qualify bidders to become ollgibm to bid or to y f ' Quick links receive a bid proposal on a construction or maintenance project, "tea 1� • il�# Conrtdcntial auesttonnane The agency has three levels of qualification, all of which require • Bidders Questionnaire annual requalification. + =, INarenafa0W5rinnnaire Do not open the questionnaire in your web browser as you will get an error. Download the form to your desktop and open the document separately. Questionnaires 1. Confidential questionnaire (CQ) This levol of qualification Is normally for constfuctlen projects. rudders must provide an audited tinaneial statement praparad by an independenf cerlified public accountant as outlined in =, Bulletin No. 2. Financial Slatements must be less than one year old and must be approved for at least one letting poor to the anniversary date. 9tddefs must also provide a completed il=E cnnlidantialeuestignnaire and foliated supporting documents. 2. Bidder's questionnaire (BQ) This revel of gtwifficaiion is for bidding on projects for which the full requirements outlined above are walved'-`normally smahQi construction, routine maintenance, en:af9enCy, and specialty prgjee18. In drdt~r to SatiSly the requirement$ for bidding ors a waived projeCl, bidder$ must provide a completed 1<f CldCaCs questionnaire and related supporting documunts. The or000sol regu xt form denotes projects eligible for this level of qualification with a-W.` 3. Materials supplier's questionnaire Tnis level of quasificaton Is toy suppliers bidding on Inaterlat and tialfic Contra and salety device projeci5, wrath is limited td the purchase and delivery of materials used on tuadways ror in house Stale force work only. in order to satisfy the requirements for bidding on a materials project, bidders roust provide a completed i Materlals supr,4 rs eueslium+aire and related supporting documenta, Any rontra;7rgr wish an approved confidential questionnaire or bidder's questionnaire may bid on matorial projects. Do not open the questionnaire in your web browser as you will got an error. Download tho farm to your desktop and open the document separately. Step 2: Scroll down to "Instructions to bidders" paragraph, and click E-Verifv Pro r� am link Instructions to bidders. The Standard Soecilicatinns provide guidance on how to Submit bid proposals, Item 2, "Instructions to eidders;' detail$ the process for requesting and preparing the bid decumenls. You only need to complete one questionnaire, For exampie, contractors qualified udder the Confidential questionnaire can bid on projects that require a lower level of qualification. The date on the balance sheet at the financial statement must be less than one year aid. All financial statements must be from an independent CPA firm registered as suers with the applicable state board of accountancy. Please do not e-mail a questionnaire AND mail a physical copy of the questionnaire; this duplicates our work and slows down the approval process. Email submissions are preferred and wilt allow to faster processing_ For security reasons, please do not submit links to cloud files. It attachments are too large for one a -mail, separato attachments into multiple a -mails or submit a file. New contractors tout provide resumes of the aUtnorized Signers. Re-gUdetitatiori5 do not require fftuin . Please keep attachments separate from the questionnaire; co not "weave" attachments within the pages of the questionnaire. Submit a separate file with additional documentstp ages. Please annotate "see attached" on your response if attachments are used. Limited partnerships, LLCs, and corporations must be registered with the Texas Secretary of State G and be registered in the Department of Homatartd Securitysf'�i�t. TxDOT reserves the right to request additional information or any corrections the reviewer deems necessary. We no longer require a -mad ratings. Step 3: Scroll down the E-Verify system — important affirmation requirement webpage and click "Accept to download the e-verify list" camers - contact us - 0 English " oretdaer U.m � hors A.rrd rdeps - ll � ErpwN l v SWY urn v Abou: � Q. JAEti 1!=ir ! CLR_,] --fi=e 'rd rriirir+!r-'.r-.` ,,-'r,ctcm .iao rgpow v and Tmift trate(Lat s(igi r Carimi Tl E-Verify system - important affirmation 4� requirement In accordance with S6 312, effective with October 2417-let projects, T%DOT will not awarb a contract to a contractor that IS not registered in the Departfienl of kumeland Secu6ty5 E-Verify Program, Contractors must remain active In E-Verify throughout the life of the contract, Subcontractors must remain active in €-Verify until their work is completed. 1. If your company 1s not already registered, register here 0. 2. Upon registration, [he System automatically creates the f -Verity Memorandum of Understanding for Employers. Notes If you need technical support, contact ri y CUsLQm. r lumirI 0- 3- Access your company's E-Verify Memorandum of Understanding for Employers and save the File as a PDF. 4, As afflfrnal:on all your Company's compliance with SB 312. C follow these inslr xt.ons to submil the f-Verify Memorandum of Understanding for El raiture to sut7mit the appropriate E-Verify Memorandum of Understanding for Employers will result in the foltowirlg: • The apparent low bidder wilt be deemed non -responsive, and their prof l guaranty wig become the property of the state, not as a penally, but as liquidated damages. The bidder forfeiting the proposal guaranty will not be considered in futute proposals for the Same work unless there has been a sybstantial change in the scope of the work. Subcontractors will not be approved 14 work on Tx DOT projects until the documentation has been agovided. Contractors confirmed as participating in E Verify Once Li contractor or sutrconaraCrpr has complied with these requirements, TxDOT wlli add the company name to the list of contractors confirmed as participating in E-Verify to identify orlme contractors al subcontractors who have provided the requested documentation to cunflrm parlicipalion In the E-Verity System. Disclaimer; This 60 i5 nfotmationar only and should be used as a supplement to the Qgpar tment at Homeland Security Iq}4$1 E-Verifv Sel Tppl 0. By clicking the Accept button below to View Contractors Confirmed as Participating in E-Verify, you are acknowreaging that you have read and underslood the above statement. Contact us ir2-d16-::.6fi Step 4: Click the excel spread sheet download to open Cpaaye• Cnn4ocL go-» ✓� Fn9llrh /•vH1ryllll {Ilxlsy 9P.S If6. Gonr o r•6rrr bW - a.H sea M•F. - De tlar r,u ara..r %q,cq ssw W. - aeeuf Q E-Verify system - important affirmation requirement In accwCama with 59 312. offal o w,0 Oa[oher 2617,11 pmlal UDOT .-If nor -word a contract lu a contractor [hot 1p wry rggilrlrgq If, t hill, DaooF lmihl of Homely no SaCurltyi E-yehfy Contact Wa Pi -gram. LOntharl9l mu;l rgmPln acilvt in E-Vgrty Ihr9ugl Ire life of the right l Suli,em"actors mu ramaln oviut In E•wfdy untl tI wcrk ip c—Dlakod. 0 4 1. If your Corrivo rky If -lot alfel mallimed.nHisier here (d ` 2. Uoap M3lalfap4n, 1%ayslem WLomb6cally vaalas the E•Val lry sda lnulanawh of V UWvralanding tar Elfioluyma. Nara If you need lacnnlcal mppvL. abnue! E•Ve, 11 G r r 5UIL= GS. 3. Add aei yaul aalfoAh9's E-Val MemblaMdwe or Undeh DAM Ild rat Empltivi— alyd tlave Shn fie as a PDF .1.As af{Irelallun or vd., curhlpanyh: dornpllarlce with Sir 317, Ir•N IM1•,a in.tnrrinny to suhoih the E•Verifv Memorandum of tlndel manding for Employers PPrlura IC futwhd 1114 POPIoDl E-VMnry MgmgfP m of Undirllapoing for Enrplayll3 Wln result the Ialmy.ing • The as Para l Idw bidder Wdr I deemed I1ah-leepnntlhve, and Iheli pfoi l9uora>tly Will ti—he the preoerSy of the xSe[n, her es a penaltybury as Il r led damages The bidder larfaltAa the pfevoti l guaranly Will M71 be cahsldefed in future mupotlals for me lief- Work urliads ihela ryas been a subm—t l c-ngls h In [Ile sil o1 The work. • Sl.hcdnVac Lori will not oe approved la work an TxKT prop lx am the di curnemallpn hat bean —iUd. Contractors confirmed as participating in E- Verify Once a aanlhacGgr ar aull—wDcrof rtas cwllplied with these Iequil mat, TkDOT will add the omInahy name to the Ilft of mhlraelore corfemed as partclpallnq in E-Verily to Id4ntily p1im0 LmlTf jctcrl and sugcuntacloM whu have provided the rpquasted dacurnontatlon t0 Lllnfam puficipalion in Iha F-vil ySyalem. Orsclaehl This Will. 4 edofrna119na1 Only ano ehqulq lit u4" 7t a auariw l to ali jgLlfblPf l or Honhalrrui Sec�nllu IpH51 F-1Nr1h Larch Toni 0 By ellcting trial ACCi lhulmh heasw la vie*MIM,dulurs C-rll an Parl}cipaiOng in E•Veory. y.uu o�v acinowul ino lflal you nave reed and uhderstood Ilse auuve l lalelnerll, Step S: Click the List of Participants sheet 32 33 34 35 36 37 38 39 46 41 42 43 44 45 46 48 49 50 51 52 53 54 55 56 57 58 a 1nstruciJ ns: 1.Access the OHS E-Verily Search tool Ihttnstiiwwwo_ 4 Z If the OHS E-Verify Search tool yields reiult5. then the employer is verified as participating in E-Verify. Fallow your documented process to save a record of your search results. 3. The OHS system does not iepott results far employers of !ewer than $ employees. If the DHS E-Verify Search tool does not yield results, its because the employer has registered as having fewer than 5 employees or because they have not registered with E-Verify. 4. For those employers with no search results, check the List of Participants (second tab below entitled "List of Participants'). If the employer is on TNOOT's List of Participants that means TxDOT has a Fully executed MOU on fife for the employer, indicating they have registered with E-Veri7y. S. For those employers with no seatch results and that do not appear on TxDOVs List of Participants, request that they provide a copy of their fully executed (Sitedanddatedbytherm,Rlctur andbyj]tiS)MemorandumofUnderstanding(MOU). How employers obtain a copy of their fully executed MOU; The employer will access =? hKtms-Nwww a-vcnfg jgjd 1. Log -in to your E-Verify account 2. Fiom'Home' page select the down arrow next 4o your name 3. Select'Company Account', then select'Company Profile' 4. In the "Company Access and MOU" section, select hyperlink "View Current MOU" located on the bottom of the"My Company Profile" page 5. Once the page has loaded, you may print the page as a POF file to save your MOU NOTE, Please ensure your web browset's pop-up block@( is disabled as this will prevent you from opening your company's MOU. 6. For those employers that are not On TxOOT's List Of Participants and need to register with OHS, refer the employers to the following; 7. Once the employer downloads their fully earecurad M01 coordinate with the District fat the District to email the MOU to the following email and the employer will be added to Txf30T's Est: CST eve++fur7ixrinr qsy S. Contractors and Subcontractors must remain active with E-Verify registration for the life of the contract so regularly scheduled verification of the employer's registration with E-Veiify should occur. This is again a000mplished Following the aforementioned steps. Reautrements to be added ta'r 007's L+41 of Partiidvaots [effective 03/10/20231: 1. The request should come from the TxOOT Ofstrict in which the project is associated with. 12. It is the responsibility of the (TuOOT District office Wrea officel) to ensure an employer is set up in the intetna4 TXDOT system' prior to E-Verification submittal to=) (`.fiT .­iF..6)tddaLac y 3. Employer name on thefuly executed (digitally signed and digitally dated by employer And by OHS) Memorandum of Understanding (MIOU) must be relatively similar to the name in the internal TxDOT system'. 14, TxDOT's List of Participants serves only the purpose al "marrying up" the name in OHS (as the MOU reflects) with thv name in the internal TxDOT system'. ' Internal TnOOT system refers to SMS (where Subcontractor setup resides). Instructions I List of Participants Step 6. Click the "Find St Select" tool in the top right of the spread sheet YLAutoSom - A� (D rm P a © Fill _ Insert Delete Format Sort& Find& # CI¢sr- Finer- Wed- Etllt Editing .S find... k 1 K t Gc To SP¢sial.., For..Wlas C¢rSPn ils sanditionat Forrnattrng CC,EpWnu Data 1Validatlan i} SdectQ61¢ds 17 ply Selection Sane... Step 7: Enter the company name in the "Find what:" search box and click "Find All" Find and Replace 0 Ping Re2laee Fslad what: oplioni ,, Find All I findNext I Clore (Vote: TxDOT determines each contractor's bidding capacity —the maximum dollar value a contractor may have under contract with TOOT at any given time. A contractor may request and receive bidding proposals for upcoming projects for which the engineer's estimate does not exceed bidding capacity, less any other TxDOT work currently under contract. Once TxDOT qualifies a bidder, the approval is valid for one year from the date of the financial statement. Bidder's Questionnaires are valid for one year from the date of receipt by TxDOT. The Materials Supplier's Questionnaire does not require the submission of financials and therefore no bidding capacity is assigned to MQ suppliers bidding on material projects. The MQ is valid for one year from the date of the receipt by TxDOT. TxDOT grants a 90-day grace period for the preparation of a new qualification statement. All qualification statements must be received at least 10 days prior to the date of the project letting. "+�JOaOAN� T YIQCNNQ � .....i�2�06 .... ADDENDUM NO. 2- ssumBY HALFF ASSOCIATES, INC. OFFICIAL DATE OF ADDENDUM: September 21, 2023 Centreport Trail Ph 1 (City Project # 100082) for the City of Port Worth, Texas This addendum forms part of the Contract Documents and modifies the original bidding documents dated March 7, 2023. All bidders must acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to ac mawled r reggiUUf an addendUM_Vill resukin-the bid not beine read. 1►C�� ��lI C� � IM C � This addendum shall be considered part of the Contract Documents for the above mentioned project as though it had been issued at the same time and incorporated. therewith. Where provisions of the following supplementary data differ from those of the original Contract Documents, this Addendum shall govern and take precedence. Work not specifically deleted, modified, changed or altered by this Addendum shall remain in effect as a part of the Contract Documents. Bidders are hereby notified that they shall make any necessary adjustment in their estimates on account of this Addendum. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. Acknowledge the receipt of this Addendum on your Proposal. Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. 0 8Y - _ _ David Munoz, Project Manager This addendum consists of twelve (1-2) pages, including attachments. PRE -BIDDER'S MEETING OUESTION CLARIFICATIONS 1. Will the COFW be providing; an allowance to pay for railroad flagging? No, railroad flagging shall be subsidiary to various project costs. 2. On TXDOT detail FW-0 note 5, the note states that the 5" concrete riprap will be paid under Item 432, but that item was not provided. Will item 432 be provided or will the concrete riprap be subsidiary to the l+W-0 Wingwall item? (Refer to sheet 119, sheet 125, and highlighted image) Riprap for headwall shall be subsidiary to FW-0 Headwall. This addendum supersedes the plan note. / FL=4 Ilk k C ULLAFi ° L�7a.i s f�,f 3 a` Q 90 PROP r i 11 IN A STA 11 fi98.54. 50.70' RT T�Kt LL B �+�• INSTALL TXDOT TYPE FW0 WINGWALL F L=464.04 wEX TXDOT ROW 4. Quantities (51 LF) for handrail on the bridge are not included in the bid form, please advise where that quantity will be paid under. Bridge rail is subsidiary to the bridge pay item (Item 4000 6007). The 51 LF of handrail used on the abutment wingwails is Ty E (Item 450 6051). This is accounted for on the quantity tables and the bid form. 5. Is it the intent to build a stone wall or to use a formliner for the stone veneer walls A & B? The contractor shall use stone veneer. The contractor shall subm it a mockup for approval prior to construction. The existing wall is similar to an Oklahoma chopped stone but shall be the contractor's responsibility to match existing for the mockup. The veneer shall be a minimum of 1.5" thick. A capstone shall be used that matches existing. All of these costs shall be included in the wall pay item. 6. Will the 7% DBE goal only apply to Base Bid total or will it include Alternate I and Alternate 2 totals? DOE goal applies to Base Bid, Alternate 1, and Alternate 2. 7. Can form 2065 be submitted for TxDOT prequalification? Bidders must fill TxDOT Bidder's Questionnaire (Form 2065). Refer to attachments. 8. How will City of Fort Worth evaluate the bids? Will it be based on just low base bid or low base bid+alternate l+alternate2 total? The bid evaluation will be based on the low bid for the the total of the Base Bid, Alternate I, and Alternate 2. 9. On sheet 129, note 2 of sequence 3, it specifies to remove temporary special shoring at existing abutment, The distance between the temporary shoring and back of wall DI is only couple of feet making the mobilization of equipment to remove temp shoring impossible. Due to this reason, will City of Fort Worth allow to leave the temporary shoring in place? The shoring may be abandoned in place. Contractor shall coordinate with THE to confirm abandonment requirements and obtain approval of the temporary shoring system. 10. At prebid meeting, DART representative indicated no impacts to the tracks will be allowed during the dates of the state fair. Please supply dates and specific impacts that are prohibited during those times. Per DART staff at the pre -bid meeting, the State Fair is from September 29 — October 22. No construction activities shall be allowed to disrupt railroad operation. However, since CentrePort trail alignment is going under railroad bridge and won't have direct conflict with railroad track, construction activities can remain active without pause. 11. On sheet 129, temporary strut shown in between walls D1 and E. Please confirm this strut can be abandoned in place and remain embedded in the flow fill. Strut can be abandoned in place. 12. On sheet .I of general notes, it specifies that the pay quantity determination of earthwork "may be" developed photogrammetrically. Please confirm this will be the case on this project as TxDOT specification state that Excavation will be paid per plan quantity. Total payment for earthwork shall be limited to plan quantity. 13. What type of solar lights are required? Light information: Manufacturer: JEC energy solutions (or approved equal) Light Model: JEC-XA-L.ED-Ai0-40W-5K-MS (LED SOLAR 40W 5000K MOTION SENSOR) Light Height: 15' Pole: JEC-DBP-ISX4 (18FT DIRECT BURIAL POLE BLACK 41NCH ROUND, 15' above ground and 3' buried underground) Color: Black 14. Is E80 shoring required on Wall D I? Yes. The shoring shall be designed to account for E80 and soil loads. However, in no case shal I the design loads for the shoring be less than those shown on Sheet 129. The shoring is subject to final approval by THE in accordance with the requirements shown on Sheet 129. 15. Clarification of TxDOT pre -qualification requirements. The required TxDOT pre -qualification form is 2065 Confidential Questionnaire. For those bidders who have already submitted the form 2066, you should follow level 5 bidding capacity requirement to submit required supporting documents to obtain higher bidding capacity and a confirmation letter from TxDOT. You may request and receive bidding proposals for projects on which the engineer's estimate does not exceed your bidding capacity less any uncompleted work currently under contract with TxDOT. Questionnaire filling is valid for a year. A new questionnaire must be filled/ renewed each year. Limited partnerships, LLCs, and corporations must be registered with the Texas Secretary of State and be registered in the Department of Homeland Security's E-Verify Program. Subcontractors do NOT need to be prequalified with TxOOT. Subcontractors DO need to be registered with the Texas Secretary of State and be registered in the Department of Homeland Security's E-Verify Program, 16. At the bottom of the second page of the bid bond it states the following in the last sentence of the Note: The date of the bond shall not be prior to the date the Contract is awarded. Does that mean we do not date the bid bond? Bid Bonds are submitted with the bid and are to ensure that the contractor awarded the contract actually executes it. PLANS Quantities Sheet 15, attached: 1. Summary of Paving Item table updated to match plan sheet numbers. 2. Moved Ty E Rail quantity to the correct sheet. PROPOSAL Bid Form (00 41 00), attached: I. Replace reference to Form 2066 with Form 2065 under the Prequalification section. Invitation to Bidders, attached: 1. Modify TxDOT prequalification to require Form 2065. Bid Bond (00 43 13), attached: ! . Delete "The date of the bond shall not be prior to the date the Contract is awarded." ATTACHMENTS The following attachments are included as part ofthisaddendum: 1. Plan Sheets 2. Bid Form (00 41 00) 3. Invitation to Bidders 4. City Bid Bond Form (00 43 13) 4 a� ,�aat 93-9 9 i - -� --------- -- - - - - - - - - - - - — 5 --- ----- - n r{ � n n• .. y � N F � o IYii-YMiitt1 \mggG Y11 Yn-xpn-qF IYJ NJtl 9111 `! MIIIHIJ'NGII`li RII\"' "•P-pl•Mxp-Y{�IG�IIgY•+..yi\VPIJ...........gerGv ++\Ix G{ vwY n�wuG[ysiGl/G Gtli1S ADDENDUM NO. J— ISSUED BY HALFF ASSOCIATES, INC. OFFICIAL DATE OF ADDENDUM: September 27, 2023 Centreport Trail Ph 1 (City Project # 100082) for the City of Fort Worth, Texas This addendum forms part of the Contract Documents and modifies the original bidding documents dated March 7, 2023. All bidders must acknowledge receipt of this addendumn, in the space provided on the Bid Form. Failure -to acknowled�e_re_cei pt of an addendum will result in the bid not being read. NOTICE TO BIDDERS: This addendum shall be considered part of the Contract Documents for the above mentioned project as though it had been issued at the same time and incorporated therewith, Where provisions of the following supplementary data differ from those of the original Contract Documents, this Addendum shall govern and take precedence. Work not specifically deleted, modified, changed or altered by this Addendum shall remain in effect as a part of the Contract Documents. Bidders are hereby notified that they shall make any necessary adjustment in their estimates on account of this Addendum. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. Acknowledge the receipt of this Addendum on your Proposal. Please attach. to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. By: `ter Y David Munoz, Project Manager This addendum consists of two (2) pages, including attachments. PRE -BIDDER'S MEETING OUESTION CLARIFICATIONS 1. Does City of Fort Worth intend that contractors utilize the staging areas as access points for each scope i.e. Base scope access is from the parking lot at the Centre -Port station only, Bid Alt 2 Access to alignment is off of 360 south, etc? Any access routes can be used as needed to construct different segments of trail. 2. Will Contractors be allowed to utilize the TxDOT night Of Way to build an access road for construction equipment and material deliveries alongside the alignment of the sidewalk? TxDOT Right of Way may be utilized within limits of work for access roads. Contractor shall coordinate with TxDOT prior to working within TxDOT light of Way or modifying existing traffic control devices such as traffic rail, metal beam guard fence. etc. 3. How will Contractors be paid for constructing and removal of the access road? No separate payment shall be made for access road construction, removal, and restoration of disturbed areas associated with access roads. 2 00 11 0 INVITATION TO 131DDI RS Page l of°2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF SIDS Sealed bids for the construction of CentrePort Trail Phase 1, City Project Numbers 100092 ("Project") will be received by the City of Fort Worth Purchasing Office until { 1:30 P.M. CST, Thursday, September 28th, 2023) as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Construct a twelve (IZ) foot wide trail with two (02). foot wide shoulders from the intersection of Trinity Boulevard/Skyview Drive to the THE CentrePort Rail Station. Project to includes approximately 10,500 SYof5" sidewalk pavement, .3,125 CY of embankment, 6,045 CY of excavation, seven (07) cast -in -place retaining walls totaling 5,873 SF of wall face, and two (02) drill shaft retaining wally requiring approximately 4,530 LF of drill shaft (36 "-48 " diameter) and totaling 3,697 SF of wall facia, 718 LF of cast -in -place 54-inch tall Single Slope concrete traffic barrier, and one (01) 100 foot span pedestrian bridge including drill shafts and substructure. Project will also include removals. small drainage .structures, signage. striping and erosion control. TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) PREQUALIFICATION Bidders must fill TXDOT Confidential's Questionnaire (Form 2065) and submit to TXDOT at least 10 days before the bid opening date on'fhursday, Sept 28th, 2023. TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) Certification of DBE, Goal. The goal for disadvantaged business enterprises is established: DBE (7% Dace -conscious) DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthtexas.gov/purchasing/ and clicking on the link to the advertised project folders on the City's electronic document management site BIM 360. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTERSEST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ CITY OF FORT WORTH Veloweb (CentrePort Trail Phase I) $TANDARD CONSTRUCT]ON SPECIFICATION City Project No. 100082 DOCUMENT' Revised 071190021 0011 13 INVITATION TO BIDDERS Page 2 of PREBI❑ CONFERENCE — In person A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time: DATE: September 7th, 2023 TIME: 10:00 A.M. CST LOCATION: THE CentrePort Station Parking Lot (near platform) 14470 Statler Blvd, Fort Worth, TX 76155 If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: David Munoz, Park Planner, City of Fort Worth Emsxil:David.Munoz(a7fortworthtexas.gov Phone: S 17.392.5744 Attn: ling Yang, RLA, A1CP, City of Fort Worth Email:Jing.Yang(a?fortworthtexas.gov Phone: 817.392.5742 AND/OR Attn: Jordan Viggiano, PE, Hal IT Associates Email: jViggiano@Halff.com Phone: 214.217.65 I 3 ADVERTISEMENT DATES Ist date for advertisement August 31, 2023 2nd date for advertisement September 07, 2023 END OF SECTION CITY OF FORT WORTH Veloweb (CentrePart Trail Phase 1) STANDARD CONSTRUCTION SPECIFICATION City Project No. 100082 DOCUMENT Revised 07/19/2021 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms 00 21 13 INSTRUCTIONS TO BIDDERS 1. 1, Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents, 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Frequaliflcation of Bidders (Prime Contractors and Subcontractors) Iate r L-; c:t aeEs: A. $ : r types re:,µir:etr v pir Twtiei;s-9Ao['7f 1' lilT S i1CL _ Q`VALLV Tf• A T��Zl-TT. Fir.-,F, _on Cai-1:nn r11 A 1" uuRse-gell7) �Ltlr:r,r�t�S;l.;r�:k l:tr;_ll �,.•..� n;.a.ia nn nc i � 1►.•.'�'tt �'2 � .• '''��t'.:t 1',����ICi::�t1' FrR7fl7) .::,a .:n. a3-z3:.ajc th ,-Lid to be veje: T]..e a uliulr t. r% rv/iZl:}_'la t-y - nn;V all _—_RgUjr9d TitnL' thrnnnh r+t,R rii+y'e ivnl;.erto of• V rr CITY OF FORT WORTH Veloweb (Centrepbrt Phase I) STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Prajert Na. 100082 RevisecitUpdated November 2. 2021 0021 13 INSTRUCTIONS TO 3JD3) ~RS Page 2 of 10 Bidders must fill TXDOT Bidder's Questionnaire (Form 2066) and submit to TXDOT at least 10 days before the bid opening date on Thursday, Sept 28th, 2023. ).1,1 • -oR %vA fl#u:" ! i ...n■a.r ::t N ■r. •r. ■• ■� .. rFK3 VAN.. a 2EId P---- iri --1i#d ea oequ anwp- 11,catod ?t: �sr.Sara,�:...... rr,:r� rs+st��a:tram��a:reeaa�a��aa:rerrrsa�rrly iyl MIL •. : ,KAM III _ . ._ . r �; N«.��414 4X42 ,1. pdf calendar days prior io Bid Q `►` 1, �nnc PIIL. Zri iF. Pmt#-aph 6. 1. 3.1 The City reserves the right to require any pi-e, qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sale discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. CITY OF FORT WORTH Veloweb (Centrepon Phase 1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 100082 RevisedfUpdated November2, 2021 0021 13 INB" UCrIONS TO BIDDERS Page 3 of 10 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Is advised that, City, in accordance with Title V1 of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and 'Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award. 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. CITY OF FORT WORTH Velaweb (Centreport Phase I) STANDARD CONSTRUCTION SPECIFICATION DOCUMENT' City Project Ara. 10002 Revised/Updated November2, 2021 0021 13 INSTRUCTIONS To BIDDERS Page 4 of 10 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that die submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents, The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the ,site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those .reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.,02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4 2AStandard insurance requirements, coverages and limits. CITY OF PORT WORTH Velawab (Cenrreparl Phase 1) STANDARD CONSTRUCTION SPECIFICATION DOCUMFNr City Project No. 100082 FcAsedlUpduted November2. 202t 0021 13 INSTRUCTIONS TO 311)DUS Page S of In 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. CITY OF FORT WORTH Veloweb (Centreport Phase !) STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No, 100082 RevisedlUpdated November 2, 2021 poet 13 INSTRUC'I710NS To BIDDERS Page 6 or In 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p,m„ the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Ural and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: David Munoz or Jing Yong, City of Fort Worth Email: David. Munoz[fortworthtexas.gov orJing.Yongu ornvorthlexas.gov Phone: 817-392-5744 ANDIOR Attn. Jordan Viggiano, Halff Associates, Inc. Email: JVizgiano@halff.com Phone: 214.217.6513 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration ,system at hrep:/fwwvv,foravorihtexas.gov/purchasing/ 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will. transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will -not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions, crry OF FOIST WORTH Velowsb (Cenleepon Phase !) STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Frvjecr No- 100082 ReviseWUpdated Nov=bcr2.2Q21 0021 13 INSTRUCTIONS TO BIDDERS page 7 of 10 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 110. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05H. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. The contractor shall refer to the TxDOT portion of these specifications for D13E requirements. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Did Form 12.1. The Bid Form is included with the Bidding Documents, additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink, Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries steal be legible. CITY OF PORT WORTH Veloweb (Centrepart Phase 1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 100082 Rtvi8edlUpdalcd November 2. 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 a1T 10 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign, The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidders name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.14. Postal and e-mail addresses and telephone number for Communications regarding the Bid shall be shown. 13. Submission of Rids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the naive and address of Bidder, and accompanied by the }aid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. CITY OF FORT WORTH Veloweh {Cenrreporr Phase T} STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cly Prnfecr No, 100082 Revised/Updated November 2,2021 tip 2l 13 INSTRUCTIONS TO BIDDERS Page 9 of 14 15. Opening of Bids Bids will be opened and read aloud publicly. ,An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider tite qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. CITY OF FORT WORTH Veloweb (Cedreporl Phase 1) STANDARD CONSTRUCTION SPECLFICAT10N DOCUMENT Clry Fmject Nu, 10083 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httus.//www.ethics.state.tx.us/da_ta/forrns/1295/1295.1-ndf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 1$.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF TORT WORTH Veloweb (Cenrreport Phaje I) STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City ProjectNv. 100082 RuvisedlUpdatud November 2, 2021 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent (hereinafter referred to as "You") to a City of Fart Worth procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIQ Form) and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) pursuant to state law. You are urged to consult with counsel regarding the applicability of these forms to your company. The referenced forms may be downloaded from the links provided below, hdo.i www.ethics.state.tx.uslforms/CIQ.Ddf httv./twww.ethics.state.tK.us/forms/CIS.c)df El CIQ Form does not apply J CIQ Form is on file with City Secretary f=] CIQ Form is being provided to the City Secretary _.,I CIS Form does not apply 171 CIS Form is on File with City Secretary I. CIS Form is being provided to the City Secretary BIDDER: McCarthy Building Companies, Inc. 3400 N Central Expressway Suite 500 Richardson, TX 75080 END OF SECTION By. Jeromy Shaw Signature: Title:�Senior Vice President Operations CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Farm Revised 20171109 00-42 43_Bid Proposal Workbook.xis 0041 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR- Veloweb (CentrePort Phase 1) from Trinity Boulevard/Skyview Drive to THE CentrePort Rail Station City Project No.: 100082 Units/Sections: Section 1 Base Bid Section 2 Bid Alt 1 Section 3 Bid Alt 2 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included In the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award, 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation_ 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6- Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20160821 0 42 h3_Bid Proposal Workbook xis 00 41 00 840 FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalifred contractors and subcontractors, and additional requirements a. Form 2065 must be on file with this department at least 10 days before the date bids are to be opened. b C. CJ 4_ Time of Completion 4.1. The Worts will be complete for Final Acceptance within 363 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. S. 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. Prequalification Statement, Section 00 45 12 e Conflict of Interest Affidavit, Section 00 35 13 *#f necessary, CIQ or CIS forms are to be provided directly to City Secretary f. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form R®vised 20150821 00 4243_sld P(oporal Warkbook.%Is 0041 00 BID FORM Page 3 of 3 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Aitemate Rid Items {use this if applicable, otherwise delete> Total Base Bid <use this if applicable, otherwise delete $6,447,029.99 Alternate 1 Bid <use this if applicable, otherwise $476,363.23 Alternate 2 Bid <use this if applicable, otherwise $3,716,729.87 Deductive Altemate<use this if applicable, otherwise #REF! M�7' 1',P41 J 13t Additive Alternate <use this if applicable. otherwise #REF! IVO T ,de?C r � Toted Bid $10,640.113.09 7. Rid Submittal This Bid is submitted on September 28, 2023 by the entity named below. Respectfully submitted By: (Signature) Jeromv Shaw (Printed Name) Title: Sr Vice President Operations Company: McCarthy Building Companies, Inc. Address: 3400 N Central Expressway Suite 500 Richardson, TX 75080 State of Incorporation: Missouri Email: js� haw(a7,mccarthv.com Phone: 972-991-5500 END OF SECTION Receipt is acknowledged of the Initial following Addenda: Addendum No. 1: Addendum No. 2: �y JAddendum No. 3: JAddendum No. 4: f Corporate Seal, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Farm Revised 2015DS21 00_42_43_6id Proposal workbook xla UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM ProjEet item Information Hidlist Item No. Description 1006001 PREPARING ROW [ 1006003 PREPARING ROW(TREE)(5" TO 12" D1A) 1006004 PREPARING ROW(TREF)(12"-TO 24" ¢1A 1006007 PREP ROW (TREE)(GREATER THAN 24" D1A) 110 6001 EXCAVATION (ROADWAY) 1326075 EMBANKMENT (FWAL)(IJENS CONT)(TY C1) 1376026 EMBANKMENT (FINAL)(DENS CONT)(TY C2) 1606003 FURNISHING AND PLACING TOPSOIL (4") 1626002 BLOCK SODDING 1646007 BROADCAST SEED (PERM) (URBAN) (CLAY) 164 6O51 DRILL SEED (TEMP)(WARM OR COOL) 1686001 VEGETATIVE WATERING 180 901 WILDFLOWER SEEDING 403 6001 TEMPORARY SPL SHORING 416 60(W DRILL SHAFT (36 IN) 416606 DRILL SHAFT (42 IN) - — 4206007 CL A CONC (FLUME) 4206064 CL C CONC (COPING) 423 6W5 UTAINtNO WALL (SPWMO FOo,rI NG) 4236007 RETAINING WALL (DRILL SHAFT) (FACIA) 432 6003 RIPRAP (CONC) (6 IN) 4326031 FJPRAP (STONE PROFCCION) (12 IN) 4326033 R➢PRAP (STONE PROEGTION) (IS IN) 4506051 (HANDRAILKTY E)(MOD) 4626019 CONC BOX CULV (8 FT X 4 FT) 4646003 RC PIM (a 111)(1$1,) - 4656152 INLET (COMPQ(PAZD)(RC)(3FTX3FT) [ 4666179 WINGWALL(PW-I) 5006001 MOBILIZATION 502 6001 SARRICADE.R, SIGNS AND TRAFFIC HANDLING [ 5060003 ROCK FILTER DAMS (INSTALL) (TY 3) { 5066011 ROCK FILTER DAMS (REMOVE) 506 6020 CONSTRUCTION E7i1TS (INSTALL) (TY 1) 5066024 CONSTRUCTION EXITS (REMOVE) 5066041 BIODEG EROSN CONT LOGS (INSTL) (12") [ 5066043 BIODF(3 EROSN CONT LOGS (ItF.MOVF,) [ 5316002 CONC. SIDEWALKS (5") 531 6010 CURB RAMPS (TY 7) [ 5316055 CONC. SIDEWALKS (8') 540 6001 MTL W-9$AM GO PEN (TIM POST) 5446001 GUARDRAIL END TREATMENT (INSTALL) 544 6003 GUARDRAIL END TREATMENT (REMOVE) 5506001 CHAIN LINK FENCE (INSTALL) (6') 550 6020 CI4AIN LINK FENCE (INSTALL) (4') +jl 6106166 IN RD IL (TY SA) 20S-4 (150 EQ) LED 6446023 1N SM RD SN SUMAM TYFRF(1)(,IA(Y) 6446060 1N 5M RD SN $UP&AM TYT WT(I)W$(P) 6446069 RELOCATE SM RD SN SUP&AM TY IOBWG [ 6666170 REFL PAV MRK TY 11(W) 4" (SLD) 666 6206 ItM PAV MILK TY 11(Y) 4"(DOT) [ 6666207 REEL PAV MRK TY II (Y) 4" (SLD) 6786001 PAV SURF PREP FOR MRK (4") 1004 6001 TREE, PROTECTION Section No. Base Bid 100 100 100 100 110 132 132 160 162 164 164 154 180 403 416 - 416 420 420 423 423 432 432 432 450 462 464— - 465 406 500 502 506 506 506 -- 506 506 $06 531 531 531 540 544 544 550 550 610 644 644 644 666 666 666 678 1004 00 42 43 BID PROPOSAL Page I ors Bidder's Application Bidder's, Proposal Unitnt' aid UttitPriee I Bid Value I Mcasurc aa Qatity 1 1 STA 47.3 $9,640.31 $455.986,661 FA 66 $325.00 $21,450,001 EA 17 S345.00 S5,865.001 EA 3 $1,200.00 S3,600.001 Cy 4760 $40,00 $190,400,001 CY 1280 S9,57 $12,249.601 CY 420 $58.16 $24.427.201 SY 8790 $1.85 $16,261.501 SY 2339 $6.69 $1S,647.911 SY 6452 S0.68 S4,387.361 SY 8790 $0.50 $4595.001 MG 252 S161.10 $40,597.20 AC 134 S5,516.15 S7,391.64 SF 4440 $70.00 $310,800.00 LF 2215 $370.00 $019,550.00 LF 1310 S425.00 $156,750.00 CY 115 S900.00 $1.350.00 CY 312 $1,475,00 $460,200,00 SF 2894 S240.00 S694,560,00 SF 3542 1195.00 $690,690.00 CY 9 $800,00 $7,200.00 CY 5 $449.00 $2,240.00 CY 16 S391.00 $6,256.00 LF 1745 1130,00 1226.850.00 LF 16 $1,26500 $20,208.00 LF 24 S175.78 $4.218.72 EA 1 $7,075,43 $7.075.43 EA 2 $22.000.00 $44.000.00 LS _ — 1 %44703,00 $644 70.00 MO 17 $6,000.00 S102,000.00 LF 32 $55.72 $1,793.04 4F 32 $30.95 $9%,40 -Sy -go- - $50.00 $4,000.00 SY 80 $19.50 $1,560.00 LF 5510 $5,26 $28,9 UD LF 5510 $1.96 $10,249.60 SY 6241 S96.00 S599,1%,00 EA 1 $2,000.00 $2,000.00 Sy 730 $110,00 $90,300,00 LF 105 S74.29 S7,800.45 EA I S4,878.48 S4.878.48 EA 1 $433.37 $433,37 LC'J_ 2202 S33,00 $72,666.001 LF 403 $27.96 111,227 58 EA 2 S42,000.00 $84,000.001 EA 5 $1.300,10 S6,500.501 EA 19 S557.19 $10,596.611 EA 1 $557,18 $557181 LF 1091 $1A7 - 51,985.62 LF 530 S 1.82 $964.60 LF 2671 $1.82 S4,861 22 LF 4292 $0,06 $257.52 EA 55 — -- $2000,00 $110,000.00 Total Base Bld 56.447,02939 CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION bOCUMENTS Fp—R—i"d2Di20120 00 42_43_Bid PmpmdWorkheok.xls 00 42 43 BIS) PROPOSAL PPIF 2 of 3 Altemato Bid I Il 1006001 PREPARING ROW 100 STA 5,6 $7,590.16 $42,504.90 [ 1106001 EXCAVATION (ROADWAY) -110 -- CY 250 $43.19 $10,797,50 1326025 EMBANKMENT(FINAL)(DENSCONT)(TYCl) 132 CY 20 $40.61 $812,20 1606003 FURNISHING AND PLACING TOPSOIL (4") 160 SY 170 $3.61 S613.70 1626002 BLOCK SODDING 162 $Y 170 $19.25 $3,272.50 164461 DRILL SEB,D(TEMPxWARMop. COOL) 164 SY 170 $11.32 $1,958.40 1696001 VEGETATIVE WATERING 168 MG 7 $159.19 11,114.33 [ 1906001 WILDFLOWER SEEDING ISO AC 0.01 $4,272.00 $42.72 3606027 CURB (TYPE 11) 360 LF 131 $115.95 S15.189.45 _ 403 6WI TEMPORARY SPL SHORING 403 SF 613 $75,00 S45,975.00 420 6074 CL C CONC (,MISC) 420 CY 106 $439 55 $46.592.30 423 6005 RETAINING WALL (SPREAD FOOTING) 423 SF $15 S212,47 $109,422.05 4796001 ADJUSTINO MANHOLES 479 EA 1 S1,288.59 S1,288.59 4966040 REMOVING STR (RET WALL) 496 LF 105 $25.01 S2,626.45 $00 6001 MOBILIZATION _ 500 LS i 142,505.00 $42,505,00 302 6001 SARRICADES, SIGNS AND TRAFFIC HANDLING 50.2 MO 3 $8,709,02 $26,127,061 5066020 CONSTRUCTION EXITS (INSTALL) (TY 1) 506 SY 80 $30,95 $2,476.001 5066024 CONSTRUCTION EXITS (R-RMOVE) 506 SY 80 $14.50 $1,560.001 5306004 DRIVEWAYS (CONC) 530 $Y 109 $199,30 $21.723.701 3316002 CONC. SIDEWALKS (5") 531 $Y 364 $119.86 $43,629.041 [ 5316010 CURB RAMPS (TY 7) - 531 EA 8 SI,919.45 $15,355.601 64-4 6060 IN SM RD SN SUP&AM TYTWT(t)WSCn 644 EA_ I_ S557.18 S557.18 6185 6W2 TMA (STATIONARY) 6195 DAY 84 $478,69 S40,209.96 Tall AltmuAte H141 $476,353.23 I [ Allenvate Bid 2 1006001 PREPARING ROW 100 STA 30.3 S1O,735,00 $325,485,20 100 6003 PREPARING ROW(TREE (5' TO 12" DlA) 100 EA 44 $179.40 $7.893.60 IOD 6004_ PREPARING ROW(TREE�(12" TO 24" DIA IDD EA 7 S331.51 S2,320.57 [_ IDD 6007 PREP ROW (TREEj(GREATER THAN 24" D[A) 100 EA 1 $1,481.27 $1,481.27 [ 1106001 EXCAVATION (ROADWAY) 110 CY 1035 S19,64 S20,327,40 [ 1326021 EMBANKMENT (FINAL)(DENSCONT)(TYC1) 132 CY 1875 $10.54 $19,762.50 [ 1326026 EMBANKMENT (F1NAL)(OEN$ CONT)(TY C2) 132 CY 470 S57.04 526,8U8.8O r 1606003 FURNISHING AND PLACING TOPSOIL (411) 160 SY 6233 $1.69 $10,471,44 1626002 OLOCXSODDING 162 SY 1942 $6,25 $12,137.50 1646007 BROADCAST SHED (PERM) (URBAN) (CLAY) 164 SY 4292 50.80 $3,433.60 164 6051 DRILL SEED (TEMP)(WARM OR COOL) 164 SY 6233 S0,62 S3,864.46 1696001 VEGETATIVE WATERING 168 MG 174 S156.63 $27,253.62 [ 1806001 WILDFLOWER SEEDING 180 AC 0.89 $6,438.61 $5,730.36 F-400 6005 CEM STABIL BKFL 400 CY 76 $230.00 S 17,480,00 4026001 TRENCH EXCAVATION PROTECTION 402 LF 105 $3,52 $369.60 4034001 TtMPORARY SPL SHORING 403 SF 1204 $205.00 $246,020.00 4166002 DRILL SHAFT (24 IN) 416 LF 124 S127,54 $15.814.96 416 6005 DRILL SHAFT (42 IN) 416 LF 372 S376.34 $139,998.48 _ 4166006 DRILL SHAFT (43 IN)_ 416 LF 633 S549.12 S347,592.96 4206007 CL A CONIC (FLUME)_ - 420 CY 42_ S543.28 $22,817.76 4206014 CL C CONC (ABUT)(HPC) 420 CY 60 $1,229.14 $73,748,40 4206029 CL C CONC (CAP) 420 CY 83,9 $1,196,91 $100,420.75 4106074 CL C CONC (MISC) 420 CY 56 $740.25 $41,454,001 4226001 REINF CONC 51,A8 422 SF 1204 $14,52 $17.482,00 4226015 APPROACH SLAB 422 CY 17 S9D6.66 $15.413.221 42360D_5 RETAINING WALL (SPREAD FOOTINGS 423 SP 2464 S138,06 S340,179.841 423 6007 BETAIMNG WALL {DRILL HHAM (FAC_ IAA 423 5F 155 5130.76 $20.267.801 4326031 _ - RIPRAP (STONE PROECTION) (12 IN) -_ - 432 CY 49 S248.88 $12,195.12 [ 432 6033 RIPRAP (STONE PROECTION) (19 IN) 432 CY 39 $314,64 S28,002.96 [ [ 4506D31 (HANDRAIL)(TYE)(MOD) 450 LF 879 $125,32 $110,595.781 [ 462 6019 CONC BOX CULV (8 FT X 4 FT) 462 LF 31 $1.340.45 $41,553.951 464 6003 PC PIPE (CL 111)(18") 4" LF 22 $135.51 $2,981.221 464 6005 RC PIPS (CL 111)(24") 464 LF 244 S291.52 $71,130.331 4636012 JCTBOX(COMPL)(P83)(8FTX3FT) 465 to 1 S31,392.67 S31,392.671 4656167 INLET (COMPL)(AD) 465 EA I S10,587.70 S10,587.701 [ 4666151 WINGWALL(FW-0) 466 EA 1 $36,342.69 S36,342.691 r 4666179 WINGWALL(PW-I) 466 EA 4 $10,080.43 $40,321,721 4796001 ADJUSTING MANHOLES 479 EA 2 $1,288,60 $2 SMO[ 4966006 REMOVING STR (HEADWALL) 496 EA 1 $6,08,82 $6,139.921 5006001 MOBILIZATION 500 LS I $325,481.00 5325,48i.00 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING 502 M0 4 S19,I86.79 $76,747.12 5066003 ROCK FILTER DAMS (INSTALL-) (TY 3) 506 LF $6 $55.72 $3.120,32 CITY OF FORT WORT: STANDARD CONSTRICTION SPECIFICATION DOCUMUNTS Form Reviod 20110120 00.42..43. Rid Pmpotal Workbwk,xls 506 6011 ROCK FILTER DAMS (REMOVE) 5066020 CONSTRUCTION EXITS (INSTALL) (TY 1) 5066024 CONSTRUCTION MT$ (UMOVE) 5066041 HIODEG EROSN CONT LOGS ON5"rl.) (12") 5066043 1310090 EROSN CONT LOGS (RF,MOVE) 5126005 PORT CTS(FUR&IN5T)(F-SHAPE%TY1) 512 6D53 PORT CTS (FEMOVE)(F-SHAPE)(TY I)_ L 514 601 D PERM CTB (SGL SLOPE) (TY_ 2) (54")_ 531 6002 CONC. SIDEWALKS (5") 5405023 MTL BEAM GD FEN TRANS (THRIE BEAM) 28" 542 6001 REMOVE METAL BEAM GUARD PENCE 542 6002 REMOVE. TERMINAL ANCHOR SECTION 545 6005 CRASH CUSH A-n-EN (1XMOVE) i` 5456007 CRASH CUSH A17EN (IN5TL)(L)( VI 31 5456019 _ _ CRASH COSH ATTEN (1NSTL)(3) N( )(TL3) 5506020 CHAIN LIMO FENCE (IN_ STALL)-(4') 550 CANTILEVER GATE 6106166 IN RD IL (TY SA) 2OS-4 (150 EQ) LED 6446060 IN SM RD SN SUP&AM TYTWT(1)WS(P) 666 6170 REFL PAV MRK TY II (W) 4" (SLD) 6666205 12EFL PAV MRIC TY II (Y) 4" (DOT) 6666207 REEL PAV MRK TY 11 (Y) 4" (SLD) 6786001 PAV SURF PREP FOR MRK W) 1004 6001 _ TRFE PROTECTION_ 3077 6001 SP MIXESSP-BPG64.22 4000 6018 PREFABRICATED PEDESTRIAN STEEL TRUSS SPAN (I DO FT) I I 00 42 43 BID PROPOSAL PsF 3 of 5(16 LF 56 $30 93 $1.733.20 506 SY 80 $30.95 $2,476.00 106 SY 80 $19.50 $1,560.00 $06 LF 3242 $5.26 $17.052.92 506 LF 3242 S1.86 $6,030.12 512 LF 780 S74.00 $57 720.00 512 _LF 780 $5,62 $4,181,60 514 LF 718 $193.20 SQ3 ,717,60 531 SY 3834 $69.34 $265,849.56 540 EA 2 $3,064,53 S6,129.06 542 LF 911 $3.51 $6,901,611 542 EA 2 S371,46 S742.921 545 EA 2 n1,547.75 $3,095.50 545 EA 1 S35,721,87 $35,721.871 545 EA_ 2 SI2,629.57 S25,259.141 550 LF 132 $27.96 $3,677.521 550 EA I $11,762,84 $11,762,341 610 EA 2 VIAS8.36 S83,716.721 644 EA 17 S557,19 $9.472,231 666 LF 666 $182 $1.215,761 666 LF 397 $1,82 $704.341 666 LF 1308 S1.82 S2 380.56 678 LF 2363 SO.06 $141.79 1004 EA _ 36 $1,392,97 $50,146.92 3077 TON 111) $354,27 $60,%9.701 4000 EA 1 $253,169,08 $253,169.OSE END OF SECTION Total Alternate Hid 2 33.716.729.871 1 1 Total Hid $10,640,113,09( CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 42_43 Bid Proposal Workbook,nls SECTION Eta 43 13 BID BONE] KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page i of 2 That we, McCarthy Building Companies, Inc. , known as "Bidder" herein and Travelers Casualty and Surety Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United Stales, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as Veloweb (CentrePort Phase I) from Trinity Boulevard/Skyview Drive to THE CentrePort Rail Station NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City In accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal andlor Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount, PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 25th day of September. 2023.X ATTEST: Witness as to Principal CITY OF FORT WORTH $iANOARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20171109 PRINCIPAL: McCarthy Building Companies, Inc. 13Y_ r" ,,,ul`gnature ,erlsAfty Lew S, V.,, 1 Name and Title 0041 00_00 43 13_00 42 43_00 43 3701145 12-00 35 13_Bid Proposal Workbook,* i �touretyusan A.Welsh Attach Power of Attorney (Surety) for Attorney -in -Fact 004313 8ID SONP Paga 2 of 2 Address: 3400 N. Central F-xpresswev, Suite 500 Richardson. TX 75080 SURETY' Irayelers Casualty and Surely Comnanv BY. Yin .s st— - _ r— Signature Christine L. Sandoval, Attomey-in-Fact Name and Title Address: One Tower Sauare Hartford. CT O6183 Telephone Number: 203-277-0111 "Note; If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. if Surety's physical address is different from its mailing address, both must be provided. The date of the bon6shall not be prior to the date the Contract is- awarded. CND OF SECTION _ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20171109 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 3513_6Id Proposal Workbook.)ds IMPORTANT NOTICE To obtain information or make a complaint - You may call Travelers Casualty and Surety Company of America and its affiliates' toll - free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htt �lwww.tdi.state. N.us E-mail: ConsumerProtection(M-tdi.state.tx.us PREMIUM OR CLAIM DISPUTES; Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. ;PN-042-0) Ed.10.18.07 'AM TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint CHRISTINA L SANDOVAL of CHICAGO . IllinolS , their true and lawful Attorneys) -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognlzances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. IX State of Connecticut City of Hartford ss. By: , o ert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2026 ru�N Anna P Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows, RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognlzances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given hire or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegations is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers; President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in- fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this r`.J day of ,�.,-� �y tG - If A 14 F tvnE. Hughes, AssiDstant S cretary To verify the authenticity of this Rawer of Attorney, please call us at 1 -800-421 -3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached 004337 VENDOR COMPLIANCE TO STATE I AW 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 State Here ov Blank , our principal place of business, are required to be °lu Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of Missouri 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. 0 BIDDER: McCarthy Building Companies, Inc. 3400 N Central Pxpressway Suite 500 Richardson, TX 75080 ENI) OF SECTION By: Jeromy Shaw .-7 (Signature) Title: Senior Vice President Operations Date: 710'e. boa CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 0000 43 13_00 42 43_00 43 37_00 45 12_00 35 93_13id Proposal Workbook -xis 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 Form 2066 must be on file with this department at least 10 days before the date bids are to be opened. ❑+ 0 0 Contra ctorl5ubcontraetgr Company Name PrequalificationExpiration Date McCarthy Building Companies, Inc. 12131/2023 Company Name Here or space Company Name Here or space Company Name Here or space Date Here or space Date Here or space Here or space The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: McCarthy Building Companies, Inc_ 3400 N Central Expressway Suite 500 Richardson, TX 75080 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Farm Revised 20120120 By: Jeromy Shaw /f (Signature) Title: Senior Vice President Operations END OF SECTION Date: 67! 'l 6 00_42_43_Bid Proposal Workbook.xls 004526 -1 CONTRACTOR COMPLIANCE W1711 W011K.E.111S COMPIYNSATfQNLAW Pap 1 of l 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORYMR'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No, 100082. Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 10 12 13 14 15 16 17 18 19 20 21 2- 23 24 25 26 27 28 79 30 31 32 33 34 35 36 37 38 39 CONTRACTOR: McCarthy Building_ Companies, Inc. Company _ _3405 N. Central Expy Ste 500 Address Richardson TX 75080 City/State/Zip THE STATE OF TEXAS � COUNTY OF TARRANT By; Jeromy Shaw -- (Please Prmi l Signature: Senior Vice_ President, Operations (Please Print) BEF RE ME, the andIrsigned authority, on this day porsonaiiy appeared __ vY1 .__�CA) , known to me to be the person whose name is subscribed to the fore 0I g I Stru'i ent and acknowledged to me that he/she executed the same as the act and deed of .U-(. �J1 � (.EMD for the purposes and consideration therein expre5:�ed and ill the capacity therein stated. GI N UNDER MY NAND AND SEM,, OF OFFICE this _ ��day of L.+a G Y „ MARIA D ID #124784689 Notary NPublic in and for the Matt of Texas #� 124T8 NaCary My commission EXPIres January 16, 2028 IN END OF SECTION CITY OF FORT WORTH teluiveb (CenrrePori Phase 9 STANDARD CONSTRUCTION SPECITICA110N DOCUMENTS CSJ: 0902-90-050 Revi sod July I, 2011 CiyPri)jeci No. 100082 3 4 5 6 7 9 I (7 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 QO 45 40 - I Business Equity Goal Page I oft SECTION 00 45 40 Business Equity Goal APPLICATION OF POLICY If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises (MIWBEs). POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity Firms when applicable, in the procurement of all goods and services. All requirements and regulations stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-1 1- 2020 (codified at: httDs://codelibrarv.amick-al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to this bid. BUSINESS EOUITY PROJECT GOAL The TXDOT Business Equity goal on this project is 7% of the total bid value of the contract. METHODS TO COMPLY WITH THE GOAL On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the ordinance through one of the following methods: 1. Commercially useful services performed by a Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination of Business Equity prime services and Business Equity subcontracting participation, 4. Business Equity Joint VenturelMentor-Protege participation, 5. Good Faith Effort documentation, or 6. Prime contractor Waiver documentation. SUBMITTAL OF REOUIRED DOCUMENTATION_ Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or Department Designee. Documents are to be received no later than 2:00 p.m., on the third City business day after the bid opening date, exclusive of the bid opening date. The Offeror must submit one or more of the following documents: 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 2. Good Faith Effort Form and Utilization Farm, including supporting documentation, if participation is less than stated goal, or no Business Equity participation is accomplished; 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform all subcontracting/supplier opportunities; or 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor - Protege participation, These forms can be found at: Business Equity Utilization Form and Letter of Intent httos://aons.fortworthtexas.2ov/ProieelResources/ResourcesP/60 - MWBE/Business Eauitv Utilization Form DVIN 2022 220324.0f CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Octobor 27, 202 i beloweb (CenrrePort Phase 1) C&I.-0902-90-050 City Project No, 100082 004540-2 Business Equity Goal Page 2 0172 1 Letter of Intent 2 httos:Ilan_ns.fortworthtexas.p-ov/ProicetResources/ResourcesP/60 - MWBE1Letter of Intent DVIN 3 2021.ndf - - -- 4 5 Business Equity Good Faith Effort Form 6 httus://anus.fortworthtexas.v-ov/ProiectResources/ResourcesP/60 - MWBE/Goad Faith Effort 7 Form_DVIN 2022.pdf 8 9 Business Equity Prime Contractor Waiver Form 10 httos://asps.fortworthtexas.izov/ProiectResotirces/ResourceSP/60 - MWBEIMWBE Prime Contractor 11 Waiver-220313.tAf 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RI£ 31 Business Equity Joint Venture Form httvs:pant)s.fortworthtexas.izov/ProiectResources/ResotircesP/60 - MWBE/MWBE Joint Venture 220225.pdf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDERIOFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SURCVI'IT THE WOI1 RED_13USIl�IE$S-FOOT'-OOCIJMUSTA,TION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESCILT IN THE BID BEING DECLARED NON- RESPONSIVE. THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For (questions, :please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. END OF SECTION CITY OF FORT WORTH Veloweb (CewrePorl Phase I) STANDARD CONSTRUCTION SPECIFICATION Documwrs CV.0902-90-050 Revised October 27, 2021 City Project Na, 100082 00 5243 - l Agreement Page 1 of G SECTION 00 52 43 AGREEM FN'r THIS AGREEMENT, authorized on lanuary 23. 2024, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and McCarthy Building Companies, Inc,, authorized to do business in 'Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Veloweb (CenleePort Phase r) QU Pr&ect No. 100082 CU.- 0902-90-050 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the. Contract Documents an amount, in current funds, of Six million four hundred_forty-seven thousand twenty-nine dollars ..and _.ninety -nine -cents 66,447, 029.99). Contract price may be adjusted by change orders duly authorized by the parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 363 days Three Hundred and Sixty - Three working days (Five-day workweek) after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City six hundred and frfly Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH tleloive8 (CenlrcPort Phase 1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C'SJ.•0902-90-050 Revised December &, 2023 City project No. 100082 00 52 43 -2 Agreernen( Page 2 of G Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (prq ject specific) b. Current Prevailing Wage Rate Table c. Insurance Cerlification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. N413E and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. MENINIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to onerate and be effective even_ if it is alleged or_orov_en that all or_some _of the damaeyes beint; sought were Caused, in whole or in part, by any act, omission or neelieence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY Or FORT WORTH Veloweb fCenlreftrt Phase 1) STANDARD CONS"rRl1CTION SPECIFICATION DOCt1ME1rP1`S C.SI:0902-90-050 Revised Docember 8, 2023 City Project No. 100082 OD5243-3 Agreeairnt Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alle>aed or prov_en that all or some of the damages bends soueht were caused, in whole or in part, by anv act, omission or neslisence of the city. Article 7. NESCELLANEOUS 7.1 Terins. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign, Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall tenninate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH Veloweb (CentrePorr Phase 1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS M10902-90-050 Revised Duceillher $, 2023 City Project No. 100082 005243-4 Agreement Page 4 of G 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it. (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor; (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. Tho terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor. (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH I elarreb (CeMreParl Phase I} STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90 050 Revised December 8, 2023 City Project No, 100082 as s2 43.5 Agreement Page 5 of 7.1 1 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). [Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement, Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALE, INDENMFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, DR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreernent gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WOR`1"H F'eloiveb (CentrePort Phase 1) STANDARD CONSTRUCTION SPECIFIC.A,TI.ON DOCUMFNTS CSfi0901-90-050 Revised December 8, 2D23 City Project No, 100082 00 5243 - G Agree cnt Page 6 OF IN W11'NESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective fate"). Contractor: By: Signature Jeromy Shaw (Printed Name) -Senior Vic resident, dpe ALns Title _3400 N Central Expy, STE 500 Address Richardson, TX 75080 City/State/Zip Date City of Fort Werth By: C>� Jesica L. McEachern Assistant City Manager Mar 18, 2024 Date - �nn a FfORt-W oa Attest: �goa=o QdQnn�o456 ,la,nnette Goodal(City Secretary (Sea]) M&C: 24-0088 Date: 01 /23/2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. David Munoz Park Planner, Park & Recreation Department Approved as to Dorm and Legality: Jeremy Anato-Mensah Assistant City Attorney I sP APPROVAL RECOMMENDED: Richard Zavala —�-- Director, Park & Recreation Department OFFICIAL RECORD crrY or 1 ORT WORTH Kelowth (1certrrepan Phase 1) S'I ANDARD CONS1 RIK"HON SPECIFICATION 00C I IMEN P. CITY SECRETARY CU-0902-90.0511 Ruvi..icd lke nther R, 2023 FT. WORTH, TX City f'rojut No. 100082 U0 61 13 - I PERFORMANCE BOND Page 1 or2 Bond No.: Federal Insurance Company, K41843846 SECTION oa Gi 13 Travelers Casualty and Surety Company, 107936685 1 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, MoQ?k h Buildinv- Comvanies, h c._ known as Federal Insurance Company 8 "Principal" herein and Travelers Casualty and Surety Company a corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 1 I municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 12 sum of, Six million foe11' hundred rorty-seven thousand twentv-nine dollars, and ninety-nine cents 13 (LG.447 0,L.99J lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas for the payment of which sum well and truly to he made, we bind ourselves, our heirs, 15 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 16 1. WHEREAS, the Principal has entered into a certain written contract with the City 17 awarded the 23rd day of January _ __ _, 2024, which Contract is hereby 18 referred to and made a part hereof for all purposes as if fully set forth herein, to 19 furnish all materials, equipment labor and other accessories defined by law, in the 20 prosecution of the Work, including any Change Orders, as provided for in said 21 Contract designated as Veloiveb (CeitirePnrl Phave 1). CSJ. 0902-90-050. Grp 22 Project No, 160082. 23 NOW, THEREFORE, the conditinn of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 25 perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH 1'elowe6 (CentrePorl Phase I) STANDARD C ONSTR I IMON SPECIFICATION Dol; umt-,NTs M., 0902.90.050 Revised Dccernhcr 8, 2023 Cily Project No. 1011087 0061 13 - 2 PFRrORMANCE ROND Page 2 of 2 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 4 5 6 7 8 9 10 11 12 13 14 is 16 17 Is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the _14th day of February , 202`1 — PRINCIPAL: McCarthy Building Companies, Inc. BY ...Signature ATTEST; (Principal) Secretary nA Title Address: 3400 N Central Expressway Suite 500 _ Richardson, TX 750808 Witness as to Principal SURETY: Federal Insurance Company Travelers Casualty and Srety Com any u BY: ignature Christina L. Sandoval, Attorney -in -Fact Name and Title Address: 202B Hall's Mill Road, Whitehouse Station, NJ 08889 One Tower Squargi Hanford, CT _06183 908-903-2000 1 �ess to urety Susan A. Welsh Telephone Number: 203-277-0111 Email Address: Phllf .Miller Gliuib.wm_ —71 raveiers.com *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. if Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY Or FORT WORTH Vglaiveh (renrrePort.Phase I) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS clu... 0902-90-050 Rcviscd December k, 2023 City Project No. 100082 Have a complaint or need help? Tiene una queja o necesita ayuda? IMFORTrlN'L'NO77CE If you have a problem with a claim or your premiums, call your insurance company first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you fzle a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If you don't, you may lose your right to appeal. To get information or file a complaint with CHUBB: Call Toll -free: i-$oD 36-CHUBB Mail: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA23320 Attn- Surety Support Phone: 800-252-467o Fax:800-664-S3S8 Email: ecsc.clai.tns@ehubb.com To get help with an insurance question or file a complaint with the state: The Texas Department of Insurance Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov E-mail. ConsumerProteedon@tdi.texas.gov Mail: MC-111-1A, P.O. Sox 149091 Austin, TX 78714-9091 .A V7SU IMP0R7!4N7 L Si tiene un problema con un reclamo o ]as primal, llame primero a la empress de seguros. Si no puede resolver el problema, el Departamento de Seguros del estado de Tejas puede ayudar. Si registra una queja con el Departamento de Seguros del estado de tejas, tambien debe presentar una queja o apelacion a traves de su compania de seguros. Si no to hace puede perder su derecho de apelar. Para obtener informacion o registro de una queja con CHUBB: Uame al. s-Soo-36-CHUBB Correa: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 2.3320 Attn: Surety Support Telefono: 800-252-4670 Fax: Boo-664-5358 Correo electronico: ecsc.claims@chubb.com Para ayuda con una pregunta de seguros o registrar una queja con eI estado: El Departamento de Seguros del Estado de Tejas Preguntas: 1-800-252-3439 Quejas: www.tdi.texas.gov Correo electronico: ConsumerProteedon@tdi.texas.gov Correa: MC-111-1A, P.O. Box 149091 Austin, TX 78714-9091 Form ig-t o-0347 [Rev. 2 (.23) IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates` toll - free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-2S2-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://vvww.tdi.state.tx.us E-mail: ConsumerProtection(cDtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-13i Ed.10.18,07 r__HU1=_3B Power of Attorney Federal Insurance Company j Vigilant Insurance Company j Pacific Indemnity Company Westchester fire Insurance Company I ACE American Insurance Company KnoW All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations orthe Commonwealth of 1'ennsylvanla, do each hereby constitute and appoint Richard Casa$, Corinne Chapman, Samantha Chlerlcl, Jessica 6. Dempsey, Derek J. Elston, Rachel Fore, Kristin L Hannigan, Therese M_ Jackson, Jennifer L. lakaitis, Nicholas Kertesz, Judith A. Lucky-Eftimov, Tara A. Maquinto, James B. McTaggart, Nicholas Pantazis, Roger Paraison, Christina L Sandoval, Bartlomlej Sleplerski, Jean Torres, Christopher P. Troha, Aerie Walton, Susan A. Welsh, Sandra M, Wi nsted and Dartonya Wright of Chicago, Illinois --------------------------------------------- each as their tme and lawful Attonmy-In-pant to execute under such de,igniticn in their natnee and to affix their corpdrate seals to and deliver for a nd on their behalf as surety thereon or otherwise, bonds and undertakings and other wrltings obligatory in the nature thereof {other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteratlon orany imtrumegt referred to in said bands or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 21-t day of December, 2023" li:iwil M.t:llltw,xti,L idai7lticcrectry STATE OF NEW JERSEY County or Hunterdan '�'- V li v 4t,_" Swphen 11 11.inty.l'ic41'rt�idtwti . %_A. - c� *L(*)Jl (0 (2 40 f 7)), On fliis 21n day of December, 2023 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to ine known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER III RE INSURANCE COMPANY and ACE AMERICAN INSURANCE, COMPANY, the companies which executed the roregping Power pf Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by and duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of VEDERAL INSURANCE COMPANY, VIGILANT INSURANcr COMPANY, FACIVIC IN1!1WNCrY COMPANY, WRS'1'CHlis,mit Frm INSURANCE COMPANY and Aa AMI:RICAN tNSURANCR COMPANY and know the curporate seals thereof', that the seals affixed to tine foregoing Power or Attorney are such corporate seals and were thareto affixed by authority of said Companies; and that Their signatures as such offleers were dufyafrixed and subscribed by like authority. Notarial seal fy, N+any,« G+ "ae •. A R° Albin Cdliutfl NOTARY PUBLIC OF NEW ]EASLY N4 SD2923GS Cnmmlssian IEWINes AUSUM 22,2M Nnary Pu Inc CERTIFICATION Resolutions adapted by the hoards of Directors of FEDERAL, INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNI'i'V COMPANY on August 30, 2016; WESTCHES'l'ER FIRE INSURANCE COMPANY on December 11, 2006; and ACR AMLRICAN INSURANCE coMPANV on March 20, 2009: "RESOLVED, that the rellnwlne oath, ria:dians relate tv the exemillon, for and on behalf orthe Company, of bonds, undoitakings, recntpdxances, contracts and other written commitments of the Company entered Into it1 the and'm:1ry rmUrse niCUmnSitman4"j; (1) Each of the Chairman, the President and the Vice Presidents of the Companylsheroby authoelaed toexecuteany WrittenCommitmant lorandonbehalfeftherompany,underdie soa! of the Company or otherMso (a) Eaeh duly sppeinted attornuy-iH-fact of the cm„pally is heraby authorized W ezoeute 4hy Wrltt i rpmmlt neht Ibr 4hd ao behalf oche Lr mp+ny, Under the seal ofthe Gorapa+4y 4r oihowlse, Lathe extent that such action is author{zed by the grant of powers provided for In such porsvn'awrltten appalntment assuch anurneydn-fart, (9) Each of the Chairman, the Presddeot and the Vice Presldents of the Companylsherebyauthorized,fotandon beharfaftheCmnpany,toappoint inwriting any person the attorneydn- ract of the company with full power andauthnrlryeoexnsuts, ror and on behairorrhucompany, undar the esaiartheCompany orotherwise, such WrittonCommitmenrsorthoCompngy Ms mAy be tpetRled Ih such Written appointment, which speclIIcation MAV be by general type or class of Written Commitments ❑r by specification of one or more pardw1hr Written CommiLmmtn. (4) Each of the Chairman, the President and the Vice Presidents or the Company Is hereby authorized, far and on hehsif of the Go lnpany, to delegate iq writing to any Ether ommr orthe Company the authoritywexecute, forand unbehalr or the Company, under the Company's seal or otherwise, such Written CommienenUorthe Company asarespecirled Insuchwrltten delegation. which specification may be by general type or Classof Written Commitments of byspseltleahapofoneormore particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment ur appointment or delegation pursuant w this Ru:olution. and the seal of tho Cumpuny, may gm 4f0xe4 by facsimile on such written Commitment or written apporhtment w d eiegsgon, FARTHER RESOLVED, that the fvregoing RoSnllitloh Shall not br deemrd to be drl < IUSiva Statement orter poWersand authority ef0file0rs, Bmployocs and other perlbhs Wick for and oh behalfoFUte rbmpany. and Fitch Rcyplutidn shall not nmitar othorwiteaffact the exorcise of any such power or authority onnerwlne validly granted or vested: I, Dawn M. Cfiloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANYalid ACEAMERICAN INSURANCE COMPANY (tile "Compaws") do hereby eertlfy that (1) the foregoing Resolutions adopted by the Opard of Directors of the Companies are true, correct and in full farce and effect, (11) the foregoing Power ot'Attorney is true, correct and in full force and efflq t ) f 6lVen under my hand and seals of said Companies at Whitehouse Statlon, NJ, thls Pt? b T_ Vk_eM_<_ I-/ Ikiwn till:hl�lne.:l iu;hlt�tttuury'' IN THE EVBNTYOU WISIVr0 VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY LIS OF ANY OTHER MAITER, PLEASE CONTACT US ATr Telenhono r9fiB1903.3493 Fox f96113963.3656 e•mall: suretvfthubb.com Combined: FED-VIG-PI-WFIC,AAIC (ray. 11-19) #. TRAVELERS) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casually and Surety Company, and St. Paul Fire and Marine insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint CHRISTINA L SANDOVAL of CHICAGO , Illinois . their true and lawful Attorneys) -In -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by taw, IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. ItA�Clow trFOlrl �} OOPA State of Connecticut City of Hartford ss. By. r abert L, Rane , enter Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer, IN WITNESS WHIERE:OF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 N4TTA V PUSLIO Anna P. Nowik, Notary Public »w This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows; RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in- Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obiigatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it Is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seat, If required) by one or mare Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company Officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following Officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -In - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which It Is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby oertlfy that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. mated this 1 `—f ' ] day of C� , `s` 1 f t �z �11 9 ? FtADow11 eopt)�e oaa g �irr 6 Kevin E Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please call as at 1-800-421-3880. Please refer to the above -named Attorneys) -in -fact arfd the details of Me bond to which this PowerofAttorney Is attached. 0061 I4 - 1 PAYMFiNT HONII Page I or Bond No.; Federal Insurance Company, K41843846 I SECTION 00 61 14 Travelers Casualty and Surety Company, 107936685 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, McCarthy Building Companies_ Inc. known as Federal Insurance Company 8 "Principal" herein, and T Y@lers Casualty and Sure 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" 10 herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal I 1 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal 12 sum or Six million Four hundred forty-seven thousand twenty-nine dollars and ninety-nine cents 13 G 447 029,191, lawful money of the United States, to be paid in Fort Worth, Tarrant County, la Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 15 executors, administrators, successors and assignsJointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 23rd day of __January . 2024 which Contract is hereby referred to and made 18 a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor 19 and other accessories as defined by law, in the prosecution of the Work as provided for in said 20 Contract and designated as Volawah (CeufrePori Phase l), CSJ. 0902-90-050, City Pro c�c► r Na. 21 100082. 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 29 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 PORT WORTH Irelowe8 (C'enlrePorl Phase 1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSd' 0902-90-050 Revised December R. 2621 City Project No. 100082 0061 14 -2 PAYMFNT 60ND Page 2 0r2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 14th day of 3 Feprua_ry_ 20 •; 4 PRINCIPAL: McCarthy Building Companies, Inc. ATTEST: BY: - Signature (Principal) Secretary - Name add Address, _3400 N Central Expressway Suite 500 Richardson ,, -TX 75080 Witness as to Principal ATTEST: [$�Cl�>ppK8R7�1 Hess as to Surety Susan A Welsh SURETY: _Federal Insurance Company Travelers Casualty and Surety Company r BY: I Pe Christina L. Sandoval. Attornev-in-Fact Name and Title T Address: 202B Hall's Mill Road, Whitehouse Station, NJ 08889 QD mower aNp[e1 Hartford T 06183 908-903-2000 Telephone Number: 20;1-27i-0111 Email Address: Phi_ _!tMillerQCChubb.wrn � CGARFiET2[d�travelerg.eprra 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws 7 showing that this person has authority to sign such obligation. If Surety's physical address is S 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. I I END OF SECTION 12 CITY OF TORT WORTH reloweb (C:entrePorr Phase 1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CV., 0902-90-030 Revised December 9. 2023 City Project No. 100082 Haue a complaint or need help? Ilene una queja o necesita ayud'a? 1WORTANTNOTWE If you have a problem with a claim or your premiums, call your insurance company first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If you don't, you may lose your right to appeal. To get information or file a complaint with CHUBB: Call Toll -;Free: x-Soo 36-CHUBS Mail: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA23320 Attn: Surety Support Phone: 800-252-4670 Fax:800-664-S3S8 Email: ecse.daims@chubb.com To get help with an insurance question or file a complaint with the state: The Texas Department of Insurance Call with a question: 1-800-252-34;39 File a complaint. www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov Mail: MC-iii-1A, P.O. Box 149091 Austin, TX 78714-9091 AWSO IMPQRTANTE Si tiene un problema con un reclamo o las primas, llatne primero a la empresa de seguros. Si no puede resolver el problema, el Departamento de Seguros del estado de Tejas puede ayudar. Si registry una queja con el Departamento de Seguros del estado de tejas, tambien debe presentar una queja o apelacion a travel de su compania de seguros. Si no to hate puede perder su derecho de apelar. Para obtener informacion o registry de una queja con CHUBB: Llame al: i-Soo-36µCHUBB Correo: Eastern Claim Service Center boo Independence Parkway Chesapeake, VA23320 Attn: Surety Support Telefono: 800-252-4670 Fax: Soo-664-5358 Correo electronico. eme.daims@ehubb.com Para ayuda con una pregunta de seguros o registrar una queja con el estado: El Departamento de Seguros del Estado de Tejas Preguntas: 1-800-252-34,19 Quejas: www.tdi.texas.gov Correo eleetronico: ConsurnerProtection@tdi.texas.gov Correo: MC-11i-i& P.O. Box 149091 Austin, TX'78714-9091 F0VM 18-10-4947 (Rev, 2.123) IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll - free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htto://www.tdi.state.tx.us E-mail: ConsumerProtectionOtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. if the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, W ESTCHESTER FIRE INSURANCC COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commortweal rh of Pennsylvan I% do each hereby constitute and appoint Richard Casas, Corinne Chapman, Samantha Chlerlcl, Jessica B. Dempsey, Derek J- Elston, Rachel Fore, Kristin L Hannigan, Therese M, Jackson, Jennifer L- Jakaitls, Nicholas Kertesz, Judith A. Lucky-Eftimov, Tara A. Maqulnto, James B. McTaggart, Nicholas Pantazis, Roger Pairaison, Christina L. Sandoval, Bartlomiej Slepierski, Jean Torres, Christopher P. Troha, Aerie Walton, Susan A. Welsh, Sandra M. Winsted and Dartonya Wright of Chicago, Illinois ------ _--- _----- _..------------ ------------ — -------------- ----- ------------------------------ ------------------ each as their true and lawful Attorney -In -Fact to execute under such designation in their natnesand to affix their corporate seals to and deliver for and on their behaif as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than ball bonds) given fir executed in the course of business, and any instrument; amending or alterlrlg the same, and consents to the modification or alteration of any instrument referred to In said bonds or uhliga1:1011S. In Witness Whet -oaf. said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WV$TCHESTER FIRE INSURANCE COMPANY and ACP AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 21.1 day of December, 2023, I. kiwi Nil Chi, 0)It'. s!Q!�[anlKtrittal'y STATE ❑ F N EW) GRSEY County ofHunterdon Mvi'llull N1.lhin y,VicvllIL,,4dcnl owo�111 Q-11.1 T'; v:L On this 21,1 day of December, 2023 before me, a Notary Public of New Jersey, personally came Dawn M, Chloros and Stephen M, Haney, to me known to he Assistant Secretary and Vice President, respectively, of FEDERALINSURANCECOMPANY,VIGILANTINSURANCECOMPANY,PACIFICINDEMNYI'YCOMPANY,WESTCHESTtRCIRI iNSURANCFCOMPANY and ACEAMERICAN INSURANCE COMPANY, the companles which executed the foregaing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Asslstant Secretary and Vice Presldent, respectively, of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTF.It FIRE 1NSURANCR COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by litre authority. Notarial seal ,2' pelah, !, f"V �4iG J Albert Cnrhtuml NOTAIRV PUBLIC OF NEW JERSEY tJn 562b2369 Cb.n.nit.ian EJ.pi—Auig—t 22,2827 Ne ry hlr CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIN[C (NOWNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 1l, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, Zf104- 'RESOLVED, that the following authorizations relate to tha execution, Wand on behaif of the Company, of bonds, undertakings, n:cagnizances, contracts and MIMI' written rnmmie ljame of LI,4 Cmilpany entered Into In the ordinary courso urbusinoss (oath a "Wrlttoa Commnmvnt" ); (1) 1146 of the Chairman, the Presldent and tha Vice Presidents of the Cmnpany Is hereby authorized to execute any Written Commitment forand on behaVilf the Company, underthe seal of tlic Company at, otherwise. 12) Eachdulyappoinlodatiorney-ln-IidartheCompartyishameynuihorixedtoexecuteany Written Connn4mr-ntforandtin behalfofthe company, under the sealoftheCompanyoroLharwise, to OrotchttharsUdl dCuohf uuU,arlxCd fry U1d AMnto1'p4WCYR PI'avidrd furIn sur11 per5on'A WYItIen appaintmCnt assuch attnrney.ln-fort. 19] Each or the Chairman, the President and the Vlce Presidents of the Company is hereby authorized. for and tin behalf ofthe Company, to appoint to wriLing any parson the aUorneyin- fact of the Company With hill power andauthorltyhomacute, for and on bohal(oftheCompany, under the seal ofthcCompany orotherwlsc,such Writ=rommitmumvortIleCompany as may he apeclEed In such wr;[ten appointment, whlch spoclneaUen may bo by general type or class of Written Cummitmonts or by spcOncatlon or one ar more particular Wrlrtrn Commitmonts. 14) 6aeh of the Chairman, the President and the Vice Presidents of the Company is hereby audmrired, for and on behalrof the Company, to delegate In WrlUng to any other officer of [Ice Cempanythaauthoilltytoeyacute,forandonbehalf of the Company, under the Company's seal or otherWlse, such Written CommitmontsoftheCompany asare specified insuchwritten daiegabon,whlchspeclficill may be by general typeor classof Written C'ommltments or byspeclficodonofonoormoreparUculerWiMnCommi[moots, (5) The signature of arty otncer or odicr prsph rxccuang any Wrlllrn Commitment or gpp.dnfmant nr dOegotion pvms wnt to this Ro olutlen. and the seal of the Company, may he amKed by racalmile on Duch Wrlrton Cnmrnitmenk nr wrlllen appolntmerit ar dolegailun. FURTHER RESOLVED, that the foregoing Resolution shall not bo deemed to he an exclusive smtamnnt of the powers and auihorky oramcors, employees and orhor pormns to act rorand on behalf oI the Company, and such Resolution shall not hmilor otherwlseaffect the exercise ofany such pawor or authorlty ctherwiso validly granted orvestdd." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PAciric INDI?MNITY COMPANY, WEswi-IrStCR 1110 INsURANCli COMPANY and ACEAMPR[CAN INSURANCE. COMPANY (the "Companies") do hereby certify that (1) the roregaing Resolutions adopted by the Board of Directors or the Companies are true, correct and in roll rnree and effect, (11) the foregoing Power of Attorney Is true, correct and In fall force and efrect- i;iyen under my hand and seals of said Companies at Whitehouse Statlonr NJ, this Pe L .c "I i ltlwn 19 f,ltlltrat.Ai:tlantti�izlur 1N'riirL IiVENYdU W1-9H TO VEMI N TN8 AUTIdENT[CI'fY 7'HI$ Bf1NfJ bk i%lb IFV LDS OF ANY OTHER MATTER, PLEASE CONTACT US AT, Telephone 179081903.3493 Fax [9001903.3656 a -mall, suretvOchubb.Lam Combined= FED•V1G-PI-WFir-AAIC (rev, 11.19) Travelers Casualty and Surety Company of America AW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MIEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint CHRISTINA L- SANDOVAL of CHICAGO . Illinois , their true and lawful Attorneys) -In -Fact to sign, execute, seal and acknowledge any and ail bonds, recognizances, conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut City of Hartford ss. By: r 4ortL, Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer, IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2026 APN�HOTAI+Y PUR�O 47, . Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now In full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her Certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and It Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is In writing and a copy thereof Is filed In the office of the Secretary; and it Is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, or conditions[ undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -In -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the �Power of Attorney executed by said Companies, which remains in full force and effect_ Dated this f day of O'ao 41-40y}�je- , i 6 evin E. Hughes, Assittant Secretary To verify the authenticity of this Power ofAttorney, please tall us at 1-800-421-3880. Please refer to the above-nofned Attarney(s)-in-fact and the details of the band to which this Power• 0f Attomey is attdChed poet 19-I MAINTENANCE BOND Page 1 oi'3 Bond No.: Federal Insurance Company, K41843846 SECTION OU 6l 19 Travelers Casualty and Surety Company, 107936685 I 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS- 6 COUNTY OF TARRANT § 7 That we __McCarth-v Buildin Cgmpanies, Inc_ , known as Federal Insurance Company 8 "Principal" herein and Travelers Casualty and 5urery Company_ _ _ , a corporate surety 9 (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" 10 herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal t corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum 12 of Six millionFour hundred fuity-seven thausalad tWClo--nine dollars and ninety-nine cents 13 ($6.447,022,991 lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for payment of which sure well and truly be made unto the City and its successors, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly 16 by these presents. 17 la WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 23rd day of _ January , 2024 , which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, 21 equipment labor and other accessories as defined by law, in the prosecution of the Work, including; 22 any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as 23 provided for in said contract and designated as Vetotveb fCejrl1rePorrPh(iae1), CSJ- 0902-90-050„ 24 Cfry ArWea No. 100092. ; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract documents that the Work is and will remain 28 free from defects in materials or workmanship for and during the period of two (2) years after the 29 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 32 receiving notice from the City of the need therefor at any time within the Maintenance Period. 33 CITY OF FORT WORTH y0olveh (Ce++frrpprr phaw if 8'FANDARD CONSTRUC'NON SPECIFICATION DOCUMP..NTS 0,V, 0902.90-050 Revised De4.ernber 8, 2023 City Project No. 100092 0092 0061 19 - 2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 2 any defective Work, for which timely notice was provided by City, to a completion satisfactory to 3 the City, then this obligation shall become null and void-, otherwise to remain in full force and 4 effect. 5 6 PROVIDED, HOWEVER, if principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to be 8 repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the 9 Surety under this Maintenance bond; and 10 I I PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fart 13 Worth Division, and 14 15 PROVIDED FURTHER, that this obligation shall he continuous in nature and successive 16 recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Yefoweh (CerrrrePad Phase 1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S CSJ: 0992-90-050 Rcviscd Deccrnbcr R.2023 City Project No. 10082 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 lb 17 l$ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 0061 19-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 14th day of _February 2024 PRINCIPAL.: McCarthy Building Companies Inc. ATTEST: (Principal) Secretary Witness as to Principal ATTEST: BY: ignature 11aM1% IName and Title Address:. 3400 N Central Expressway _Suite 500 R Chardson. -r,/ 75080 SURETY: Federal Insurance Comapny Travelers Casualty and SuretyCompay___ _ aY: Signature _Christina L. Sandoval, Attorney -in -Fact - - Name and Title - - — Address: U,25_Hairs Mill Road, Whitehouse Station, NJ 08889 Ohe Tower Square, Hartford, CT 06183 -,. .._ 908-903-2000 I ess as to Surety Susan A. Welsh Telephone Numbev 203�277-0111_ Entail Address: Philip.Miilor(MChubb.com CGARRET2@travelers.00m *Note: If signed by an off cer of the Surety Company, there roust be on file a certified extract fiom the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different fiom its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 V0111110 (Contreport Phase !j CS.1.• 0902-90.050 City Froject No. 100082 Have a colmplaini or need help? Tiene una queja o necesifa ayuda? IMPOKIAl'VTNOTICt: If you have a problem with a claim or your premiums, call your insurance company first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. if you dory"t, you may lose your right to appeal. To get information or file a complaint with CHUBB: Gall Toll -free: Y-Soo 3d-CHUBB Mail: Eastern Claim Service Center boa Independence Parkway Chesapeake, VA23320 Attn: Surety Support Phone: 800-252-4670 Fax:800-664-5358 Email: msc,claims@chubb,com To get help with an insurance question or file a complaint with the state: The Texas Department of Insurance Call with a question. 1-800-252-3439 File a complaint: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov Mail. MC-111-LA, P.O. Box 149091 Austin, TX 78714-9o91 AWSO IMPORTANTE Si tiene un problema con un reclamo o las prirnas, ]lame primero a la empresa de seguros. Si no puede resolver el problema, el Departamento de Seguros del estado de Tejas puede ayudar. Si registra una queja con el Departamento de Seguros del estado de tejas, tambien debe presentar una queja o apelacion a traves de su compania de seguros. Si no to hate puede perder su derecho de apelar. Part obtener information o registro de una queja con CH UBB: Llame al: Y-Soo-36-CHUBB Correo: Eastern Claim Service Center boa Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Telefono: 800-252-467o Fax: Boo-664-5358 Correo electronico: ecsc.claims@ehubb.cotn Para ayuda con una pregunta de seguros o registrar una queja ton el estado: El Departamento de Seguros del Estado de Tejas Preguntas: 1-$00-252-3439 Quejas: www.tdi.texas.gov Correo electronico: ConsumerProtecUon@tdi.texas.gov Correo: MC-111-1A, P.O. Box 149091 Austin, TX 78714-9091 Farm i5-10-0347(liev. 2123) IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toil - free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P_ O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection WIdi_state.tx-us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. {PM-O42-Bj Ed, I0A 8,07 CHUBS Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana torpuratiun, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WF,STCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth or Pennsylvania, do each hereby constitute and appoint Richard CasaS, Corinne Chapman, Samantha Chierici, Jessica B. Dempsey, Derek J. Elston, Rachel Fore, Kristin L Hannigan, Therese M. Jackson, Jennifer L. Jakaltis, Nicholas Kertesa, Judith A. Lucky-Eftimov, Tara A. Maqulnto, James B, McTaggart, Nicholas Pantaxis, Roger Paraison, Christina L. Sandoval, Bartlomiej Sieplerskl, Jean Torres, Christopher P. Troha, Aerie Walton, Susan A. Welsh, Sandra M. WInsted and Dartonya Wright of Chicago, Illinois --------------------- _----------------- ----- — , each as their true and lawful Attorney -in -Fact to execute under such designation I n their names and to affix their corporate seals to and deliver for and on the it behalf as sm rety thereo n or otherwise, bonds and pndertakinjp` and other writings obligatory in the nature thereof [other than ball bonds) given or executed in the course al' buslttess, and any Instrufhonts amendhig or altering the same, and consents to the modification or alteration orany Instrument referred to io said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC iNDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and Arffxed their corporate seals on this 21•1 day of December, 2023. �C�uS�ti`�1 • P IkTvm Lt:hhsr+t�• Lu�i4l:utlStrrelary STATE OF NEW JERSEY County orHunterdon SS �Ic�tlttyt 11. Ilnnc'y. w itc• I'rt.'.widcnt On this 21*t day of December, 2023 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M, Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHfsS m FIRE INSURANCE COMPANYgild ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power orAttorney, and the said Dawn M, Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herselr and himself did depose and say that they are Assisrant Secretary and Vice President, respectively, of I-FDIrRAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNMY COMPANY, WRs'rcHVS'rFR FIRE INSURANCE: COMPANY and ACI,'AMERICAN INSURANCE COMPANY and ]slow the corporate seals thereof; that the seals affixed to the foregoing Power of Attorney are such corporate seAs and were thereto al'fiked by authority of said Companies; and that their signatures as such oMoers were duly arfixed and subscribed by like authority. Notarial Seal `6ruG Albert Contunl NOTARY Pl18LIC OF NEW JERSEY No S02n2369 ComanLasfon Expires Auruse 22,2D27 Notirr --Vile CERTIFICATION Resolutions adopted by khe Hoards of Directors of FEDffiRAL INSURANCE COMPANY, VIGILANT INSURANCt COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WUSTCHESTER FIRE INSURANCE COMPANY on December 11. 2006: and ACU AMFRICAN INSURANCE COMPANY on March 20, 2p09; "RESOLVED, that the following authorizatlaos relate to the wencudon for and on hchalf of the Company, of bunds, undonnkings, recognlaances, mntratts and othar written cDmmlttnenis of thu Company Amtred into in the ordinary courao orbu5inass (arch it"W rltten Commitment'); (1) Each of the Chairman, the President and the Vlre Presidents of the Company Is hereby authorised to execute any Written Commitment for end on behalrorthe Company, under the seal of the Company or otherwise. [2) Nachduly appointed atmrney-in•1'attcfthe Comp -my lsherebyounmri'zedtuexarutuanyWrittenCdMrnMn0nifvrandonbehulfnftheCompany, undertherealurnteCompanyorotherwiss, w the extant that such actlgn Is authorised by the grantor ppwers provided for In such persgn'S wrluen appoIntnfenL as such attol'hey In -fact, (3) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Company, to appoint In writing any parson the 4ttorney•Ih- fact of the Company with full power and authorltytoagccute, for and on bohaifofthaCompany, tinder the sonlofthoCampanyrarotherWlso,QUcftWrlttcnCorn niitrnehNOrthef:dmpany as may be specifled In such written appolntrnehL Which apeclnwtlon may be by general type or class of Wrltton Cummltments ar by spcelflo4lon of one ur more pdrtlC4ldt YJrltteh Commitments. (4) Each of the Chairman, the Prettlant and the Vice Presidents or the Company Ix hereby authorized, for and 0 behalf of the Company, to delegate In writing to any other of for df the Company the authority to executo, for and on behalf of the Company, under the Company's seal or otharwlse, such Written Commitments of the Company as are spednod In such written delegation. which apecilleadwi may be by general type or ciaasDf Written Coritmlbnents or bysped9catlonofone orrnareparticulaTWritten Commitments, (5) 'Cie slghature of any oMver 4r other person executing any Writes C4tnlnitSneryt er appulhtmoryt 4r delegdtlnn pdrsuaM ty 1!11k3 Revglutlan, and the seal of the Company, may he nfflxed by racsimile ern such Written Commitment or written appeintmentor delegation FURTHER RESOLVED, that the foregoing Rosoludan Anil not bodoemodtobeansxclus}w,statementoftilt poworsrod authority ofaMLTrs,employes&andothcrpersonstoMCI: Pnrandtin hahalfnfthe Company, and such Resolution ahall not hinit or otherwise affect the exorcise of any each power or authoNtyotherwlse validly granted ar vested," I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC MDEMNITY COMPANY, WESTCHI+SUR FIRE INSURANCE: COMPANY and ACEAMERICAN INSURANCE COMPANY (the "Companles'7 do hereby ceitily that (1) the foregoing Resolutions adapted by the Enard or Directors orthe Companies are true, correct and In full force and effect, (0) the foregoing Power of Atrorney is true, correcr and in Nil Puree and effect:. Glvetl under my hand and seals of said Companies at Whlteltattse. Station, NJ, this P 1 l t" frL�` •[ 14 { �/ 0 0 *LK Itivn ►1 i',Id, it�..�ail,n1>;t�7iai rk IN THE BVENTY0UWISHTOV9R1FYTHE AUf HENTICITV OPTFJIS BOND OP NOTIFY US OF ANY OTHER MATTER, PLWE CONTACT Us AT! �_ Tolaohone F9081903- 3493 Fax f90111903.36S6 a•molit suret 0clwbb.com Combrad:FQD-vIQ-Pi-WF`iC4AIC(my 11-1M Travelers Casualty and Surety Company of America AM Travelers Casualty and Surety Company TRAVELERS] St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and SI. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint CHRISTINA L SANDOVAL of CHICAGO , Illinois , their true and lawful Attorneys) -in -Fact to sign, execute, seal and acknowledge any and all bands, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021 LA17a�rly a i Hl rU. State of Connecticut City of Hartford ss. By: Robert L. Ran, , nlor Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized offiCer- IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2026 }�oTA�Y Y h/. 4n, PNowik, Notary Public � e This Power of Attorney is granted under and by the authority (if the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive VICe President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act far and on behalf of the Company and may give such appointee such authority as his or her certifcate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognlzances, contracts of Indemnity. and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and It is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed In the office of the Secretary; and it is FURTHER RESOLVED, that any band, recognizance, contract of Indemnity, or writing obligatory in the natufe of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys- in -Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and It is FURTHER RESOLVI=O, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -In - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this �i day of Fe l t -,4 -4- l r CJ,a ramrnaa�� W nutTFnRo, IAA i � Kevin E. Hughes. ASsI tent Secretary To verify the authenticityof this Power of Attorney, please call us aC 1-800-421 -3880. Please refier to the above -named Attorneys) -in -Fact and the details of the borfd to whitlr this Power of Attorney is attached. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIED COVERAGE" FORM SCHEDULE Name of Persons) or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Under Covered Autos Liability Coverage, the Who is An Insured provision is amended to include as an "insured" the person(s) or organization(s) named in the Schedule above, but only with respect to their legal liability for your acts or omissions or acts or omissions of any person for whom Covered Auto Liability Coverage is afforded under this policy. All other terms and conditions of this Policy remain unchanged. Endorsement Number: Policy Number: 51 PKG8897619 Named Insured:.MCCARTHY HOLDINGS, INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 4111/2023 00 CA0070 00 10 13 Page 3 of 4 Policy Number: 51 PKG8897619 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) All parties where required by a written contract. This insurance is primary and non-contributing with any other insurance where the written contract requires that this insurance be primary and non- contributory. When the insurance provided by this endorsement is primary and non-contributory, we will not seek any contribution from any other insurance policy available to the additional insured on which the additional insured is a named insured. Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 A. Section 11 — Who Is An Insured is amended to 1. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf. in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply, This insurance does not apply to "bodily injury" or "property damage" occurring after: All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 @ Insurance Services Office, Inc., 2012 CG 20 10 0413 Policy Number: 51 PKG8897619 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) All parties where required by a written contract. This insurance is primary and non-contributing with any other insurance where the written contract requires that this insurance be primary and noncontributory. When the insurance provided by this endorsement is primary and non-contributory, we will not seek any contribution from any other insurance policy available to the additional insured on which the additional insured is a named insured. SCHEDULE Location And Description Of Completed Operations IInformation required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 0413 O Insurance Services Office, Inc., 2012 Page 1 of 2 A. Section II — Who Is An insured is amended to include as an additional insured the person($) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in pan:, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER, The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — Commercial General Liability Conditions) is amended by the addition of the following: 1. If we recover any amount as a result of our exercise of these rights, the amount recovered will be divided as follows: 1, Any insured or other insurer that paid amounts in excess of the limits of coverage that apply under this policy will be reimbursed for the actual amount paid. 2. We will then be reimbursed for any payments we have made. 3. Then, if any amount remains, any insured or other insurer who paid amounts before the limits of coverage for this policy applied will be reimbursed for the actual amount paid. Expenses incurred in obtaining a recovery of any payment we make under this policy from someone other than us will be divided in the same ratio as the recovery is shared. However, if we bring legal action against any other party on our own or try to obtain recovery and fail to do so, we will pay all expenses we incur. 2. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products and completed operations hazard". This waiver applies only to the person(s) or organizations) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. Issued By: ARCH INSURANCE COMPANY Endorsement Number. - Policy Number: 51 PKG8897619 Named Insured: MCCARTHY HOLDINGS Endorsement Effective Date: 00 ML0207 00 11 03 Page 1 of 1 Policy Number: 51 PKG8897619 COMMERCIAL AUTO CA 04"1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGI- FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below. Named Insured: Endorsement Eftctive Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT REQUESTS A WAIVER FROM THE NAMED INSURED VIA A WRITTEN CONTRACT PRIOR TO THE ACCIDENT OR LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization, CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 93 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS REQUIRED BY WRITTEN CONTRACT WITH SUCH PERSON OR ORGANIZATION PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy,) Endorsment Policy No. 54WC18934919 (AOS) Endorsement No. Effective 4/1/2023 51WC18897519 (FL, NY, PA) Premium INCL. Insured MCCARTHY HOLDINGS,INC. Insurance Company ARCH INSURANCE COMPANY Countersigned By P 1983 Mdonal Counci on Compenantlon ins4inanGa ADVANCE COPY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION — CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 90 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complyi ng with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policyremain unchanged. Endorsement Number Policy Number: 51 PKG8897619 Named Insured: MCCARTHY HOLDINGS, INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein - Endorsement Effective Date: 4/1/2023 00 ML0087 00 11 10 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION -CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 120 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent, Schedule Person(s) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy, This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statuteor rule is hereby amended to conform to that statute or rule. Al other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 54VVC18934919 (AOS) 51 WCI8897519 (FL, NY, PA) Named Insured: MCCARTHY HOLDINGS, INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 4nr2023 00 MLOO87 00 11 10 Page 1 of 1