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Home My WebLink AboutContract 61577FORT WORTH.. CSC No. 61577 CONTRACT FOR THE CONSTRUCTION OF Park Vista Boulevard Improvements City Project No. 103281 Mattie Parker Mayor David Cooke City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth ��P�E• OF • 2024 PREPARED BY: BGE, Inc. 777 Main Street, Suite 1900 Fort Worth, TX 76102 TBPE Registration No. F-1046 CARL J. KROGM 91869 'l►SS�ONe ••EC��'� � "" V' o2/b7/z0z4 BnC F-1046 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 00 11 13 Invitation to Bidders 01/17/2024 0021 13 Instructions to Bidders 01/17/2024 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 11 Bidders Prequalifications 08/13/2011 0045 12 Prequalification Statement 09/30/2021 0045 13 Prequalification Application 08/13/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 12/08/2023 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 0061 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 0073 00 Supplementary Conditions 10/06/2023 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 0132 16 Construction Schedule 10/06/2023 01 32 33 Preconstruction Video 07/01/2011 0133 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 0158 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 7123 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised December 8, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httu://fortworthtexas.,aov/ti)w/contractors/ or httus://aups.fortworthtexas.LFov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 0241 14 Utility Removal/Abandonment 12/20/2012 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03/11/2022 03 8000 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 1 rn 1 � i�ia ao-�v OOtl^lOQl E��H}S 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 2605 43 Undefgfound Duets and Raee..,ays f «L'1ootrljal Syzt-ams n�ino�0142011-- av-v�✓v ..'�°°l�llal�ll�" •,•Moki Poet Geffdtlit vrrsvrsv�v Division 31- Earthwork 31 1000 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 31�7 Beffe n 11 i� 013. 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 04/29/2021 313600 GabienS 12,42042012 3 i 37 00 Ripfap 1 i�12 Division 32 - Exterior Improvements 3201 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 1123 Flexible Base Courses 12/20/2012 32 1129 Z7�3 Lime Treated Base Courses ref er4 Tfea4ed Base /''o 12/20/2012 n6i1�22 Z7�T 32 12 16 Liquid -r,.,.a4ed Soil Stabil:".. Asphalt Paving 0842 Qn115 12/20/2012 32 Q �3 AWkiGalt g Gfaek Seala zzrwraozz 32 13 13 Concrete Paving 06/10/2022 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2022 CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised December 8, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 32 13 73 Concrete Paving Joint Sealants 12/20/2012 12/7 32 14 32 16 13 B -iek Unit Paving Concrete Curb and Gutters and Valley Gutters i 12/09/2022 32 1723 37�5 3231 13 Pavement Markings Curb Address Painting Chain Fenees and Gates 06/10/2022 1 11 /nr=r'v442vi3 12,42042012 323126 Z'1�9 3232 13 �� W .e > enees and Gates Wood Fe,.ees and Gate„ . t reefete Retaining Ala �ir. Ill�e ,. 1242i 172z 06/0$ 3291 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 32 92 13 Sodding 05/13/2021 3292 14 Non -Native Seeding 05/13/2021 3292 15 Native Grass and Wildflower Seeding 10/06/2023 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 33 0 i 3 i Sewer and Manhole Testing Closed Gireuit Television (rC;TV) inspee ien—Sanitafy Sewer 09/07/2018 n� /�� 33 01 32 Closed Circuit Television (CCTV) Inspection — Storm Drain 12/08/2023 33 03 io 33 nn 1n T✓--vnv 33 nA 11 Bypass n1.xTlr.,.- g e f Existing Sewef Cry 4e..-... Ge, tfol 'Test S-t-a :e Gef 12/'frz 2042012 12/2042n1� r�-avraozz 17 20420 7 T✓--vnT 33 nn 12 T✓--vn 33 nn nn 77--v�-Tv fesion fiS rRag es:,,. n�ede Ga4 ed e P feteef:e� Systefn Gle,,.:..,. aff ne pte�ee Testing efWate.. na.,:es r�-avraozz 1242042n1.1 �z 02/n�/2n1� vz�-vvrzvz� 33 nn 50 3305 10 Gleaning of Pipes Utility Trench Excavation, Embedment, and Backfill e r e.. efiar. 03 /1 1 L202 04/02/2021 T✓--v�-Ta 33 05 12 3305 13 Wale« Line Frame, Cover and Grade Rings � 12,42042012 09/09/2022 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 3305 14 2 2�0 Grade en a t1I 03/11/2022 3305 17 770520 T33 0521 T33 0522 C fete ale f Vaults Concrete Collars Augef Be fifg Tunnel Ti of Dla4e Steel Gasin. Pi e 12,42042 z 03/11/2022 r12/20,Qnz r1220,QQz r12/20,Qnz 33 05 T✓--v�-z23 � 33 05 2n 77--v�-aT 77--07-26 33 05 30 r�stal eA:er efGaf..:ef Pipe i Casing of T..veel r F nla4e Location of Existing Utilities 1�42042�zn1.1 12/09420 2 rrr�vT-svzz r2-20raozz 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/09/2022 33 11 11 Ductile Iron Fittings 09/20/2017 33 11 12 3T3-ii i3 Polyvinyl Chloride (PVC) Pressure Pipe enefete Pfessufe Pipe Ba f W...,pped Steel !`.,1inde f Type 09/09/2022 172z 33 1 1 1 A � J--r-r-rT 33 i2 ino 33 i2 i i 33 12 nn �zzv ZZ�T >?ef e,l Steel Pipe ..n«.,t., d Fitt WpAe f Se,..,:veg 1 ing1k tali T afge WeAef Mete«s- Resilient Sea4ea Gate v,.l.,e n VPAL Rubbef Sea4ed Bu4ef f1 y 3y1 174204201- �Z m/1vz� ^x�vi-7r 171 /7 z nv06,L20 c v�rvvrzoZ� nn /�9 CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised December 8, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 2,31 12 —",'z Gerreetio to Existing Water- Mains mine 33 Q 30 Combination A:n,Valve Assemblies for Potable Water- Systems 12/2W20r12 33 1240 FiiTre Hydrants 01/03/2014 33 Q so �z ,z 33 2 1 is High Density Del„ethyle,.e (14DP ) Pipe f Cann.,,.,, Se„ e nA 23,9019 ZZ�v Del,,,,iny C le fi a (PVC) !`_...,,,i„ S fltw Se, Pipe nn/n�22 33 31 21 Polyvinyl Chloride (PVC) Closed Pfefile Gfavity Sanitary Sewef 1242ni2012 Ripe 33 31 �z �n /.r, 1/ffGlig �-2 2Z�v Suite..,, Sewe,. Sef-yiee rerreetions effia Se,.,,:ee Li 04,42642013 77-3r70 r2r2042012 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 3930 1242042n1.1 �v iv�ne�-�/� �z 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 7� 07/01/2011 ZZ�,. T High Density Po ,e�hylee (14DPE) Pipe f « Sta DF&T. 172z 2 2�i D ein f feed Polyethylene (URPE) nirr 1 11 /1 5 3 3 n 6 nn Stibd .ainage 12 i20,9n 12 77--�v-4v �c r�-avraozz 33 46 01 Slotted 1 moll Or4ii ��FC�riS 07in �T 33 4602 /ten11n �@rr� DF�rr n7in1 , 3349 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 03/11/2022 39 nn nn Ste,..f, r,,,.,.:�age ueva,,,,.11,, an \i ifigm�Tn1 .,, ll� nii�n11 �v v�vzT Division 34 - Transportation 3441 10 34 A�-n-i 0.011 n A�v2 Traffic Signals At etehffieot A Gentfollef rGabiffe 03/11/2022 12/1r�-18,9015 o- 3 3 n n�03 34 n-i 1 ZArtt-&eliffient B GentFelle-i vpvCif eatieii ZArttaeliment CSo t,,vafe Specif eatien ora _ j TrGf signals 04lgoi2 1 1 inn 2 n�3 n e fneyi ffg T+e&. 3 Cl. gm3 03,11 1Q02z 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 3 n n�02 Ffee,, ay I Erg Road ,, ,, L1dminchr-es 06,115 QQ 1-5 34 4120.03 Residential LED Roadway T �1..1��lc�F39 nti /1 G /'ln 1 G vvrra7zv�� 34 41 30 Aluminum Signs ,le e 11/12/2013 34 4150 3471 13 Me,e Sifibef Opt Cable Traffic Control 02r26, 0zv 03/22/2021 CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised December 8, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 Appendix GG 4.01 4-it i?it<,, o GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GG 4.-06 F4azar-dcu3 at Eite GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GG 6.-09 go a T Tomes GG 6.24 GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised July 1, 2011 City of Fort Worth, Texas Mayor and Council Communication DATE: 05/14/24 M&C FILE NUMBER: M&C 24-0388 LOG NAME: 20PARK VISTA BOULEVARD CONSTRUCTION SUBJECT (CD 10) Authorize Execution of a Construction Contract with McClendon Construction Company, Inc. in the Amount of $3,881,916.75 for the Park Vista Boulevard from Keller Haslet Road to Timberland Boulevard Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with McClendon Construction Company, Inc. in the amount of $3,881,916.75 for the construction of the Park Vista Boulevard from Keller Haslet Road to Timberland Boulevard project (City Project No. 103281). 10R1411*1[a]ZFi The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with McClendon Construction Company, Inc. in the amount of $3,881,916.75 for the construction of Park Vista Boulevard from Keller Haslet Road to Timberland Boulevard. The project will construct the 2 southbound lanes of the 4-lane concrete road, which will include a concrete median, drainage and illumination improvements, ten - foot shared use paths, and Americans with Disabilities Act improvements. The following table demonstrates the total budget for the project: Capital Fund Project Current This Total Project Name Name Appropriations M&C Budget 34027-2022 Bond 103281- Program Fund Park Vista Boulevard 30108- 103281- Transportation Park Vista Impact Fee Cap Boulevard Fund 30104-Developer 103281- Contribution Park Vista Boulevard (Project Total $4,950,000.00 $0.00 $4,950,000.00 $1,650,000.00 $0.00 $1,650,000.00 $250,000.00 $0.00 $250,000.00 $6,850,000.00 $0.00I$6,850,000.00 The project was advertised for bid on February 8, 2024 and February 15, 2024 in the Fort Worth Star -Telegram. On March 14, 2024, the following bids were received: Bidders McClendon Construction Company, Inc. McMahon Contracting, LP DDM Construction Corp. GRod Construction, LLC XIT Paving and Construction Inc. Jackson Construction, Ltd. Ragle Inc. Mario Sinacola & Sons Excavating, Inc. Amount $3,881,916.75 $3,909,771.51 $4,280,382.50 $4,410,862.50 $4,414,433.00 $4,613,433.00 $4, 942, 004.45 $5,520,908.67 Construction of Park Vista Boulevard from Keller Haslet Road to Timberland Boulevard is anticipated to begin in early Fall 2024. Funding is budgeted in the 2022 Bond Program Fund for the TPW DEPT Highway & Streets Department for the purpose of funding the Park Vista Blvd project. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). DVIN-BE: McClendon Construction Company, Inc. is in compliance with the City's Business Equity Ordinance by committing 19% MWBE participation on this project. The City's MWBE goal on this project is 19%. The project is located in COUNCIL DISTRICT 10. 19610Y_ WN11101:1dJ_110Is7:WL03:1:AFIdDf-A0Is]k,F The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated in the 2022 Bond Program Fund for the Park Vista Blvd project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 000515-1 ADDENDA Page l of 2 1 SECTION 00 05 15 2 ADDENDUM NO. 1 3 4 PARK VISTA BLVD 5 City Project No.103281 6 7 Issue Date: February 23, 2024 8 Bid Receipt Date: March 14, 2024 9 10 This addendum forms part of the Contract Documents referenced above and modifies the 11 original Contract Documents. Attach this Addendum inside the Contract Documents and 12 note receipt of this Addendum in the Bid Proposal. The submission instructions have 13 been updated to include Addendum No. 1 under the Requested Information section. 14 15 1) Summarized below are responses to questions asked during the pre -bid meeting: 16 a) Q: What is the MBE goal? 17 A: 19% 18 b) Q: Is there a plan holder list or prebid meeting attendee list? 19 A: There is a subcontractor listing option on the bonfire listing that anyone that 20 wants to be listed as a plan holder can enter their information. 21 c) Q: Is the max spacing of 55 feet for contraction joints shown on detail D508 22 on sheet 100 correct? 23 A: Detail D508 updated to show a maximum spacing of 30 feet for the contraction 24 joints. 25 d) Q: What depth is the existing asphalt on the project? 26 A: Sheet 11 -- 4" Type D on 8" Type B on 8" Lime Stabilized Subgrade 27 & Sheets 14,15 — 3" Type D on 6" Type B on 12" Flex Base 28 e) Q: Can you clarify if the 360 Days listed on Bid Form page 2 of 3 is working 29 days or calendar days? 30 A: Calendar days. 31 f) Q: Can you please clarify who is responsible for testing on the project? 32 A: City will provide testing for pavement and subgrade. 33 g) You are showing three items for Construction Allowance and Irrigation 34 Allowance. Can you please provide a dollar amount for the allowances? 35 A: Removed bid item no. 72 and 89. The construction allowance amount for bid 36 item no. 71 is $300,000. 37 CITY OF FORT WORTH Park Vista Bivd/Keller Haslet Rd STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised December 20, 2017 0005 15-2 ADDENDA Page 2 of 2 1 2) The Following Bid Items have been impacted: 2 a) Bid Table (BT-67BW) —The bid table has been revised in Bonfire to reflect the 3 changes made to the proposal form. 4 b) Bid Item 71 included $300,000 for the unit price. 5 c) Bid Item 72 removed. 6 d) Bid Item 89 removed. 7 3) The following modifications to the Project Manual: 8 a) Delete section 00 42 43 of the Project Manual and replace it with the attached 9 revised section 00 42 43. 10 4) The following modifications to the Plan Set: It 12 13 14 15 16 17 18 19 20 21 22 a) Replace sheet 100 with the attached to reflect the maximum spacing between contraction joints correction. END OF SECTION RECEIPT ACKNOWLEDGED TRANSPORTATION & PUBLIC WORKS DEPARTMENT Dlgilally signetl by %`i 'efl Albn B Bv: Mitchell Aiton ON; .aMAI�3';;29 oo"°�`° 5� �/' / "� Mitch Aiton, P.E., P.M.P. Com an : Ct 1p(/li(a>r1 LOPS Project Manager CITY OF FORT WORTH Park Vista Avd/Keller Haslet Rd STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised December 20, 2017 CITY OF FORT WORTH Transportation and Public Works Park Vista Blvd Improvements City Project No. 103281 ADDENDUM NO. #1 - END OF SECTION - Park Vista Blvd Improvements City Project No. 103281 ADDENDUM NO. #1 000515-1 ADDENDA Page 1 of2 I SECTION 00 05 15 2 ADDENDUM NO.2 3 4 PARK VISTA BLVD 5 City Project No. 103281 6 7 Issue Date: March 8, 2024 8 Bid Receipt Date: March 14, 2024 9 io This addendum forms part of the Contract Documents referenced above and modifies the 1 I original Contract Documents. Attach this Addendum inside the Contract Documents and 12 note receipt of this Addendum in the Bid Proposal. The submission instructions have 13 been updated to include Addendum No. 2 under the Requested Information section. 14 15 1) Summarized below are responses to questions asked during the pre -bid meeting: 16 a) Q: The Traffic Control phasing sheets show temporary asphalt paving in 17 three locations. I don't see any bid items for temporary asphalt paving. Will 18 a bid item be added for this? 19 A: Added bid item no. 74 — 6" Flexible Base, Type A, GR-1, and bid item no. 75 20 — 4" Asphalt Base Type B to account for temporary asphalt paving on phasing 21 sheets. 22 b) Q: Can any additional information regarding bid item 70 Misc Utility 23 Relocation be provided? Are there any anticipated utilities to be relocated? 24 Is this item more of a contingency item? Can a bid item description be 25 provided? 26 A: Removed bid item no. 70 — Misc Utility Relocation as it is not required. 27 CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised December 20, 2017 CITY OF FORT WORTH Transportation and Public Works Park Vista Blvd Improvements City Project No. 103281 ADDENDUM NO. #2 - END OF SECTION - Park Vista Blvd Improvements City Project No. 103281 ADDENDUM NO. #2 000515-2 ADDENDA Page 2 of 2 1 2) The Following Bid Items have been impacted: 2 a) Bid Table (BT-67BW) — The bid table has been revised in Bonfire to reflect the 3 changes made to the proposal form. 4 b) Bid item 70 — Misc Utility Relocation removed. 5 c) Bid Item 74 — 6" Flexible Base, Type A, GR-Iadded. 6 d) Bid Item 75 — 4" Asphalt Base Type B added. 7 3) The following modifications to the Project Manual: 8 9 10 11 12 13 14 15 16 17 18 19 a) Delete section 00 42 43 of the Project Manual and replace it with the attached revised section 00 42 43. END OF SECTION RECEIPT ACKNOWLEDGED TRANSPORTATION & PUBLIC WORKS DEPARTMENT Digitslty sq-d by Mitchell Aiwa DNf G-US, Mitchell Aiton E=MNchell.[nn�fortxo h[exas gay. CN=Mftche, Aiton Bv: Data: 2024.630615:37:12-06'00' Mitch Aiton, P.E., P.M.P. Comnanv: C[ (.�'lGi �Gt cS Project Manager CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised December 20, 2017 0011 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of Park Vista Boulevard Improvements, City Project No. 103281 ("Project") will be received by the City of Fort Worth via the Procurement Portal httDs:Hfortworthtexas.bonfirehub.com/aortal/?tab=oi)en0i)portunities, under the respective Project until 2:00 P.M. CST, Thursday, March 14, 2024. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST in the City Council Chambers. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: https://fortworthtexas.bonfirehub.com/Dortal/?tab=ODenODDortunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non -responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en- us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised 2/08/24 0011 13 INVITATION TO BIDDERS Page 2 of 3 To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] — Bonfire Vendor Support (gobonfire.com) GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: 10,000 SY of 11" Concrete Pavement 11,000 SY of 8" Lime Treatment 51,000 SF of 4" Concrete Sidewalk PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for qualification and pre -qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal httDs://fortworthtexas.bonfirehub.com/aortal/?tab=oDenOnnortunities. under the respective Project. Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting "yes" under the Intent to Bid section. All Addenda will be posted in the Procurement Portal httDs://fortworthtexas.bonfirehub.com/aortal/?tab=oDenOnnortunities. under the respective Proj ect. PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: Tuesday, February 20, 2024 TIME: 2:00 PM Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. 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. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised 2/08/24 0011 13 INVITATION TO BIDDERS ADVERTISEMENT DATES February 8, 2024 February 15, 2024 END OF SECTION Page 3 of 3 CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised 2/08/24 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 9 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making electronic Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre -qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: httDs://aDDS.fortworthtexas.gov/ProiectResources/ CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.1.1. Paving — Requirements document located at: httDs://aDDs.fortworthtexas. aov/ProiectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2OPavina %20Contractor%2OPreaualification%2OProaram/PREQUALIFICATION%20REO UIREMENTS%20FOR%2OPAVING%2000NTRACTORS.Ddf 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: httbs://aDDS.fortworthtexas. aov/ProiectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2ORoadwa v%20and%2OPedestrian%2OLiahtina%2OPreaualification%2OProaram/STREET% 20LIGHT%20PREQUAL%20REQMNTS.Ddf 3.1.3. Water and Sanitary Sewer — Requirements document located at: httbs://aDDS.fortworthtexas. aov/ProiectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/Water%2Oand%2 OSanitarv%2OSewer%2OContractor%2OPreaualification%2OProaram/W S S%2ODre aual%20reauirements.Ddf 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2. 1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. OMITTED 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 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. 4.1.10. Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 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. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City electrically through the Vendor Discussions section under the respective Project via the Procurement Portal httK)s://fortworthtexas.bonfirehub.com/portal/?tab=oDenOaaortunities 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. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications shall be posted under the respective Project via the Procurement Portal httDs://fortworthtexas.bonfirehub.com/Dortal/?tab=oDenODDortunities 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. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 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. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: httDs://codelibrarv.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. 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. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal httDs://fortworthtexas.bonfirehub.com/DortaV?tab=ODenODDortunities. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 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. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.4. Contractor shall perform with his own organization, work of a value not less than 3 5 % of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httDS://www.ethics.state.tx.us/data/forms/1295/1295.Ddf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 103281 Revised/Updated 1/17/24 003513 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) hftos://www.ethics.state.tx.us/data/forms/conflict/CIS.c)df ❑ CIQ Form does not apply ® CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: McClendon Construction Company Inc By: PO Box 999 Burleson, TX 76097 Signature: Title:(ie I4ZIIZS1 O L CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Vista Boulevard Improvements Revised February 24, 2020 City Project No. 103281 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: Park Vista Boulevard Improvements City Project No.: 103281 Units/Sections: UNIT 1 - PAVING IMPROVEMENTS UNIT 2 - STORMWATER IMPROVEMENTS 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Vista Boulevard Improvements Revised 9/30/2021 City Project No. 103281 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards) b. Roadway and Pedestrian Lighting 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 360 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Vista Boulevard Improvements Revised 9/30/2021 City Project No. 103281 0041 00 BID FORM Page 3 of 3 h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Total Bid 7. Bid Submittal This Bid is submitted on 3/14/2024 Respectfully submitted, By: '�Q�U66kv-RL (Signature) (Printed Name) Dan McClendon Title: President $0.00 by the entity named below. Company: McClendon Construction Company, Inc Address: PO Box 999, Burleson, Texas 76097 State of Incorporation: Texas Email: dan@mcclendonconstruction.com Phone: 817/295-0066 END OF SECTION Receipt is acknowledged of the Initial following Addenda: Addendum No. 1: DM Addendum No. 2: DM Addendum No. 3: NIA Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Vista Boulevard Improvements Revised 9/30/2021 City Project No. 103281 00 42 43 BID PROPOSAL Page 1 of 2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information I Bidder's Proposal Unit 1 - Paving Improvements Bidlist Description Specification Section No. Unit of Bid Quantity Unit Price Bid Value Item No. Measure 1 Mobilization 01 7000 LS 1 $29,550.00 $29,550.00 2 Construction Staking 01 71 23 LS 1 $25,950.00 $25,950.00 3 Remove Sidewalk 0241 13 SF 11610 $1.50 $17,415.00 4 Remove ADA Ramp 0241 13 EA 4 $400.00 $1,600.00 5 Remove Conc Pvmt 0241 15 SY 1900 $24.00 $45,600.00 6 Remove Asphalt Pvmt 0241 15 SY 990 $20.00 $19,800.00 7 Remove Conc Curb&Gutter 0241 15 LF 233 $7.00 $1,631.00 8 Salvage Fire Hydrant 0241 14 EA 1 $900.00 $900.00 9 Remove 21" Storm Line 0241 14 LF 171 $30.00 $5,130.00 10 Remove 48" Storm Line 0241 14 LF 36 $85.00 $3,060.00 11 Remove 10' Curb Inlet 0241 14 EA 2 $1,500.00 $3,000.00 12 Remove 4' Drop Inlet 0241 14 EA 5 $1,300.00 $6,500.00 13 Remove 5' Drop Inlet 0241 14 EA 5 $1,500.00 $7,500.00 14 2" A C SCH 80 T) 26 05 33 LF 2655 $33.00 $87,615.00 15 2" � Vt SCH 80 B) 26 05 33 LF 390 $42.00 $16,380.00 16 17 4" + 3" a!Vemoval SCH 80 ) SCH 80 ) 26 05 33 26 OS 33 LF LF 60 100 $40.00 $45.00 $2,400.00 $4,500.00 18 4" n SCH 80 B) 26 05 33 LF 315 $55.00 $17,325.00 19 6"-12'ree 31 1000 EA 1 $1,800.00 $1,800.00 20 Unclassified Excavation by Plan 31 2316 CY 8159 $47.50 $387,552.50 21 Embankment by Plan 31 2400 CY 851 $35.50 $30,210.50 22 Conc Pvmt Repair. Arterial 3201 29 SY 91 $140.00 $12,740.00 23 8" Flexible Base. Tvoe A. GR-1 3211 23 SY 473 $20.00 $9,460.00 24 Hydrated Lime 3211 29 TN 258 $400.00 $103,200.00 25 8" Lime Treatment 3211 29 SY 10560 $9.50 $100,320.00 26 11" Conc Pvmt 32 13 13 SY 8615 $99.00 $852,885.00 27 11" Conc Pvmt HES 32 13 13 SY 1342 $103.00 $138,226.00 28 4" Conc Sidewalk 32 13 20 SF 50155 $7.00 $351,085.00 29 Conc Curb at Back of Sidewalk 32 13 20 LF 210 $16.00 $3,360.00 30 Barrier Free Ramp Tvr P-1 32 13 20 EA 14 $3,350.00 $46,900.00 31 6" BRK Pvmt Marking HAS (W) 32 17 23 LF 1200 $2.00 $2,400.00 32 8" SLID Pvmt Marking HAS (W) 32 17 23 LF 724 $3.00 $2,172.00 33 Preformed Thermoplastic Contrast Markings - 24" Stop Bars 32 1723 LF 78 $15.00 $1,170.00 34 Preformed Thermoplastic Contrast Markings - 24" Crosswalk 32 17 23 LF 360 $15.00 $5,400.00 35 Lane Legend Arrow 32 17 23 EA 16 $200.00 $3,200.00 36 Lane Legend OnIX 32 17 23 EA 5 $250.00 $1,250.00 37 REFL Raised Marker TY II-C-R 32 17 23 EA 112 $5.00 $560.00 38 Remove 4" Pvmt Marking 32 17 23 LF 1405 $1.00 $1,405.00 39 Remove 8" Pvmt Marking 32 17 23 LF 185 $1.00 $185.00 40 Remove Raised Marker 32 17 23 EA 950 $1.50 $1,425.00 41 Remove Lane Legend Arrow 32 17 23 EA 2 $75.00 $150.00 42 6" Toy Soil 3291 19 CY 1569 $30.00 $47,070.00 43 Block Placement 32 92 13 SY 9389 $6.50 $61,028.50 44 Explorato((K Excavation of Existing Utilities 33 05 30 EA 2 $2,000.00 $4,000.00 45 Manhole Ai ustment. Maior 33 05 14 EA 2 $5,000.00 $10,000.00 46 Valve Box Adiustment 33 05 14 EA 1 $600.00 $600.00 47 6" Water Pipe 3311 10, 33 11 12 LF 8 $300.00 $2,400.00 48 Fire Hydrant 33 12 40 EA 1 $7,750.00 $7,750.00 49 6" Gate Valve 33 12 20 EA 1 $3,750.00 $3,750.00 50 Relocate S)'' al Head Assembly 3441 10 EA 2 $950.00 $1,900.00 51 7/C 14 AWG Multi -Conductor Cable 3441 10 LF 150 $3.75 $562.50 52 NO 2 Insulated Elec Condr 3441 10 LF 7965 $7.00 $55,755.00 53 NO 10 Insulated Elec Condr 3441 10 LF 580 $1.75 $1,015.00 54 NO 8 Bare Elec Condr 3441 10 LF 765 $2.75 $2,103.75 55 Furnish/Install Ground Box TyQ� B. w/Apron 34 41 10 LF 18 $2,000.00 $36,000.00 56 Furnish/Install Tvpe 45 Sj pal Pole 3441 10 EA 2 $22,750.00 $45,500.00 57 Furnish/Install TygP 331 �rm 3441 20 EA 28 $700.00 $19,600.00 58 TY 5 Signal Foundation 3441 10 EA 2 $10,500.00 $21,000.00 59 Furnish/Install 120-240 Volt Sinq�e Phase Metered Pedestal 3441 20 EA 1 $10,250.00 $10,250.00 60 Furnish/Install 240-480 Volt Single Phase Transocket Metered Pedestal 3441 20 EA 1 $10,950.00 $10,950.00 61 Furnish/Install LED Liahtigy Fixture Q37 watt ATB2 Cobra Head) 3441 20 EA 28 $1,000.00 $28,000.00 62 RdwY Ilium Foundation TY 3 5 6. and 8 3441 20 EA 13 $2,650.00 $34,450.00 63 Furnish/Install Rdwa�(Ilium TV18 Pole 3441 20 EA 13 $3,800.00 $49,400.00 64 Salvage Street Light Pole 3441 20 EA 1 $850.00 $850.00 65 Furnish/Install Alum Sign Ground Mount City Std. 3441 30 EA 1 $800.00 $800.00 66 Remove Sian Panel and Post 3441 30 EA 10 $200.00 $2,000.00 67 Remove and Reinstall Sign Panel and Post 3441 30 EA 3 $1,250.00 $3,750.00 68 Traffic Control 3471 13 MO 12 $6,450.00 $77,400.00 69 5" Colored Textured Concrete 99 99 99 SF 4961 $15.00 $74,415.00 70 Construction Allowance (Please enter $300.000.00 for the Unit Price.) 99 99 99 LS 1 $300,000.00 $300,000.00 71 Relocate Mast Arm Sign 99 99 99 LS 1 $850.00 $850.00 72 Tree Protection 99 99 99 EA 7 $350.00 $2,450.00 73 6" Flexible Base Tvoe A. GR-1 99 99 99 SY 600 $12.50 $7,500.00 74 4" Asphalt Base�voe B 99 99 99 SY 600 $56.00 $33,600.00 Unit 1 Total $3,309,611.75 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Park Vista Boulevard Improvements City Project No. 103281 00 42 43 BID PROPOSAL Page 2 of 2 UNIT PRICE BID Project Item Information Unit 1 - Paving Improvements Bidlist Description Item No. Unit 2 - S rmwater Improvements 75 21" Storm Abandonment Pluq 76 48" Storm Abandonment Pluq 77 Tem ora�( Asphalt Paving Repair 78 21" RTP, Class III 79 24" RCP, Class III 80 48" RCP, Class III 81 8x5 Box Culvert 82 4' Storm Junction Box 83 5' Storm Junction Box 84 6' Storm Junction Box 85 10' Recessed Inlet 86 20' Recessed Inlet 87 SWPPP >_ 1 acre 88 3' Drop Inlet (No Apron) SECTION 00 42 43 PROPOSAL FORM Specification Section No. Unit of Bid Quantity Measure Bidder's Application Bidder's Proposal Unit Price I Bid Value 0241 14 EA 1 $510.00 $510.00 0241 14 EA 1 $775.00 $775.00 3201 18 LF 136 $50.00 $6,800.00 3341 10 LF 409 $175.00 $71,575.00 3341 10 LF 522 $185.00 $96,570.00 3341 10 LF 61 $325.00 $19,825.00 3341 10 LF 12 $5,250.00 $63,000.00 33 49 10 EA 2 $15,000.00 $30,000.00 33 49 10 EA 2 $20,500.00 $41,000.00 33 49 10 EA 1 $25,500.00 $25,500.00 33 49 20 EA 14 $11,700.00 $163,800.00 33 49 20 EA 1 $16,200.00 $16,200.00 31 2500 LS 1 $23,250.00 $23,250.00 33 49 20 EA 1 $13,500.00 $13,500.00 Unit 2 Total 4i5/2,;su5.uU END OF SECTION Total Bid' w'dal,976.75i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Park Vista Boulevard Improvements City Project No. 103281 3 t � Conforms with The American Institute of Architects, A.I.A. Document No. A 310 KNOW ALL BY THESE PRESENTS, That we, McClendon Construction Company, Inc. 548 Memorial Plaza, Burleson, Texas 76024 and the Merchants Bonding Company (Mutual) of P.O. Box 14498, Des Moines, IA 50306-3498 as Principal, hereinafter called the Principal, , a corporation duly organized under the laws of the State of Iowa , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fort Worth, Texas, 200 Texas Street, Fort Worth, TX 76102 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid by Principal Dollars ( 5% GABP ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Park Vista Blvd. Improvements, CPN 103281 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and scaled this 14th day of March 2024 MCC n Construction Com (Seal) rincippl Witness Title �, Mercha Bonding C pfi y (Mutual) MERCHANTS N BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlbla Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Allyson W Dean; Ana Owens; Andrea Rose Crawford; Andrew Addison; Betty J Reeh; Bryan Kelly Moore; Colin E Conly; Debra Lee Moon; Elizabeth Ortiz; Emily Allison Mikeska; John R Ward; Michael D Hendrickson; Monica Ruby Veazey; Patrick Coyle; Sandra Lee Roney; Thomas Douglas Moore; Troy Russell Key their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adapted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any hand, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February 2024 . .+ `C►BONA • . "�tG " . . .+ •. MERCHANTS BONDING COMPANY (MUTUAL) C ++��,..•••••.. � �'., .*�Q�.•••. q',• MERCHANTS NATIONAL BONDING, INC. :may GOB Rq�� Z ' 1c�RPO�'9y� • dlbla MERCHANTS NATIONAL INDEMNITY COMPANY ;vE 2003 1933 �•'c, By �Y President STATE OF IOWA +'•. .*'+ '. COUNTY OF DALLAS ss. On this 3rd day of February 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors, ,,4-RIAZs Penni Miller lhl�l l Commission Number 787952 • #LIW • My Commission Expires !WO, January 20, 2027 (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. J In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this `�ay of �, j �Q." ,Z�`'`.'I ++ PAION,g40, C�,A• r.•Q�NG �4 -0- tit 0 jZ 2003 ; =��y ' y 1933 Secretary ,�; r;: POA 0018 (1124) •+••,+•"•„',•�° •'• • : •" • ` MERCHANTS_ BONDING COMPANY,, MERCHANTS BONDING COMPANY P.O. Box 14498 DES MOINES, [A 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO 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 or HMO. If you don't, you may lose your right to appeal. To get information or file a complaint with your insurance company or HMO: Merchants Bonding Company Call: Compliance Officer at (800) 671-8171 Toll -free: (800) 671-8171 Email: regulatory@merchantsbonding.com Mail: P.O. Box 14498, Des Moines, Iowa 50306-3498 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov Mail: Consumer PrntPrtinn MC• CCU-CP Texas npp;;rtmpnt r)f losuranrP, r em Mr. XWQ1 Ir r Si tiene un problema con una reclamation o con su prima de seguro, Ilame primero a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingles) pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas, tambi6n debe presenter una queja a traves del proceso de quejas o de apelaciones de su compania de seguros o HMO. Si no to hate, podria perder su derecho para apelar. SUP 0032 TX (7/23) Para obtener informaci6n o para presenter una queja ante su compania de seguros o HMO: Merchants Bonding Company Llame a: Compliance Officer al (800) 671-8171 Telefono gratuito: (800) 678-8171 Correo electronico: regulatory@merchantsbonding.com Direcci6n postal: P.O. Box 14498, Des Moines, Iowa, 50306-3498 El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en: www.tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Direcci6n postal: Consumer Protection. MC: CO-CP. Texas Department of Insurance, PO Box 12030, Austin, TX 78711-2030 SUP 0032 TX (7/23) MERCHANT�S� BONDING COMPANY?>a MERCHANTS BONDING COMPANY (MUTUAL) • P.O. BOX 14498 • DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 • FAX: (515) 243-3854 ADDENDUM TO BOND This Addendum is in reference to the bond(s) to which it is attached. Merchants Bonding Company (Mutual) ('Merchants_) deems the digital or electronic image of Merchants`"corporate seal below affixed to the bond(s) to the same extent as if a raised corporate seal was physically stamped or impressed upon the bond(s). The digital or electronic seal below shal l have the same force and effect as though manually fixed to the bond(s). A I I term of the bond(s) remai n the same. Signed and effective March 23, 2020. MERCHANTS BONDING COMPANY (MUTUAL) • pi1�G Cp,,•,. ea: � y 1933 ; c; • J .may, 7sy=------------—�`--------------- Larry Taylor, President 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of are not required to underbid resident bidders. , our principal place of business, B. The principal place of business n# our company or our parent company or majority owner is in the State of Texas. L)(J BIDDER: END OF SECTION (Signature) Title: Dan McClendon, President 03/14/2024 Date: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Vista Boulevard Improvements Revised 9/30/2021 City Project No. 103281 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 00 45 12 - 1 PREQUALIFICATION STATEMENT 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 Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Roadway and Pedestrian Lighting i Contractor/Subcontractor Company Name Prequalification Expiration Date McClendon Construction Company Inc 07/01/2025 Bean Electrical The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: McClendon Construction Company Inc Company PO Box 999 Address Burleson, TX 76097 City/State/Zip By: Dan McClendon Signature: Title: President (Please Print) Date: 03/ 14/2024 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 30, 2021 Park Vista Boulevard Improvements City Project No. 103281 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER`S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on. City Project No. 103281. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with. worker's compensation coverage. CONTRACTOR: McClendon Construction Co Inc Company PO Box 999 Address Burleson, Texas 76097 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Dan McClendon (Please Print) Signature: 2&1�6&1-1� Title: President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Dan McClendon , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of McClendon Construction Co Inc for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this March , 20 24 12th day of Ite of Texas MISTY WEBB `�•S�LY PUe/i ENT? OF SECTION " Notary Public, State of Texas +r` Comm. Expires 01-W2026 Notary ID 126838467 CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised July 1, 2011 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: httDs:Hcodelibrarv.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EOUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 19% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REOUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Prot6g6 participation. 42 43 44 45 46 47 48 49 CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 These forms can be found at: 2 Business Equity Utilization Form and Letter of Intent 3 httbs://apes.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Business EQ_uit_v Utilization 4 Form_DVIN 2022 220324.bdf 5 6 Letter of Intent 7 httbs://abbs.fortworthtexas.sov/ProiectResources/ResourcesP/60 - MWBE/Letter of Intent_DVIN 8 2021.bdf 9 10 Business Equity Good Faith Effort Form 11 httbs://anus.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort 12 Form DVIN2022.bdf 13 14 Business Equity Prime Contractor Waiver Form 15 httbs://anus.fortworthtexas.aov/ProiectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 16 Waiver-220313.ndf 17 18 Business Equity Joint Venture Form 19 httbs://anus.fortworthtexas.aov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint 20 Venture 220225.Ddf 21 22 23 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL 24 RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID 25 REJECTED. 26 27 28 FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE 29 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- 30 RESPONSIVE. THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS 31 AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. 32 33 For Questions, Please Contact The Business Equity Division of the Department of Diversity and 34 Inclusion at (817) 392-2674. 35 END OF SECTION giol CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 05/14/2024, 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 McClendon Construction Comnanv 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: Park Vista Boulevard Improvements Citv Proiect No. 103281 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 Three Million Eight Hundred Eighty -One Thousand Nine Hundred Sixteen and 75/100 Dollars ($3,881,916.75). 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 360 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred Fiftv and 00/100 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 3, 2024 Park Vista Boulevard Improvements City Project No. 103281 00 52 43 - 2 Agreement Page 2 of 6 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification Drovision is specifically intended to ouerate and be effective even if it is alleged or Droven that all or some of the damages being sought were caused. in whole or in Dart. by anv act. omission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised March 3, 2024 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification Drovision is specifically intended to ouerate and be effective even if it is alleged or Droven that all or some of the damages being sought were caused. in whole or in Dart by anv act. omission or negligence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised March 3, 2024 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised March 3, 2024 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised March 3, 2024 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: Signature Dan McClendon (Printed Name) President Title PO Box 999 Address Burleson, TX 76097 City/State/Zip May 28, 2024 Date City of Fort Worth By: op� Jessica McEachern Assistant City Manager Jun 18, 2024 Date na � Fogr °ao -Vo Attest: � tea � � aaddn�a V os44 Jannette Goodall, City Secretary (Seal) M&C: 24-0388 Date: 5/14/2024 Approved as to Form and Legality: Woe — Douglas Black (Jun 11, 202410:51 CDT) Douglas W. Black Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised March 3, 2024 Bond #100359635 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 SECTION 00 6113 PERFORMANCE BOND 0061 13- 1 PERFORMANCE BOND Page 1 of 2 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, McClendon Construction Comnanv Inc. known as "Principal" herein and Mprrhnnt- RQnding Company [MutUall , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Three Million Eiaht Hundred Eiumhty-One Thousand Nine Hundred Sixteen and 751100 Dollars ($3,881,916.75), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 14 day of Mav , 20 24 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Park Vista Boulevard Improvements, City Project No. 103281. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. 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. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 Park Vista Boulevard Improvements City Project No. 103281 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 17th day of Mav 3 2024 . 4 5 6 7 8 9 10 AT- ES 11 j 12 13 (Principal) Secreta 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Witness as to Surety 37 38 PRINCIPAL: McCleadctn Construction Companv, Inc. BY _ Signatur bO(\ MbNMCJ0rN Name and Title Address: PO Box 996 Burleson, TX 76028 SURETY• Merchan Bonding Corp nv rMutuall BY: Betty J. Reeh. Attorney -in -Fact Name and Title Address: PO Box 14498 Des Moines. IA 50306 Telephone Number: 210.697.2230 Email Address: breeh acrisure.com 39 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 40 from the by-laws showing that this person has authority to sign such obligation. If 41 Surety's physical address is different from its mailing address, both must be provided. 42 The date of the bond shall not be prior to the date the Contract is awarded. 43 CITY OF PORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised December 8, 2023 Bond #100359635 0061 14- 1 PAYMENT BOND Page I of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, McClendon Construction Comnanv Inc. known as 8 "Principal" herein, and Merchants Bonding Company [Mutuall , a 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 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal 12 sum of Three Million EiL-ht Hundred Eighty -One Thousand Nine Hundred Sixteen and 75/100 13 Dollars ($3,881,916.75), lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 15 executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 14 day of May , 20 24 , which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 19 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 20 designated as Park Vista Boulevard Improvements, City Project No. 103281. 21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 22 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 23 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 24 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 25 force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. 29 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 Park Vista Boulevard Improvements City Project No. 103281 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 17th day of 3 Mav , 2024 4 6 7 8 9 10 II 12 ATTEST: ATTEST: (Surety) Secretary Witness as to Surety PRINCIPAL. McClendon Construction Companv, Inc. BP4iae bon ffl(TA-aA r, * ;��, & Name and Title Address: PO Box 996 Burleson, TX 760?R SURETY: Merchants ondina Compa v [Mutuall s BY: Signature Betty J. Reeh, Attorney -in -Fact Name and Title Address: PO Box 14498 Des Moines, IA 50306 Telephone Number: 210.Fi972230 Email Address: hreehna acri5ure.com Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103291 Revised December 8, 2023 Bond #100359635 0061 19 - 1 MAINTENANCE BOND Page I of 3 I SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we McClendon Construction Company Inc. known as 8 "Principal" herein and Merchants Bondina Comnanv [Mutuall , 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 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum 12 of Three Million Eight Hundred Eighty -One Thousand Nine Hundred Sixteen and 75/100 Dollars 13 ($3,881,916.75), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for payment of which sum 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 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 14"' day of Mav , 20 24 , which Contract is hereby referred to and a made part 20 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 21 accessories as defined by law, in the prosecution of the Work, including any Work resulting from a 22 duly authorized Change Order (collectively herein, the "Work") as provided for in said contract 23 and designated as Park Vista Boulevard Improvements, City Project No. 103281; and 24 25 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 26 accordance with the plans, specifications and Contract Documents that the Work is and will remain 27 free from defects in materials or workmanship for and during the period of two (2) years after the 28 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 29 30 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 31 receiving notice from the City of the need therefor at any time within the Maintenance Period, 32 CITY OF PORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised December S. 2023 0061 19 - 2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 3 any defective Work, for which timely notice was provided by City, to a completion satisfactory to 4 the City, then this obligation shall become null and void; otherwise to remain in full force and 5 effect. 6 7 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to be 9 repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the 10 Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 14 Worth Division; and 15 16 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 17 recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised December 8, 2023 0061 19 - 3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the t 7th day of 3 May , 20 24 . 4 5 PRINCIPAL: 6 McCle nstruction Company, I nc. 7 8 9 BY: 10 Signature 11 ATTEST: 12�'i`T 13- 14 (P cip 1) ecretary Name and Title 15 16 Address: 17 PO Box 226 18 Al 1" _Burleson. TX 76028 19�+'` 20 21 itnc s s to rincipal 22 SURETY: 23 Merch s Bondingn lMutuall 24 - - 25 26 BY: 27 Signature 28 29 Betty J. Reeh. Attorney_ -in-Fact 30 ATTEST: Name and Title 31 32 Address: PO Box 14498 33 (Surety) Secretary Des Moines. iA 50306 34 35 36 Witness as to Surety Telephone Number: 210.697.2230 37 Email Address: breehanacrisure.com 38 39 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 40 from the by-laws showing that this person has authority to sign such obligation. If 41 Surety's physical address is different from its mailing address, both must be provided. 42 The date of the bond shall not be prior to the date the Contract is awarded. 43 CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised Dcccniber 8, 2023 MERCHANTS BONDING COMPANY-, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlb/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Allyson W Dean; Ana Owens; Andrea Rose Crawford; Andrew Gareth Addison; Betty J Reeh; Bryan Kelly Moore; Colin E Conly; Debra Lee Moon; Elizabeth Ortiz; Emily Allison Mikeska; Faith Ann Hilty; John R Ward; Michael Donald Hendrickson; Monica Rub Veazey; Patrick Thomas Coyle; Sandra Lee Roney; Thomas Douglas Moore; Troy Russell Key their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of April 2024 . ..I ... •,•A10� '•., .•• "••. MERCHANTS BONDING COMPANY (MUTUAL) .. ' % • �Q�N AilfA.• MERCHANTS NATIONAL BONDING, INC. �•� t �•� • 0 +li'� 9 . dtbla MERCHANTS NATIONAL INDEMNITY COMPANY a.2 •-a- 01 :1--:� -o- o: v 2003 1933 : e: By . �7 .••�,. •••a>�.......•L"�'�•• STATE OFIOWA President � •.,., �' .,J'''`•....•'�• COUNTY OF DALLAS ss. '••....a On this 11th day of April 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. s Penni Miller Z ? Commission Number 787952 • rc=o My Commission Expires tovvA January 20, 2027 (Expiration of notary's commission does not invalidate this instrument) ` �• - � Nota�3�bl�jC I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies,whfch is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on thisIrPkday of It AWN4 • • 4tP OR • '. � off• �Fa q •'°s'. G� � �=�' a 1933 ¢ c' Secretary 2003 ;�� : y 1r: POA 0018 (1124) �'•'....... •' MERCHANT BONDING COMPANY,. MERCHANTS BONDING COMPANY P.O. BOX 14498 DES MOINES, [A 50306-3498 PHONE: (800) 678-8171 PAX: (515) 243-3854 Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO 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 or HMO. If you don't, you may lose your right to appeal. To get information or file a complaint with your insurance company or HMO: Merchants Bonding Company Call: Compliance Officer at (800) 671-8171 Toll -free: (800) 671-8171 Email regulatory@merchantsbonding.com Mail: P.O. Box 14498, Des Moines, Iowa 50306-3498 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1 -800-252-3439 File a complaint: www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov Mall: C'nncLjmPr PrntPrtinn mc. cn-f P Taxag Ida an rtmQnt of In mrance, TIPIIP I lrla r7l1PIa o nPr PS 7 Si tiene un problema con una reclamaci6n o con su prima de seguro, [lame primero a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingles) pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas, tambi6n debe presenter una queja a traves del proceso de quejas o de apelaciones de su compania de seguros o HMO. Si no to hace, podria perder su derecho pars apelar. SUP 0032 TX (7123) Para obtener informaci6n o para presentar una queja ante su compania de seguros o HMO: Merchants Bonding Company Llame a: Compliance Officer al (800) 671-8171 Tei6fono gratuito: (800) 678-8171 Correo electr6nico: regulatory@merchantsbonding.com Direcci6n postal: P.O. Box 14498, Des Moines, Iowa, 50306-3498 El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en: www.tdi.texas.gov Correo electr6nico: ConsumerProtection@tdi.texas.gov Direcci6n postal: Consumer Protection, MC: CO-CP, Texas Department of Insurance, PO Box 12030, Austin, TX 78711-2030 SUP 0032 TX (7/23) MERCHANTS� BONDING COMPANY,,, MERCHANTS BOND I ING COMPANY (MUTUAL) • PO. BOX 14498 • DES MOINES, IOWA 50306-3498 )'HONE: (800) 678-8171 • FAk (515) 243-3854 ADDENDUM TO BOND This Addendum is in reference to the bond(s) to which it is attached. Merchants Bonding Company (Mutual) (`Merchants_) deems the digital or electronic image of Merchants" corporate seal below affixed to the bond(s) to the same extent as if a raised corporate seal was physically stamped or impressed upon the bond(s). The digital or electronic seal below shall have the same force and effect as though manual I fixed to the bond(s). A I I terms of the bond(s) remai n the same. Signed and effective March 23, 2020. MERCHANTS BONDING COMPANY (MUTUAL) p1NG Co,�� •. • d'• 1933 ; e • By:-------{'/--- --------------------- LarryTayfor, President THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET FLEX ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date CPP 2119886 1/31/2024 Policy Expiration Date Date Account Number 1 /31 /2025 1 /31 /2024 Named Insured Agency Issuing Company McClendon Construction Company, Inc. IBTX - Acrisure Amerisure Insurance Company A. SECTION II - WHO IS AN INSURED is amended to add as an additional insured: 1. Any person ororganization with whom you have agreed in a "written agreement' that such person or organization be added as an additional insured on this policy, and any other person or organization you are required to add as an additional insured under such "written agreement'. 2. If "your work" began under a written letter of intent or written work order, any person or organization who issued the written letter of intent or written work order, but: a. such coverage will apply only for 30 calendar days following the date the written letter of intent or written work order was issued; and b. the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the written letter of intent or written work order. This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. For the purposes of the coverage provided by this endorsement, a "written agreement' means a written contract or written agreement that: 1. requires you to include a person or organization as an additional insured for a period of time during the policy period; and 2. is executed prior to the occurrence of "bodily injury", "property damage", or "personal and advertising injury" that forms the basis for a claim under this policy. The insurance provided by this endorsement does not apply to any person or organization that is specifically listed as an additional insured on another endorsement attached to this policy. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 1 of 3 B. The coverage provided to any person or organization added as an additional insured pursuant to Paragraph A.1 is limited as follows: 1. If the "written agreement" specifically and exclusively requires you to name the person or organization as an additional insured using the ISO CG 20 10 endorsement with edition dates of 11 85 or 10 01, or the ISO CG 20 37 10 01 endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" for that insured by or for you. 2. If the "written agreement" requires you to name the person or organization as an additional insured using the ISO CG 20 10 and or CG 20 37 endorsements without specifically and exclusively requiring the 11 85 or 10 01 edition dates, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. 3. If the "written agreement" requires you to name the person or organization as an additional insured for operations arising out of your work and does not specify an ISO additional insured endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of your acts or omissions, or the acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the sole negligence of the additional insured unless specifically required in the "written agreement". 4. If none of the above paragraphs apply, then the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. However, the insurance afforded to such additional insured only applies to the extent permitted by law. C. The insurance provided to an additional insured under this endorsement does not apply to: 1. "Bodily injury" or "property damage" included in the "products -completed operations hazard" unless the "written agreement" specifically requires such coverage (including by specifically requiring the CG 20 10 11 85). To the extent the "written agreement" requires such coverage for a specified amount of time, the coverage provided by this endorsement is limited to the amount of time required for such coverage by the "written agreement". 2. "Bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: The preparing, approving, or failing to prepare or approve: (1) Maps; (2) Drawings; (3) Opinions; (4) Reports; (5) Surveys; (6) Change orders; CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 2 of 3 (7) Design specifications; and b. Supervisory, inspection, or engineering services. D. The limits of insurance that apply to the additional insured are the least of those specified in the "written agreement" or declarations of this policy. Coverage provided by this endorsement for any additional insured shall not increase the applicable Limits of Insurance shown in the Declarations. The limits of insurance that apply to the additional insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. E. With respect to the coverage provided by this endorsement, SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. a. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On any other basis. In addition, this insurance is excess over any self -insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if the "written agreement" requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 3 of 3 NAMED INSURED: McClendon Construction Company, Inc. POLICY NUMBER: CPP 2119886 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS Page 1 1. Additional Definitions 9 1 2. Aggregate Limits Per Location 7 1 1 3. Aggregate Limits Per Project 6 1 1 4. Blanket Contractual Liability — Railroads 3 1 1 5. Broadened Bodily Injury Coverage 10 1 1 6. Broadened Knowledge Of Occurrence 8 1 1 7. Broadened Legal Liability Coverage For Landlord's Business Personal Property 7 1 1 8. Broadened Liability Coverage For Damage To Your Product And Your Work 10 1 1 9. Broadened Who Is An Insured 3 1 10. Co -Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers 4 [see provision 9, Broadened Who Is An Insured, paragraph 2.a.(1)1 1 11. Contractual Liability — Personal And Advertising Injury 3 1 1 12. Damage To Premises Rented To You — Specific Perils and Increased Limit 7 1 1 13. Desiqnated Completed Projects — Amended Limits of Insurance 11 1 1 14. Extended Notice Of Cancellation And Nonrenewal 8 1 1 15. Incidental Malpractice Liabilit_ 6 1 1 16. Increased Medical Payments 7 1 1 17. Mobile Equipment Redefined 9 1 1 18. Nonowned Watercraft 3 1 1 19. Product Recall Expense 2 1 1 20. Property Damage Liability — Alienated Premises 2 1 1 21. Property Damage Liability — Elevators And Sidetrack Agreements 2 1 22. Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care, 2 Custody And Control Of The Insured 1 23. Reasonable Force — Bodily Injury or Property Damage 10 1 1 24. Supplementary Payments 3 1 1 25. Transfer Of Rights (Blanket Waiver Of Subroqation) 8 1 26. Unintentional Failure To Disclose Hazards 8 Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 1 of 11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I — COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement are excess over any valid and collectible insurance (including any deductible) available to the insured, whether primary, excess or contingent (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is changed accordingly). Provisions 1. through 6. of this endorsement amend the policy as follows: 1. PROPERTY DAMAGE LIABILITY— ALIENATED PREMISES A. Exclusion j. Damage to Property, subparagraph (2) is deleted. B. The following paragraph is deleted from Exclusion j. Damage to Property; Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. 2. PROPERTY DAMAGE LIABILITY — ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: The use of elevators; or 2. Liability assumed under a sidetrack agreement. 3. PROPERTY DAMAGE LIABILITY — PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE INSURED A. Exclusion j. Damage to Property, paragraphs (3) and (4) are deleted.. B. Coverage under this provision 3. does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 4. PRODUCT RECALL EXPENSE A. Exclusion n. Recall of Products, Work or Impaired Property does not apply to "product recall expenses" that you incur for the "covered recall' of "your product'. This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of "your product', which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your product(s)" that have no known or suspected defect solely because a known or suspected defect in another of "your product(s)" has been found. B. Under SECTION III — LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 11 CG 70 63 0417 a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and b. "Product recall expenses". 8. Subject to paragraph 5. above [of the CGL Coverage Form], $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. 5. NONOWNED WATERCRAFT Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted and replaced with the following: [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 6. BLANKET CONTRACTUAL LIABILITY — RAILROADS Under SECTION V — DEFINITIONS, paragraph c. of "Insured Contract' is deleted and replaced by the following: c. Any easement or license agreement; Under SECTION V — DEFINITIONS, paragraph f.(1) of "Insured Contract' is deleted. 7. CONTRACTUAL LIABILITY — PERSONAL AND ADVERTISING INJURY Under SECTION I — COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Under SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, paragraph 1.b. is deleted and replaced with the following: 1. b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 9. BROADENED WHO IS AN INSURED SECTION II — WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 3 of 11 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or volunteer worker as a consequence of paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in Provision 10. of this endorsement. Paragraphs (1)(a), (1)(b) and (1)(c) above do not apply to your "employees" who are: (I) Managers; (N) Supervisors; (III) Directors; or (N) Officers; with respect to "bodily injury" to a co -"employee". (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 11 CG 70 63 0417 f. Any person or organization, including any manager, owner, lessor, mortgagee, assignee or receiver of premises, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises or land leased to you, including common or public areas about such premises or land if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any 'occurrence" that takes place after you cease to occupy or lease that premises or land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. g. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard." h. Any person or organization who is the lessor of equipment leased to you, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person(s) or organization(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No such person or organization, however, is an insured with respect to any 'occurrence" that takes place after the equipment lease expires. i. Any architect, engineer, or surveyor engaged by you under a written contract but only with respect to liability arising out of your premises or "your work." However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person only applies to the extent permitted by Subchapter C of the Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No architect, engineer, or surveyor, however, is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph i. does not apply if a separate Additional Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attached to the policy. If the written contract or written agreement requires primary and non-contributory coverage, the insurance provided by paragraphs f. through i. above will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 5 of 11 C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed under a written contract to provide insurance is an insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chemical change in "your product" made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the "your product"; g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This paragraph 4. does not apply to any insured person or organization from which you have acquired "your products", or any ingredient, part, or container, entering into, accompanying or containing "your products". This paragraph 4. also does not apply if a separate Additional Insured endorsement, providing liability coverage for "bodily injury" or "property damage" arising out of "your product" that is distributed or sold in the regular course of a vendor's business, is attached to the policy. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 10. INCIDENTAL MALPRACTICE LIABILITY As respects provision 9., SECTION II — WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee" does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III — LIMITS OF INSURANCE, provisions 11. through 14. of this endorsement amend the policy as follows: 11. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 11 CG 70 63 0417 12. AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract or written agreement. As respects this provision 12., your locations are premises you own, rent or use involving the same or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. However, your locations do not include any premises where you, or others acting on your behalf, are performing construction operations. 13. INCREASED MEDICAL PAYMENTS LIMITS A. SECTION III — LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all the terms of SECTION III — LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. B. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU — SPECIFIC PERILS AND INCREASED LIMIT A. The word fire is changed to "specific perils" where it appears in: 1. The last paragraph of SECTION I— COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a "specific peril" or any combination of "specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III — LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $1,000,000; or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTION I — COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. E. "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 15. BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD'S BUSINESS PERSONAL PROPERTY Under SECTION I — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, the first paragraph following paragraph (6) is deleted and replaced with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to a landlord's business personal property that is subject to, or part of, a premises lease or rental agreement with that landlord. The most we will pay for damages under this provision 15. is $10,000. A $250 deductible applies. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 16. through 18. of this endorsement amend the policy as follows: Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 7 of 11 16. BROADENED KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an 'occurrence" or an offense by your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers," directors, or managers has knowledge of the 'occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the 'occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. f. You must see to it that the following are done in the event of an actual or anticipated "covered recall' that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 18. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CG 70 63 0417 Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. b. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61 st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. c. If notice is mailed, proof of mailing will be sufficient proof of notice. d. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. 20. MOBILE EQUIPMENT REDEFINED Under SECTION V — DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight that are not designed for highway use. 21. ADDITIONAL DEFINITIONS 1. SECTION V — DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury," "property damage," or "personal and advertising injury," including "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V — DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of "your product" for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; c. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 9 of 11 (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid "bodily injury" or "property damage". 22. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE Under SECTION I — COVERAGE A., paragraph 2. Exclusions, subparagraph a. Expected Or Intended Injury is deleted and replaced with the following: [This insurance does not apply to:] a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 23. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under SECTION I — COVERAGE A., paragraph 2. Exclusions, exclusion k. Damage to Your Product and exclusion I. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product' arising out of it or any part of it, except when caused by or resulting from: (1) Fire; (2) Smoke; (3) "Collapse"; or (4) Explosion. For purposes of exclusion k. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) "Collapse"; or (d) Explosion. For purposes of exclusion I. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 70 63 0417 Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product' and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product -completed operations hazard". This sublimit does not apply to "property damage" to "your work" if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24. BROADENED BODILY INJURY COVERAGE Under SECTION V — DEFINITIONS, the definition of "bodily injury" is deleted and replaced with the following: 3. "Bodily injury" a. Means physical: (1) Injury; (2) Disability; (3) Sickness; or (4) Disease; sustained by a person, including death resulting from any of these at any time. b. Includes mental: (5) Anguish; (6) Injury; (7) Humiliation; (8) Fright; or (9) Shock; directly resulting from any "bodily injury" described in paragraph 3.a. C. All "bodily injury" described in paragraph 3.b. shall be deemed to have occurred at the time the "bodily injury" described in paragraph 3.a. occurred. 25. DESIGNATED COMPLETED PROJECTS — AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project -specific limits of insurance exceeding the limits of this policy; A. for "bodily injury" or "property damage" that occurs within any policy period for which we provided coverage; and B. for "your work" performed within the "products -completed operation hazard"; and C. for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG 71 94 either during this policy term or a prior policy term; and D. that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose of the project location. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 11 of 11 NAMED INSURED: McClendon Construction Company, Inc. POLICY NUMBER: CA 2119885 COMMERCIAL AUTO CA 71 65 09 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY INSURED CONTRACT OR CERTIFICATE This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM The provisions of the Coverage Form apply unless changed by this endorsement. This endorsement identifies person(s) or organization(s) who are "insured" under the Who Is An Insured Provision of the Coverage Form. This endorsement changes the policy on the inception date of the policy, unless another date is shown below. Endorsement Effective: Countersigned By: 1 /31 /2024 Named Insured: McClendon Construction Company, Inc. (Authorized Representative) (No entry may appear above. If so, information to complete this endorsement is in the Declarations.) 1. Section II — Liability Coverage, A. Coverage, 1. Who Is An Insured is amended to add: Any person or organization with whom you have an "insured contract' which requires: i. that person or organization to be added as an "insured" under this policy or on a certificate of insurance; and ii. this policy to be primary and non-contributory to any like insurance available to the person or organization. Each such person or organization is an "insured" for Liability Coverage. They are an "insured" only if that person or organization is an "insured" under in SECTION II of the Coverage Form. The contract between the Named Insured and the person or organization is an "insured contract'. 2. Section IV — Business Auto Conditions, B. General Conditions, 5. Other Insurance, paragraph d. is deleted and replaced by the following for the purpose of this endorsement only: d. When coverage provided under this Coverage Form is also provided under another Coverage Form or policy, we will provide coverage on a primary, non-contributory basis. Includes copyrighted material of Insurance Services Office, Inc. with its permission. NAMED INSURED: McClendon Construction Company, Inc. POLICY NUMBER: CA 2119885 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY, TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifles Insurance provided under the BUSINESSAUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium forihis endorsement is '; $250.00 1. BROAD FORM INSURED SECTION Il - LIABILITY COVERAGE, A.1. Who Is An Insured is amended bythe addition of the following: d. Any organization you newly acquire orformr other than a partnership, joint venture or limited Ilab lllty company, and over which you maintain ownership ora majority interest, will quality as a Named Insured. However, (1) Coverage under this provision Is afforded only until the end of the policy period; (2) Coverage does not apply to "accldents" or "loss" that occurred before you acquired or Formed the organization; and (3) Coverage does not apply to an organization that Is an "Insured" under any other policy or would bean "insured" but for its termination or the exhausting of Its limit of insurance. e. Any "employed" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or ranted under a contract or agreement In that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) whlfe using a covered "auto" rented from you or from any member ofthe "employee's" household. f. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or horrow and while performing duties related io the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide Insurance such as is afforded under this policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contractor agreement is executed or the permit Is Issued prior to the "bodily Injury" or "property damage"; (2) To any person or organization Included as an Insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" Is leased without a driver; and Includes copyrightedmaterlal of Insurance Services Office, Inc. CA 71181109 Page 1 of 5 (c) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally incorporated organization or subsidiary in which you own more than 54% of the voting stock on the effective date of this endorsement. This provision does not apply to "bodily injury" or "properly damage" for which an "insured" is also an insured under any other automobile policy or would be an Insured under such a policy, but for Its termination or the exhaustion of its limits of Insurance, unless such pollcy Was written to apply specifically In excess of this pollcy. 2. COVERAGE EXTENSIONS -SUPPLEMENTARY PAYMENTS Under Section II - LIABILITY COVERAGE, A2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced as follows: (2) Up to $2,500 for the cost of bail bonds (Including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish lhase bonds. (4) All reasonable expenses incurred by tho "Insurod" at our request, including actual loss of earnings up to $500 a day because of time off from work, 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION II -LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee Is deleted and replaced bythe following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and In the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers, managers, supervisors or above. Coverage is excess over any other collectible Insurance. b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of paragraph a. above. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: Ifanyof your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, underyour name or the "employee's" name, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown In the Declarations, Item Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION III -PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions. paragraph b. Loss Of Use (Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will payexpenses forwhich an "insured" becomes legally responsible to payfor loss of use of a vehicle rented or hired without a driver, under awritten rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision, only If the DeclaralIons indicate that Comprehensive Coverage Is provided for any covered "auto'; Includes copyrighted material of Insurance Services Office, Inc, Page 2 of 5 CA 71181109 (2) Specified Causes of Loss, only If the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision, only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will payfor any expenses for loss of use Is $30 per day, to a maximum of $2, 000. C. Under SECTION IV —BUSINESS AUTO CONDITIONS, B. General Conditions, 5, Other Insurance, paragraph b. Is replaced bythe following: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your"employees" under a contract in that Individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto" that is leased, hired, rented or borrowed with a driver Is not a covered "auto", nor Is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (If you are a limited liability company), or members of their households. 5. LOAN OR LEASE GAP COVERAGE Under SECTION 111— PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, In the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto', less: (a) The amount paid under the Physical Damage Section of the pollcy; and: (b) Any; (1) Overdue lease or loan payments Including penalties, interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties Imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Llfe Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor; and (5) Carry-over balances from previous loans or leases, 6. RENTAL REIMBURSEMENT UnderSECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, paragraph a.. Transportation Expenses is deleted and replaced by the following: a. Transportation Expenses (1) We will pay up to $75 per day to a maximum of $2,000 for transportation expense Incurred by you because of covered "loss". Wa will pay only for those covered "autos" for which you carry Collision Coverage or olthor Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses Incurred during the period beginning 24 hours after the covered "loss" and ending, regardless of the policy's expiration, when the covered "auto' is returned to use or we payfor its "loss This coverage Is In addition to the otherwise applicable coverage you have on a covered "auto". No deductibles apply to this coverage. Includes copyrighted material of Insurance Services Office, Inc. CA 71181109 Page 3 of 5 (2) This coverage does not apply while there Is a spare or reserve "auto" available to you for your operation. 7. AIRBAGCOVERAGE Under SECTION III -PHYSICAL DAMAGE, B. EXCLUSIONS, paragraph 3. is deleted and replaced by the following: 3, We will not pay for"loss" caused by or resulting from any of the following unless caused by other "loss" thatis covered bythls insurance: (1) Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. S. GLASS REPAIR --WAIVER OF DEDUCTIBLE Section ill — PHYSICAL DAMAGE COVERAGE, D. Deductible Is amended to add the following: No deductible applies to glass damage if the glass Is repaired ratherthan replaced. 9. COLLISION COVERAGE —WAIVER OF DEDUCTIBLE Under Section III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: When there Is a loss to your covered "auto" Insured for Collision Coverage, no deductible will apply if the loss was caused by a collision with another "auto" Insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV -BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim), Suit Or Loss, paragraph a, is deleted and replaced by the following: a. You must see to itthatwe are notified as soon as practicable of an "accident", claim, "suit" or "loss". Knowledge of an "accident", claim, "sull"or "loss" byyour "employees" shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you are a limited Ilability company) has knowledge of the "accident", claim, "suit" or "loss". Notice should include: (1) How, when and where the "accident" or "loss' occurred; (2) The "Insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 11. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION 1V - BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us Is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to orfor whom we make payment underthis Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing arter "accident" or "loss" to Impair them. However, if the "Insured" has waived rights to recover through a written contract, or If your work was commenced under a letter of intent or workorder, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have underthis Coverage Form. Includes copyrighted material of Insurance Services Office, Inc. Page 4of5 CA71181109 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Form If you unintentionally fall to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omisslon in your representations as soon as practicable after Its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. 13. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definlllon of "Insured contract" is amended as follows: The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and Paragraph Hai. are deleted with respect to the use of a covered "auto" in operations for, or affecting, a railroad, Includes copyrighted material of Insurance Services Office, Inc. CA 71 181109 Page 5 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be @@@ percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: 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.) Endorsement Effective 1/31/2024 Policy No. WC 211988801 Endorsement No. WC 42 03 04 B Named Insured:' McClendon Construction Company, Inc. Premium Insurance Company -Amerisure Insurance Company WC420304B (Ed. 06-14) Countersigned by Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. NAMED INSURED: McClendon Construction Company, Inc. POLICY NUMBER: WC 211988801 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice 30 For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization The Name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States that notice of. a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 05 07 - BLKT NAMED INSURED: McClendon Construction Company, Inc. POLICY NUMBER: CPP 2119886, CA 2119885 & CU 2119887 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE -THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject to the cancellation provisions of the Coverage Form to which this endorsement is attached, we will not: 1. Cancel; 2. Nonrenew; or, 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least 30 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder; 3. Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection under this Coverage Form. SCHEDULE Name Of Person Or Organization Mailing Address Any person or organization holding a certificate of insurance issued The address shown for that person or organization in for you, provided the certificate: that certificate of insurance 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy IL70660714 FORT WORTH,.., Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Park Vista Blvd Improvements M&C: 24-0388 CPN: 103281 CSO: 61577 Date: 06/03/24 To: Name 1. Donnette Murphy 2. Patricia Wadsack 3. Lauren Prieur 4. Priscilla Ramirez 5. Doug Black 6. Jesica McEachern 7 Ronald Gonzales 8 Janette Goodall 9 Allison Tidwell 10. TPW Contracts Department Initials Risk -Approver r.1 TPW-Approver pL TPW-Signer Legal -Approver Legal -Signer ACM -Signer CSCO-Approver P CSCO-Signer G 'Ta CSCO-Form Filler !J- TPW DOCM Date Out 06/04/24 06/11 /24 06/11 /24 06/11 /24 36/11 /24 36/18/24 )6/18/24 06/18/24 06/20/24 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: []YES []No NEXT DAY: []YES ❑No ROUTING TO CSO: ®YES ❑No Action Re aired:, ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to the General Conditions and Technical Specifications Return To: Please notify TPWContracts a@fortworthtexas. oovv for pickup when complete. Call eat. 7233 or ext. 8363 with questions. Thank you! From: Betty Reeh To: svc. Agiloft; Hadlev-MMhPP, Michelle; TPW Contracts Subject: RE: PLEASE REPLY _BOND VERIFICATION REQUEST [CPN 103281 (Park Vista Blvd)] ID:[fi7y3k/4912/1032] Date: Friday, May 31, 2024 11:18:49 AM Attachments: imaoe001.Dno CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. This is a valid bond and the information shown is correct. Any other questions, let me know. Betty J. Reeh Surety Account Executive ACRISURF 32335 US Hwy 281 N, Suite 1201 Bulverde, TX 78163 Email: breeh(cbacrisure.com Direct: 210-697-2230 Cell: 210-273-4934 This email, including any attachments or subsequent replies thereto or forwards thereof, (a) may include confidential, proprietary or other protected information; (b) is sent based upon a reasonable expectation of privacy; and (c) is not intended for unauthorized persons. If you are not the intended recipient of this email, you must not use, disclose or disseminate it or any information contained herein, including attachments. If you are not the intended recipient of this email, please immediately notify its sender and permanently delete it, including any attachments or replies thereto or any forwards, copies or portions thereof. Any unauthorized review, use, disclosure or distribution of this email is prohibited and may be a violation of law or regulation. It is the responsibility of the recipient of this email to take steps to protect against viruses and to ensure that this email (and any attachments hereto) does not adversely affect any computer system into which it is received or in which it is opened. From: agiloftsvc@fortworthtexas.gov <agiloftsvc@fortworthtexas.gov> Sent: Friday, May 31, 2024 10:19 AM To: Betty Reeh <breeh@acrisure.com>; Michelle. Had ley-McGhee@fortworthtexas.gov; TPWContracts@fortworthtexas.gov Subject: PLEASE REPLY —BOND VERIFICATION REQUEST [CPN 103281 (Park Vista Blvd)] ID:[fi7y3k/4912/1032] IYou don't often get email from anilnfttvr(c)fnrtwnrthtPxas nnv I Parn why this it imnnrtant 05/31/2024 Good morning Betty. The City of Fort Worth is in receipt of the following referenced bond(s) — BOND #100359635, in the amount of $ 3,881,916.75 (Three Million Eight Hundred Eighty -One Thousand Nine Hundred Sixteen and 75/100 Dollars), from McClendon Construction Co., Inc., for City Project #103281 (Park Vista Blvd. Improvements). Please provide confirmation that both the bond(s) and dollar amount(s) are valid. Your prompt attention to this matter is greatly appreciated! If there are additional questions or concerns, please do not hesitate to contact me at, michelle.hadlev- mcohee(&fortworthtexas.aov, or by phone, 817-392-7233. Should this request have reached you in error, or needs to be directed elsewhere, please be so kind to provide the name of the contact, with both an email address & phone number of the person or department being referenced. It is appreciated. �ookl� fntwatd � pg�v�otaclative, Michelle Hadley -McGhee Contract Compliance Specialist City of Fort Worth Transportation & Public Works (TPW) 200 Texas Street, Fort Worth, TX 76102 Direct: 817-392-7233 Michelle.Hadlev-McGhee(@fortworthtexas.eov