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Contract 62401
CSC No. 62401 FORT WORTH, CONTRACT FOR THE CONSTRUCTION OF FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road City Project No. 104003 Mattie Parker David Cooke Mayor City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2024 Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 (817) 335-6511 Abhishek Acharya, P.E. (124094) TPBE Firm No. F-928 ®®® ® ®®e®y��0 4/01/2024 ,,x 'o .o o TF �o*000 oo000000 oo000o—oo�to oo ® ABHISHEK ACHARYA ®oo000o—o—o—o—o-000 ®'Q o 124094 0 �� �-)30. *o �/c Oo '4 �� ®0It �s EN rI,��`� L OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH., City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 TABLE OF CONTENTS Page 1 of 8 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 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 * 0913012021 00 42 43 Proposal Form Unit Price* 0112012012 004313 Bid Bond* 0911112017 004337 Vender- c04�l1ioj t" Sta4e raw i t sOYJOl�t Bidder-06/27/011 0045 11 Bidders Prequalifications 08/13/2011 0045 12 Prequalification Statement 09/30/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 12/08/2023 0061 13 Performance Bond 12/08/2023 0061 14 nno�9Main4eaa-aeei Payment Bond 12/08/2023 in 00 61 25 Certificate of Insurance 2 s 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 10/06/2023 Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 013216 Construction Schedule 10/06/2023 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 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 NfoNlizatior. G\Id Remebiliza4ie 11/22QO16 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 00 00 TABLE OF CONTENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 - Existing Conditions 0211 13 Seleetive Site De,,.,ertien 0 AST Utility D om..ya / A 1..,a.a.,..mo,-,� Division 03 - Concrete 033000 Cast l Dl.,ee Cone --oho 03211 13 rei#.elle,l row Stwengtl, ?Aa4e-i l (rr SM4 83 9000 Meth e ties to Ez.izteng Co e.ete Stft of .es Division 26 - Electrical '1ti�o Demolition f Eleet..;e.,l Systems 3 R ee.. ays .,n.1 Uexes F f Eleetfieal Syste,.,� 26� Un e,-g-atHi 1 Duets ..n D..ee.. ays f >rleetfie.,l System Division 31- Earthwork 31 1000 Site Cleafi flg � 3123 16 T T.. el ass f; e.l Exe., , ,-, tie � 31 3124 00 �rrb�z.lr. efts 3moo €w-&4L\n and &jdkm ant Coatfol 313600 Gabions 3 l�o Division 32 - Exterior Improvements 3201 18 T er Or+ralt Prrrirr P_ 37�9 Eener-eto 'I VA - Rapa�F 32 1123 F e-xible Base retifses- Z7�9 Lime e T.e te,l Base Couf:ses 27�3 Ce,f.en4 Treated Base r.,,,. 32 1 1 3 7T Liquid Treat e.l S �011 fta�rillaor 32 13 13 Go e .ete Paving 27�o Go e,.ete Sid e..,allo, Dri-.-eways-afA-Bamk,,r F1oo Itz �s 27�1 4 116 Bfi&, Ti',nit,-'W *g 37�3 ('o e fete !'tir-.and Q&4e fs .,*.1 Valley Gt ttefs 32 31 13 Chain Fmcconr__ Gates 323126 Wir-e Femooc.-wid Gates 3232 13 Cwv.' in Plaoe Co e..ete Retaining Walls Date Modified CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 00 00 TABLE OF CONTENTS Page 3 of 8 3291 19 Topsoil Pla-eonxait and Finiollin^ of n,,,.l,.,,ay 13,29213 Sedding 2''�T Nun Nati :' 31,21 93 13 T+ecc and gk-�ti,s Division 33 - Utilities 22�0 Sewer- .,....1 Manhole Testing 22�T Closed Gir- uit Tel&yis en (C;GTxT\ inspeetie 22�0 Te:..t Bending and l;leet,-:e.,l isel.,ti,,.. 2 2� Ger fesio GefAfel Test St..t as I 3304 12 T iT.,,.aesitff . Anode !"'a4ha,l:e Pr-eteet:en Systew. 22�0 T-emper-afy Wa4e,- Sen ees 33 04 40 Cleaning .,n.1 Aeeept..aee Testing of a4e,- Mains 3304 50 Cleaning of Sewer- Mains 22�0 Utility T,-e.,el, Exe.,y tion, Enmbadfnef4, a -ad B eLfi11 22�z Wakw T ' N T �,3ii3g 33 05 3 > ,-.,me G&ye . era r_,.a e Rings Cast T«e,. 33 05 14 Adjuctin , Gr-ade 330520 Auger- Beir4fig 330521 Tu:----Ql. L/.xer- Pl 4e 22�z Steel !`.,sing Pipe 3�3 Hand Tunneling 33 0524 installation fGaf.:e. Pipe i Casing ar TurAwl Limar- Plate '2Z�0 T ee.,ti.,n of Existing U44 t:es 33 1105 B4to, Nun, and Gaskets 2 2�0 P et:l a ir-on Npe I ✓� 11 12 n ly,yi,,.,1 Ghle-i e (PVG) n.00mro Rice - 11 13 !'',,ite -ete P-es.,,,,-o P*, Baf TxT,-.,,. ped, Steel !''.,1:«,7e,- Type 2 11 11 Bur-ied Stod Pi r.�gd FtfifW-R 11� 22�0 xxT.,te.- Sei=yiee,3 1 insoh ta 2 inett 3-13 1211 Large Water- >, Sete -s 2Z�0 Des:l:efA Seated Ga4e Valve 3,31 [ 12 � Axx W A Rubber- Seated Butter -fly, a4yes 22Genneetio to Existing xx7..te,- Mains 33 1230 Ge..-.1.ina4:e« A:,- Valve Assemblies fer- Petable Wa4ef Systems 33 1240 Fife u 3250 AWar cmmr).a Stations 22�0 St.,, dar-,l plow off VaPve Arse, .l.l., 3,33 ! 12 C/a -ad is Llliz 2 Pipe ((;!P-P) 3,3131 13 Fiber -glass D einf -ee.a Pipe for- Gravity Sa-n to Sewer 2/3 ✓. 1F High Density Polyethylene (14D E) Pipe for "mitaiy Sewe� CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 00 00 TABLE OF CONTENTS Page 4 of 8 22 11z Del,,yiff ,1 Chloride (PVC) CClosedProfile !`_ «,,y4y- ani1ary- wef Pipe '�1 ?% vi S ,mac, , C o`v'r� 1�9 � 1d�li�g 3? 31 'l? S r:+., y Sewe. D;..a Exlar�n. ant 33 31 50 Sanitafy Sewer "tl-Ace reff,,eetions and ce,.,,;ee Litie 22� Ce,..l,iaa4;e,. A;,- Valve fe- C`anita-fy Sewer- Fer-ee TiT,,;,,.., 33�0 Ca�.t in Plaoe Co e..e+e Manholes 22�0 D«ee.,st Cone,.ete Manholes �o Fiber -glass MaFtheles Z ZOO x rite,,,°,. n eves i J1�,I aI �z�) 22�0 Epe" Liner- e FOr Eamt&ry C`ewe,- C`+.-.,etufes 33 4�1 10 Deinf ,-ee,l Ce,.e,-e+e S o1Ri3 ?1-3 11 11 High De, soy Polyethylene (HDP r) Pipe DrZr1 22�2 Rein f ,-ee.7 Polyethylene (SRPE) Pipe I 3 2�s 4600 Stttldr-aifiage 22�z Slotted S terms Diana 33 4602 T+$n7L1 D71--ns 33�0 Cast i Dl„ee TR.,n eles and T,i etief, Ue„es 33-49 20 Oary and Dnop 33 4940 Starr17 Division 34 - Transportation 34 41 �o T-Faffie Signals 34 41 101 n++ n ll + �0T rr�ca xixei�+ cr�� atieaei Fc7 aci zn n1 1n02 n+ n Spe �-�rzvvs rr�t� rii�t� E9atF6a�'vpv icu4i6a 2n n�03 fittao.km` t r eea,, aFe Speei eatio �311 11 11 T air nrra,�f� € ✓ 1 11 13 D e., & g T,-.,FF;e Signals 311 11 15 Rec�gulx Nri d Fla;hirg Beaeon 34 41 �v 34 ^moo Read-w Illurn�natgen-AyszxnUkas 3 n n�0z LED r �toi�l, �.� J� R • .�zrsina�im 2A A�O2 Freeway LED De.,.l,,,a Dx%,,K-xkTs 3 n n�03 Re4deftikal LED R e y Lumina. es 34-41 30 Alunninum £ice 2 A�3 Tra ff e Ce, fel Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httD:Hfortworthtexas.gov/tDw/contractors/ or httDs:HaDDs.fortworthtexas.uov/Proi ectResources/ Division 02 - Existing Conditions 9211 13 celeetive Site Demolition Last Revised n3 i1�i i2l,20112W2 I n2 ins I CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 00 00 TABLE OF CONTENTS Page 5 of 8 Division 03 - Concrete 033000 Cast i,1 Dl.,ee Co e.ete n3/iv�rriTivzz 03o�3 CE) fA- ilea row et,.engt1, Ma4e,-;.,1 (C SM4 1 2 / z o. Tlama's lr 038000 Medifieat4e o Exictiag Gene fete St,..,etufes 1 7 /0 Division 26 - Electrical 260500 Co11enr7onl Povalis for- Lleetf e,l n�/1�22 260533 f 1~le 1�/�12 ��y� a�3 JoIl��tir�a7 fi,s q6 ne n� + lrleetl-;e.,l S„sten ,,,� �7/nmToiizozT �� T TL�li� JUL�9.�a�� l�,�eS2.,,,.� f 260550 Eommu i sa4ionsRUk Duct !Geaduit 02 /'o�4 Division 31- Earthwork 0 Site Clearing n� /�24 3123 16 TT1,elass f;e,1 Exe.,y tie., 01,128,L2013 �v '-r 31 23 23 Bef a nl /7vT-sorzoi3 1 n1 /0 4�B �,3-�4-00 ...r 1m1 .�i�.l>m8i3tS 31� Gabiefis 17/7 z '21�0 Ripr-ap 171 N z Division 32 - Exterior Improvements 3201 17 �-v�r 1 D el.ai 1 2/2019 1 7 �J1�1'Y'4�'1'lt �'��1. .i�:l.�g�cc�rr rrravrzvzz 3201 18 320129 Te fflpef:af,. Asphalt It 17/7�zr20,9012 Q/20,/20i2 121123 27 1 1 7O Fle-xible Base retifses- 12/7 z T ;1�,e T-Fe, to,l r..,,,-�e� 1')/7n/7n17 � 32 11 P Base, 2 nemen4 T-eate,l Base ro,,,.nti/1�22 32 1 1 3 7 ., �, � . ., ,vvrz-rrz-v Liquid Treated Soil Stabilize n4/"f 1 /'lnl G i� 22 12 16 !kM �u1t,1 ,iiig 12/' z 331273 Asphalt It n, ,. ag Cr- ec [ 12/20,9012 32 13 L re1,e,.ete n.,,,:ng n6/10 n�z '27�0 Gene,-ete Sidewalks, D-;,,e,, ays and 1?.,ff e« L',-w -Rani 17/nrcrv9QO22 32 1373Gonet �� 17Nn/7n1z7 iao ltrlii711 � 32 14 16 Hrkk UnitPwvifig 1' /�� 32 16 re,le.etee44r,,�,{.��.1_�.��, a r_„ttOr2�� V ll�fs 12/n�22 32 117r23 Pave ,n3/atlrkings n6/io nvrrvrivsi 2'�5 n o3 �I.IStJ,ISg 1 1 � n-/vn,�Qn13 3231 12 �� 17/7n/7n17 a�a� � rtravrzvzz �v 23129 Wife Fenees and Gates r2-20,9012- Wood > e1,ees era Gates 12/20,Qz 32 9! 1 9 Topsoil Dl.,ee,v,oi'�/nd FiiI7f4&xg of De.,,l,, ay Right of ,,,.,y n2 /1�z 1292 13 1n Sedding nv1�2 Seedift. nc/13/202- 32 92 �-z- �-z--rT ] 7�5 No„ Native v�rra�vzz Na4ive aj and W l dt owe1- Seeding 10,106,12 � 32 93 13 T+e�io and S1w�-s 1'/'�12 CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 00 00 TABLE OF CONTENTS Page 6 of 8 Division 33 - Utilities 22�0Sewer-and Manhole Testing 22�T Closed r;.e,,;t Television irrTv4 raspeet;ox Ealit&fi", €F n2/1"� Z 2�i Closed Cir-euit Television (rrTv4 laspeetieft S m-m Dyuin 11 /n�2 33 A39 BypasB Purtir;/%g ofExisting Sewef S yste 12/2�1 133-04-10 T.;.t.Beading di ..n rlea'.al IOieQrzvizvz I 23 04 11 Cer-Fes:.,.-. Ce..+,-ol Test Stations 17/'fzzrzvriviz 22�z Naafi esitff Anode r t1,od a Pr-oteetio Syste . 1 l/�Q I 22�o Tempera, , Water- Se....:en�/n��� 1�4 22�0 Cleaning and neeept. ree Testing fW.,4e. Mains 02,106,12013 3305 0 Utility ch Excaimlim, Embcdmeft and B ekF;ll nn /nvT virivii 33-05 12 W 4e« r ;tee r oweiiii 12/2�1-2 22�3 >;..afne Cover- and C"- oRings nn/n i 33 05 14AdjManholes,inlets,Boxes, z �03 1 02 �� I3� 05 +6 Co erete Water- Vaults 22�T Conefete Gollafs n2/1 1,0(02 2 2�noAuger-12/20,12012 33 05 21 T l r ' 17/2 z �✓-v�-zT � Ul�"�. �lx�e 22�z Steel Casing-Ripe12/7 z 330523 Hmd Tun --aging Q/201/20Q I 330524 installation of T 1 r 1'l/n�� �-TQ�Y Piro Ix �Si��Y �Ux�'� �7.5 �1site 33�o utilit.. Nlar-ke /T .,...tors 17/2z 33�0 r ..e.,ti0 f E*ist:.... r Tt:l:1 7 /7 z T23 r11-n5 Belts, Ts ts, m Gaskets r110010nvi1z� 22�0 Duwt''.Q T 12/09/2022 .ter � Pip� i 11 11 Duet:le iron Fittings nn/ T 11 12 Polyvinyl Chloride (PVC) n eDcure I-11ift4 no/n�Q I 3,32 11 13 Co e .ete n..ess 0 Piro, Ba f 3ALF ppe,1 Stool Cylinder- Type 1 � /�Q ",? 11 11 Fez Pipi an r� 1 ��Q I 33�0 iT7.,tef Sefyiee0 1 inck tq 2 ine1i M/1vz�r 12 3,2 1211 r ., e T1I T.,4e,- Meter-s 12,12OA2012 22�0 Des;l;efA Seated !`_.,te Valve 05/06,12015 22� ATI A A Ribber- Seated T2„tte-FIy V nA/7�9 2 2� Gen eetio to Existing Wa e - Mains m /no�3 33 1230 E01°Yit.-Y-6e" Valve Assemblies f Petable Wme.- Systems Q/7 z 3 3�0 L':,-� n l /nT I 23 1250 Water S samr).e. Suers 17/7�zrsvi,2viz I 22�0 St.,..dai-7.a Blow .,#'Valve Ayax- Ny 06,119,12013 2 1 1 2 Cuipe (CIPP\ 1 7 /2�zr20/2012 '�., 3 � �� .��-�d is Lll�z�� 201 31 13 Fite, -glass neinf -ee,1 Pipe for- Gfwy:t.- GaYGta.-y-Sewtf$ 12/209012 ✓✓ ✓. 1i High Deal 4y Pel..ed+yle,.e (14D E) Pipe for Fwz.ta , of nn /�7 22�0 nel.,..;,...1 Chloride (nxIC) r ...,:4.. &wz.tz,'-fie nn/n i ? ✓' ?' �Ca�itarr,e 11 /7z Pipe 2 1 San tafy Se., S r �., 3 � � wr J�i� �~ixg 3, -1 31 2222 Sanitafy Sewer- Pipe Fn1afge,ti,e 12/20A2012 0 ;tL. Sewer- Se e eet; :/u\Ad &jri-. a nn/� � 3 333170 Ga,,%h /Pa1ati` f n;,- Valve F ea fl tafy eewef Lefee Nif..;,..., i2/'l z CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 00 00 TABLE OF CONTENTS Page 7 of 8 3339 10 Cast i Ulaee C ne fete Manlx,�oz 12/20,12z 333930 �2/�n12 ��aP��,CO �361eS 1L rr/Lnvrtvzz 3 Z940 is aste,,,a4er- n eeess Chamber- (NV n r4 12,12042012 339-60 Liers(s>rlti��, nn /o�T 33 41 10 neinf « e,l C rer-e+e c+orm n7/non 2'1 High llo, soy Pel-yethylene (14DPE) Pipe f f c+ , ,12nl'f �.� 11 11 L��I DI��tR 12/20�=z 22�2 Reinfer-eed Polyethylene (&RP7E).,,PCrr B 11 /1�-rQW5 '22�3� U',.71�,�,7,.«opylene Pipe f ! ctarm min n�/i i 33 46 00 t�ubdr-a 'gee 12,120,12012 3�-46 01 Slatted Stapm Dmiryz 07,101,12044 33-46 02 Tfowk 1D"-kyj n7/n�11 22� Cast in Dlaee AiT.,.',hales a* T,,,.,e fie« Bexes 42/20,9viz 22�0 �d Dip Z'i�atL; n2/1�r11/2022- 33 nn nn 11 �o �oI''nR D�ir�Ou�-�ral�°�d `ems n7/n1 /2nn � Division 34 - Transportation 2A�0 T-Fa e c;gnra& n3VJ/,T1,9022 3A n�01 rnrttt` elffnent A C—enifellcrCabine 1'1/1 gQ0155 2n n1 10.02 A rseh',S,i�ist B C te+,-elleF c,.o,.�ifie.,+; r n�2 34 ^� 41-1.tt`tt�y- 03 A m—SeAtt ar—e Speei iea4ie 2 ail 11 11 Temperafy T 9ign\a1s 1 1 /�lI 311 11 13 u efnyiag Traffic Uzpnalb n� /1v�rrirzvzz 3A�0 Readw Illur4i217.%;e A sso,., bl;es 1'l/'lzzrzvizviz 3n n�01 Aft -Aria). LED Ra�Tiarsinaires n6/10 c�4-5 zn -4120.02 -Fee , ay LED n,,,,0vr/1 Szn1z5 34 4120.03 Re U. USD R 06/1 5 34 4130 0 Alxr-."\�,firm- 11 / 1�lI 2n� Single Mode Fiber- Opti, Cable n2Nv /26,2016 TxDOT Requirements 1. Disadvantaged Business Enterprises (DBE) Requirements 2. Buy America 3. Child Support Statement (Family Code §231.006) 4. State of Texas Child Support Business Ownership Form* 5. OSHA Implementation 6. Disclosure of Lobbying Activities* 7. Non -Collusion Affidavit and Debarment Certification* 8. Bidders Certification 9. Contractor's Assurance 10. Prevailing Minimum Wage —Davis Bacon 11. Prison Produced Materials 12. Differing Site Conditions 13. General Notes 14. TxDOT Specifications, Special Provisions, and Special Specifications List 15. Federal Requirements for Federal -Aid Construction Contracts (FHWA-1273) 16. "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges — Adopted by the Texas Department of Transportation November 1, 2014" — Included by Reference. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 00 00 TABLE OF CONTENTS Page 8 of 8 17. Prohibition on Certain Telecommunications Equipment or Services *Required to be submitted with bid to be deemed a responsive bid. If these items are not submitted with the bid package, the bids will not be read publicly. Appendix GG-4.01 GG 4.02 fiabvaa ee and Phys;,..,t G rditiers FE-4.✓I TJm GG 4.06 Condition a4 Site GC-6-8-7 w.. g n ,,. _ GC-6.09 Permits and Utilities GG 6.24 Nandisoraiminatian END OF SECTION CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 000510-1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page 1 of 1 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION (M&C) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 25 26 27 28 29 30 31 CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised July 1, 2011 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/15/24 M&C FILE NUMBER: M&C 24-0894 LOG NAME: 202018 RAILROAD THE AT HALTOM AFA - AMENDMENT 2 (CD 11) Authorize the Execution of a Contract with McClendon Construction Company Inc. in the Amount of $891,052.50 for Construction of the 2018 Railroad Trinity Railway Express at Haltom Road Project, Adopt a Resolution Authorizing the Execution of Amendment No. 2 to an Advance Funding Agreement with the Texas Department of Transportation, Adopt Appropriation Ordinance, Approve the Temporary Closure of Haltom Road on Either Side of the Railroad Track, Amend the Fiscal Years 2025-2029 Capital Improvement Program :7x9191 ��I�ri14►10101ZA It is recommended that the City Council: 1. Authorize execution of a contract with McClendon Construction Company Inc., in the amount of $891,052.50, for the construction of the 2018 Railroad Trinity Railway Express at Haltom Road project (City Project No. 104003); 2. Adopt the attached resolution authorizing execution of Amendment No. 2 to the Advance Funding Agreement with the Texas Department of Transportation (City Secretary Contract No. 58042) for the 2018 Railroad Trinity Railway Express at Haltom Road project (City Project No. 104003) to increase the total Advance Funding Agreement amount from $803,362.00 to $1,177,699.00 with City Participation in the Amount of $229,832.00; 3. Adopt the attached appropriation ordinance, increasing estimated receipts and appropriations in the Grants Capital Project State Fund, subject to receipt of the grant, in the amount of $351,688.00 for the purpose of funding the 2018 Railroad - Trinity Railway Express at Haltom Road project (City Project No. 104003); 4. Approve the temporary closure of a section of Haltom Road between Etsie Street and the first driveway south of the Trinity Railroad Express railroad track from December 2, 2024, to April 30, 2025, to allow for roadway reconstruction to eliminate the existing railroad crossing hump as part of the 2018 Railroad Trinity Railway Express at Haltom Road project (City Project No. 104003); and 5. Amend the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: The 2018 Railroad — THE at Haltom Road project's objective is railroad crossing safety improvements, which include the elimination of the roadway hump, installation of a median, refreshing the pavement markings, installation of signage, and the reconstruction of the deteriorated roadway. The City of Fort Worth advertised the 2018 Railroad - Trinity Railway Express (TRE) at Haltom Road (City Project No. 104003) in the Fort Worth Star -Telegram on April 11, 2024, and April 18, 2024. The following bids were received on May 9, 2024: Bidders Amount McClendon Construction Company, Inc Fort Worth Civil Construction, LLC $891,052.50 $942,843.20 The table below summarizes past appropriations, sources, additional funding, and the estimated total cost of the project at completion: 2018 Railroad — THE at Haltom Road (City Project No. 104003) Fund 34018 — 2018 Bond 31002 -Grants Capital Existing Funding $537,000.00 539,365.00 Additional Appropriation $0.00 351,688.00 Project Funding Total $537,000.00 891,053.00 Project - State Grand Total $1,076,365.00 $351,688.00 $1,428,053.00 On May 10, 2022, the City Council adopted a resolution to authorize the execution of an Advanced Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) (City Secretary Contract No. 58042) for the construction of the 2018 Railroad - THE at Haltom Road (City Project No. 104003) (M&C 22-0333). On November 29, 2022, the City Council adopted a resolution authorizing the execution of Amendment No. 1 to the AFA with TxDOT for an increase in federal participation in the construction responsibilities to 100% from 73% and a decrease in indirect state cost by $288.00 (M&C 22-0985). Under Amendment No. 1, the City would have been responsible for cost overruns after the federal funding reached the maximum amount obligated of $539,365.00. After opening the bids, the low -responsive bidder's bid price was $351,688.00 higher than the estimated construction cost on the executed AFA. The Transportation and Public Works Department (TPW) contacted TxDOT to request additional federal funds to cover the additional construction cost. This AFA amendment No. 2 modifies the agreement to include this additional $351,688.00 in federal funding. The City of Fort Worth will be responsible for additional construction cost increases. The appropriations for the federal grant will be increased, as shown below. Fund 31002 -Grants Capital Project - State Unappropriated Indirect State Cost 34018 - 2018 Bond Program Fund Grand Total Original Budget Amendment No. 1 Amendment No. 2 Revised Budget (M&C 22-0333) (M&C 22-0985) (This M&C) $393,736.00 $145,629.00 34,453.00-288.00 375,461.00-145,629.00 $803,650.00-$288.00 $351,688.00 $ 891,053.00 22,649.00 56,814.00 0.00 229,832.00 $374,337.00 $1,177,699.00 Additional Federal funding for this project was not included in the Fiscal Years (FY) 2025-2029 Capital Improvement Program because final construction costs were unknown at the time of project budget development. The action in this M&C will amend the FY2025-2029 Capital Improvement Program as approved in connection with Ordinance 27176-09-2024. The City of Fort Worth Transportation and Public Works Department, on behalf of Capital Delivery, requests the temporary closure of a section of Haltom Road between Etsie Street and the first driveway south of the THE railroad Track from December 2, 2024, to April 30, 2025, to allow the contractor to perform the roadway reconstruction. The existing roadway at this project location has two (2) lanes, one lane each way. The project scope includes the elimination of the existing railroad crossing hump, which requires the roadway to be closed for the safety of the road users during construction. The detour plan for the roadway closure is attached to this M&C. The Capital Delivery project manager has informed the responsive low bidder, McClendon Construction Company, Inc., that Realize Truck Parking at Fort Worth (Southwest property to the railroad crossing) shall always have access to its driveway during construction. DVIN: This construction contract is 100% federally funded and there are no City of Fort Worth dollars in the construction contract. TxDOT set the Disadvantaged Business Enterprise (DBE) goal at 0% for this construction contract. The project is located in COUNCIL DISTRICT 11. A Form 1295 for the construction contract with McClendon Construction Company, Inc. is attached to this M&C. A Form 1295 for AFA Amendment No. 2 is not required because this amendment will be with a governmental entity, state agency, or public institution of higher education: State and TxDOT. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, in the Grants Capital Project State Fund and in the 2018 Bond Program Fund. The Transportation and Public Works Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. This is a State Advance grant. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 000515-1 ADDENDA Page 1 of 1 SECTION 00 05 15 ADDENDA END OF SECTION CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised July 1, 2011 0011 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road, City Project No. 104003 ("Project") will be received by the City of Fort Worth via the Procurement Portal https:Hfortworthtexas.bonfirehub.com/portal/?tab=oi)enOpportunities. under the respective Project until 2:00 P.M. CST, Thursday, May 9, 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: httl)s://fortworthtexas.bonfirehub.com/portal/?tab=ol)en0l)Dortunities 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 CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised 2/08/24 0011 13 INVITATION TO BIDDERS Page 2 of 3 Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. 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: paving, signing, and striping improvements for railroad crossing safety improvements. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre -qualified by the City and TxDOT 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=oDen0pportunities, 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 https://fortworthtexas.bonfirehub.com/portal/?tab=open0pportunities, under the respective Project. 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: April 30, 2024 TIME: 9:00 AM, CST 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. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised 2/08/24 0011 13 INVITATION TO BIDDERS Page 3 of 3 FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from bonds, grants and reserved by the City for the Project. ADVERTISEMENT DATES April 11, 2024 April 18, 2024 END OF SECTION CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised 2/08/24 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 10 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 4-.C€-jxl x additllJlw tk �-ms used ift theso TO T]IDDERE h\1 one o QWzoz?J.9-te-b-6 1,,111a oingular and r).ura! thereef , firm,, F , the . eFk , ffte l to under- the CefA ae! Pojunwnts. 1.2.2. Novr , fiVn2, ,oaff1pany, bid f6f peffofming the work fxI mnplated uader the Go + faet P,,etff epAs ,,,hose pFmxpal, p, a e f business : fiet i the Sta4e f Texas d&�F: 'T'lsr'.o::esx �e �rri.J� ci2 (or, th-_ banir, of Ct„'s e ,all t: r as her-e rafter- p :dod) n%0k 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 and TxDOT Specification 2L. 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:Hanns.fortworthtexas.2ov/Proi ectResources/ CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 17tt„s:/ ai3i3s f ..t..,,..tt,texas ,. .,/nfoieet esotffee/nesetffeesP/morn 0%'1n!`,.«��,-„,.+;..„0/_'1 nT1QC`iTt�`Y1lJ/f'`••'+•-•,,•+,•,-0%'1nD,-e,,,,..1; F;,...+; ,.,. /TD\1C70%'1nD....;,. ,. of 20CE)PA-aet.,«o%20P -eEiu lif4 ,atiE).il, 720 . 'A/NRE0UALIF1C A TWNoi 2ORE 0 UREMENTE%2n�nn of env A A 1NG-07i 20G0NT A CT0 e 3d 0 0 0 0 0 y- 20 raoi OPedest. iaw,i ° OUAL%2 - - - - 3.1.3. Water and Sanitary Sewer — Requirements document located at: https://apps.fortworthtexas. gov/ProjectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/Water%2Oand%2 OSanitarv%2OSewer%2OContractor%2OPrea_ualification%2OProe_ ram/WSS%20_nre aual%20reauirements.vdf 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 or TxDOT, 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. Refer to TxDOT Specification 2L for TxDOT prequalification requirements. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Is advised that, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award. 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 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. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.10. 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 o£ 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. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 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 CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 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 https://fortworthtexas.bonfirehub.com/portal/?tab=oljen0pportunities 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 h=s:Hfortworthtexas.bonfirehub.com/portal/?tab=oyenOpportunities 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 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. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 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. Ire ac ' has-geal r t ' L\n Y/aa�nass etAefpr-isesin City eefAfaet$ $100,nvv 000 of gr-eatef.See-Section 00 45 40 fef thethe Bidder- as non r-espeasive. Business Equity Or-dift 0 No.25165 10 2J'�, :—arse i to. 224534 11 htt»s Ced�'i'✓�Rr1, .io. i Y i .ao�i�, ., ri ii �o��i�.,r, �t t 0 0 0 22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents. 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. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 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. a3 a T aiffesi ent Bidder in the st 4e 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. 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal httl)s:Hfortworthtexas.bonfirehub.com/l)ortal/?tab=ol)en0nnortunities. 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 r-esei-,.es the right to award a eantraeVo vaoh Bidden 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. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Biddar iv an ixtereste paft . to any litigation against Git. , City or- Bidder- may hewe a elaim against the athef: of: be eagaged in litigation, Bidder- is in affear-s on any existing eei4faet or- has defaii1ted on . -Afae+ Bidder 1f-* orf Icd a piar o ae-t r as urf , P eddor has iffleempleted • e vilhich in the judgmef4 of the City will pr-even4 0 l o; the . 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. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder best ii#e..eg+-4 oftt.e r;�., 4-7-.6. Pw-jar.V. , the lowest bid s4mi#ed by a r-espensibleTexas Bidder- by the same afflatM4 that -a T— rx2w rjoident bidder- wouldbe re ,.va to . ~aa*/A a,,N.oanesidert u;aao � � business is leea4ed. 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 httns://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. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 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 FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104003 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) hftr)s://www.ethics.state.tx.us/data/forms/conflict/C[S.r)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: Q�k(z Title: PMS/,4< " END OF SECTION 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 port Worth, Texas 76102 FOR: I✓Y 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road City Project No.: 104003 Units/Sections: Base Bid 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents, 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road Revised 9/30/2021 CPN 104003 0041 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Distribution, Urban and Renewal, 12-inch and smaller 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 96 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 {andlor 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 uu 43 it e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road Revised 9/30/2021 CPN 104003 0041 00 BID FORM Page 3 of 3 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. Total Bid 7. Bid Submittal This Bid is submitted on 05/09/2024 Respectful s mitted, �TjI av, By: :� (Signature) Dan McClendon (Printed Name) Title: President 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 $891, 052.50 by the entity named below. (Receipt is acknowledged of the following Addenda: JAddendum No. 1: JAddendum No. 2: JAddendum No. 3: JAddendum No. 4: Corporate Seal: Initial CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road Revised 9/30/2021 CPN 104003 00 42 43 BID PROPOSAL Page 1 of 1 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information I Bidder's Proposal Unit 1 - Base Bid Bidlist Item TxDOT Bid TxDOT Unit of Bid No. Item No. Description Specification Measure Quantity Unit Price Bid Value Section No. 1 0105 6046 REMOVING STAB BASE & ASPH PAV (0"-10") 105 SY 1,080 $ 62.50 $ 67,500.00 2 0110 6001 EXCAVATION (ROADWAY) 110 CY 250 $ 147.50 $ 36,875.00 3 0132 6001 EMBANKMENT (FINAL)(ORD COMP)(TY A) 132 CY 600 $ 151.00 $ 90,600.00 4 0160 6005 FURNISHING AND PLACING TOPSOIL 160 CY 160 $ 50.00 $ 8,000.00 5 0169 6001 SOIL RETENTION BLANKETS (CL 1) (TY A) 169 SY 1,360 $ 9.00 $ 12,240.00 6 0247 6230 FL BS (CMP IN PLACE)(TY A GR 1-20") 247 SY 1,650 $ 77.00 $ 127,050.00 7 0310 6001 PRIME COAT (MULTI OPTION) 310 GAL 296 $ 11.00 $ 3,256.00 8 0427 6002 CONCRETE PAINT FINISH 427 SF 30 $ 27.00 $ 810.00 9 0479 6005 ADJUSTING MANHOLES (WATER VALVE BOX) 479 EA 1 $ 800.00 $ 800.00 10 0496 6043 REMOV STR (SMALL FENCE) 496 LF 254 $ 19.00 $ 4,826.00 11 0500 6001 MOBILIZATION 500 LS 1 $ 39,450.00 $ 39,450.00 12 0502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING 502 MO 6 $ 7,750.00 $ 46,500.00 13 0506 6040 BIODEG EROSN CONT LOGS (INSTL) (8") 506 LF 975 $ 4.00 $ 3,900.00 14 0506 6043 BIODEG EROSN CONT LOGS (REMOVE) 506 LF 975 $ 3.00 $ 2,925.00 15 0528 6002 COLORED TEXTURED CONC (6") 528 SY 22 $ 430.00 $ 9,460.00 16 0529 6008 CONC CURB & GUTTER (TY II0") 529 LF 115 $ 128.00 $ 14,720.00 17 0529 6008 CONC CURB & GUTTER (TY II0") 529 LF 420 $ 112.00 $ 47,040.00 18 0536 6006 CONC MEDIAN (MONO NOSE) 536 SY 2 $ 2,450.00 $ 4,900.00 19 0542 6001 REMOVE METAL BEAM GUARD FENCE 542 LF 65 $ 65.00 $ 4,225.00 20 0644 6001 IN SM RD SN SUP&AM TY10BWG(1)SA(P) 644 EA 4 $ 900.00 $ 3,600.00 21 0644 6075 RELOCATE SM RD SN SUP&AM(SIGN ONLY) 644 EA 1 $ 700.00 $ 700.00 22 0644 6076 REMOVE SM RD SN SUP&AM 644 EA 1 $ 300.00 $ 300.00 23 0666 6048 REFL PAV MRK TY I (W)24"(SLD)(100MIL) 666 LF 70 $ 60.00 $ 4,200.00 24 0666 6093 REFL PAV MRK TY I (W)(RR XING)(100MIL) 666 EA 2 $ 2,000.00 $ 4,000.00 25 0666 6174 REFL PAV MRK TY II (W) 6" (SLD) 666 LF 740 $ 0.50 $ 370.00 26 0666 6196 REFL PAV MRK TY II (W) (RR XING) 666 EA 2 $ 30.00 $ 60.00 27 0666 6210 REFL PAV MRK TY II (Y) 6" (SLD) 666 LF 900 $ 0.50 $ 450.00 28 0666 6214 REFL PAV MRK TY II (Y) 24" (SLD) 666 LF 70 $ 1.25 $ 87.50 29 0666 6309 RE PM W/RET REQ TY I (W)6"(SLD)(100MIL) 666 LF 740 $ 3.50 $ 2,590.00 30 0666 6321 RE PM W/RET REQ TY I (Y)6"(SLD)(100MIL) 666 LF 900 $ 3.50 $ 3,150.00 31 0672 6009 REFL PAV MRKR TY II -A -A 672 EA 7 $ 15.00 $ 105.00 32 0690 6069 INSTALL OF LUMINAIRE MAST ARMS 690 EA 3 $ 4,500.00 $ 13,500.00 33 0752 6005 TREE REMOVAL On - 12" DIA) 752 EA 19 $ 950.00 $ 18,050.00 34 0752 6006 TREE REMOVAL (12" - 18" DIA) 752 EA 7 $ 2,650.00 $ 18,550.00 35 0752 6007 TREE REMOVAL (18" - 24" DIA) 752 EA 1 $ 2,950.00 $ 2,950.00 36 3062 6001 TACK COAT 3062 GAL 444 $ 7.00 $ 3,108.00 37 3076 6001 D-GR HMA TY-B PG64-22 3076 TON 735 $ 175.00 $ 128,625.00 38 3076 6028 D-GR HMA TYC SAC -A PG70-28 3076 TON 165 $ 250.00 $ 41,250.00 39 5070 6001 STEEL FENCE (REMOVE) 5070 LF 235 $ 20.00 $ 4,700.00 40 5070 6002 STEEL FENCE (INSTALL) 5070 LF 235 $ 88.00 $ 20,680.00 41 6000 6039 INSTALL LUMINAIRE FIXTURE (LED) 6000 EA 3 $ 4,900.00 $ 14,700.00 42 6001 6001 PORTABLE CHANGEABLE MESSAGE SIGN 6001 DAY 90 $ 175.00 $ 15,750.00 43 7016 6046 FIRE HYDRANT RELOCATE & RECONNECT 7016 EA 1 $ 13,500.00 $ 13,500.00 44 7021 6057 UTILITY MARKERS 7021 LS 1 $ 1,000.00 $ 1,000.00 45 9606 6068 RAILROAD FLAGGERS 9606 DOL 50,000 $ 1.00 $ 50,000.00 Total Bid $891,052.50 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road Revised 9/30/2021 CPN 104003 BID BOND 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 as Principal, hereinafter called the Principal, and the Merchants Bonding Company (Mutual) of P.O. Box 14498, Des Moines, IA 50306-3498 , 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 sure of Five Percent of the Greatest Amount Bid by Principal Dollars ( 5% GABP ) , for the payment of which sure 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 PW FY 18 - Railroad Safety Improvements Trinity Railway Express at Haltom Road, CPN 104003 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 /f 28th day of March 2024 J Me nd Constructio apnpany (Sea]) rincipal Witness Title Witness I utual) Attorncy-in-Fact ,4" MERCH ANT 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 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 o bligations 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 . .. • •, MERCHANTS BONDING COMPANY (MUTUAL) 10144 �Q....... CQ A,� MERCHANTS NATIONAL BONDING, INC. l �+ ••�P�R �0+: � IQ 9 dlbla MERCHANTS NATIONAL INDEMNITY COMPANY v`y 2093 ;� : _� 1933 �; By '... ' •... ••'' t`.�'� ,•+a� • .. • .. • �.A .+ President STATE OF IOWA +''• ,J•'`� + �j +• 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. �v'A4�s Penni Miller D v Commission Number 787952, • • My Commission Expires toWA January 20, 2027 � •,., � i"����� b (Expiration of notary's commission does not invalidate this instrument) /Nola, 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. ,,BB In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this-74% i}ay of 0N44 •• ptN...C4,yjA, 2 2 �%- - . �• 1933 Secretary POA 00 18 (1/24) �''`•,�.,,,.,'!••...•\. MERCHANTS BONDING COMPANYT. MERCHANTS BONDING COMPANY P.O. BOX 14498 DES MOINES, IA 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: C'nn.�tlmPr PrntActinn MC- CO-CP. Taxac npr)artmPnt of InciiranrP "0 mtm i 1 + I1 1 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, tambien debe presentar una queja a traves del proceso de quejas o de apelaciones de su compania de Seguros o HMO. Si no to hate, podrfa perder su derecho para apelar. SUP 0032 TX (7123) Para obtener information o para presentar una queja ante su compania de seguros o HMO: Merchants Bonding Company Llame a: Compliance Officer al (800) 671-8171 Tel6fono gratuito: (800) 678-8171 Correo electronico: regulatory@merchantsbonding.com Direction 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 Direction postal: Consumer Protection, MC: CO-CP. Texas Department of Insurance. PO Box 12030, Austin. TX 78711-2030 SUP 0032 TX (7123) MERCHANT BONDING COMPANYTI 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 shall have the same force and effect as though manually 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) ,o • �a 5 b •� 1933 °a By: _ Larry Taylor, President Rios, Leonel From: Lisa Lawson <Ilawson@merchantsbonding.com> Sent: Tuesday, November 12, 2024 2:33 PM To: Rios, Leonel Subject: RE: Bond #101165093 Verification -McClendon Construction Company 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. Hello, Yes, this is a valid bond. The information below is correct. Thank youl Lisa Lawson I Sr. Contract Underwriting Account Specialist Merchants Bonding CompanyTM street 6700 Westown Parkway, West Des Moines, IA 50266-7754 mailing P.O. Box 14498, Des Moines, IA 50306-3498 direct (515) 558.8765 toll free (800) 678.8171 web www.merchantsbondine.com MERC.HANT7%� BONDING COMPANY COMMON SEN5E SURETY SINCE 1933�' From: Rios, Leonel<Leonel.Rios @fortworthtexas.gov> Sent: Tuesday, November 12, 2024 2:27 PM To: Lisa Lawson <Ilawson@merchantsbonding.com> Subject: Bond #101165093 Verification -McClendon Construction Company CAUTION:This email originated from outside of Merchants Bonding Company. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, The City of Fort Worth requires bond verification before a contract can be executed. We have received the following bonds from McClendon Construction Company, Inc.: Bond #101165093, in the amount of $891,052.50, issued by Merchants Bonding Company for City Project #104003, FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road. Please confirm that the bonds and corresponding amounts are valid so we can proceed with awarding the contract to McClendon Construction Company, Inc. Thank you, Leonel J. Rios Contract Compliance Specialist Transportation Public Works 0045 11 -1 BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. In addition to City prequalifications, the Contractor must be prequalified with TxDOT in accordance with TxDOT Specification 2L. To be considered for award of contract the Bidder must submit Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with the requirements below. The information must be submitted seven (7) days prior to the date of the opening of bids. Subcontractors must follow the same timelines as contractors 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. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxDermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised August 13, 2021 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised August 13, 2021 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised August 13, 2021 1 2 3 4 5 21 `J 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 004512-1 PREQUALIFICATION STATEMENT Page 1 of I 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 Prequalification Contractor/Subcontractor Company Name Type Expiration Date Water Distribution, Urban and R & D Burns Brothers Inc Renewal 12- inch and smaller 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 Co Inc By: Dan McClendon Company (Please Print) PO Box 999 Signature: Address Burleson, Texas 76097 Title: President City/State/Zip (Please Print) Date: 05/01/2024 END OF SECTION CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised September 30, 2021 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 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 TARRAR NT § By: Dan McClendon (Please Print) Signature: 2&�U66kv� 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 May 20 24 1st day of tte of Texas MISTY WEBB :Notary Public, State of Texas END OF SECTION Comm. Expires 01-09-2026 Notary ID 126838467 CITY OF FORT WORTH Park Vista Boulevard Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103281 Revised July 1, 2011 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 10/15/2024 , 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 Company, 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: FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road CPN 104003 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 Eight Hundred Ninety -One Thousand Fifty -Two and 50/100 Dollars ($891,052.50). 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 96 working 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 Five Hundred and 00/100 Dollars ($500.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 52 43 - 2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 3) Prequalification Statement 4) State and Federal documents b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond F Mai � zxc nvrmeiia-nC g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to overate and be effective even if it is alleged or proven that all or some of the damages being sought were caused. in whole or in vart. 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 FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 52 43 - 3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to overate and be effective even if it is alleged or Proven that all or some of the damages being sought were caused, in whole or in Part, by anv act, omission or negligence of the citv. 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 FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 52 43 - 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 FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 00 52 43 - 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: McClendon Construction Company, Inc. By: &"4A—UU� Signature Dan McClendon (Printed Name) President Title PO Box 999 Address Burleson, TX 76097 City/State/Zip Oct 31, 2024 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth By: C>9�1—� Jesica McEachem Assistant City Manager Dec 4, 2024 Date Attest: v°�'°°��� �e ddd,� o° 000*gip A-.�a�'3 °°nn nezASdp Jannette Goodall, City Secretary (Seal) M&C: 24-0894 Date: 10/15/2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Iskal Shrestha, P.E. Sr. Professional Engineer Approved as to Form and Legality: WM-11 Douglas Black (Dec 4, 202415:21 CST) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: ,f1&-7.,:..„. Lauren Prieur (Dec 4, 2024 07:32 CST) Lauren L. Prieur, Director, Transportation and Public Works Department CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 Bonn 9101165093 0061 13 - 1 PERFORMANCE BOND Page I of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, McClendon Construction Company, Inc., known as "Principal" herein and 8 Merchants Bondinq Companv [Mutual] , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Eight Hundred Ninety- 12 One Thousand Fifty -Two and 501100 Dollars ($891,052.50), lawful money of the United States, to 13 be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be 14 made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 15 severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City awarded 17 the 15th day of October , 2024, which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 19 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 20 provided for in said Contract designated as FY 2018 Railroad Safety Improvements Trinity 21 Railway Express at Haltom Road, CPN 104003. 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 24 perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in fall force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 5 instrument by duly authorized agents and officers on this the 30th day of October 6 . 2024. 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 AM - (Principal) (Principal) Secretary Witness as to Principal 33 34 16' 37 Witness as to Surety 38 39 PRINCIPAL: McCIeaononstmetion Company, Inc. BY:/( Signature aQlAf4l, PAO.1Z� Name and Title Address: PO Box 999 Burleson, Texas 76097 SURETY. Merchants Bonding C pany [Mutual] BY: Signatu%torn 11 Bett J. Re -in Y -eY -Fact Name and Title Address: PO Box 14498, Des Moines, IA 50306 Telephone Number: 210.697.2230 Email Address: breell(a_)acnsure.com 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 ERCHANTs�`, BONDING COMPANYr 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 or 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 Gareth Addison; Betty J Reeh; Bryan Kelly Moore; Colin E Conly; Debra Lee Moon; Elizabeth Ortiz; Emily Allison Mikeska; Faith Ann Hilly; John R Ward; Michael Donald Hendrickson; Monica Ruby Veazey; Patrick Thomas Coyle; Sandra Lee Roney; Thomas Douglas Moore; Troy Russell Key their true and lawful Attorneys) -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 April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "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 291h day of July 2024 - • tl.o •.. . •""• • MERCHANTS BONDING COMPANY (MUTUAL)(MUTUAL)11() 44 • MERCHANTS NATIONAL BONDING, INC. .•'.�pa • :�10 �4A . ��,•O�tPO,q�.9 d!b!a MERCHANTS NATIONAL INDEMNITY COMPANY v . 2003 :'� ' : y 1933 c: By '.� •........,�t�,0 •.•.� \1�% President STATE OF IOWA '•.• ,l*` •. COUNTY OF DALLAS ss. �!" """'* • • • On this 29th day of July 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. Penni Miller zPs Commission Number787952 * c• My Commission Expires ti4 i IOWA January 20, 2027 `-� .^- Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, 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. ,�,�r In Witness Whereof, l have hereunto set my hand and affixed the seal of the Companies on thi3A'day of 0406P_,,,-2_0ZL�J'� •..... .. P[10 NA,( •. %• Q�7tili C?*... :Z., 2003 ;� 1933 v.e; Secretary POA0018 (6124) "•''••••••'` '• •••• MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY P.O. Box 14498 DES MOINES, IA 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: ConstimPr Prntartinn Mc• C C]-C'P Texas I)Pnartment of Insurance jPnP i1naTr n nprprita avT Si tiene un problema con una reclamaci6n 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 ingl6s) pueda ayudar. Aun si usted presents una queja ante el Departamento de Seguros de Texas, tambi6n debe presentar una queja a trav6s del proceso de quejas o de apelaciones de su compania de Seguros o HMO. Si no to hate, podria perder su derecho pars apelar. SUP 0032 TX (7/23) Para obtener information 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 Direccion 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 Correa electronico: ConsumerProtection@tdi.texas.gov Direccion postal: Consumer Protection, MC: CO-CP, Texas Department of Insurance, PO Box 12030, Austin, TX 78711-2030 SUP 0032 TX (7/23) ,4" ERC ANT BONDING COMPANY,,. MERCHANTS BONDING COMPANY (MUTUAL) • P.O. BOX 14498 - DES MOINES, IOWA 30306-3498 PHONE: (800) 678-8171 - FAX: (515) 243-3854 ADDENDUM TO BOND This A ddendum 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 manual I fixed to the bond(s). A 1 I terms of the bond(s) remai n the same. S igned and effective March 23, 2020. MERCHANTS BONDING COMPANY (MUTUAL) By: ------------- --- ------------------- LarryTaylor, President Bond #101165093 0061 14 - 1 PAYMENT BOND Page 1 of2 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 Company, Inc., known as "Principal" herein, and 8 Merchants Bonding Company [Mutual] , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether 10 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 11 created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of 12 Eight Hundred Ninety -One Thousand Fifty -Two and 50/100 Dollars ($891,052.50), lawful money 13 of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which 14 sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 15 assigns, jointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 15th day of October —, 2024, which Contract is hereby referred to and made a 18 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and 19 other accessories as defined by law, in the prosecution of the Work as provided for in said Contract 20 and designated as FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom 21 Road, CPN 104003. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH FY 2018 Railroad Safety improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 8, 2023 0061 14 - 2 PAYMFNTBOND 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 30th day of 3 October , 2024. 4 5 6 7 8 9 10 11 12 ATTEST: Pri ' al) Beret Witness as to Principal ATTEST: (Surety) Secretary Witness as to Surety PRINCIPAL: McClen Construction Company, Inc. BY: Signature 10 V1 M Cleh-(a4 j pvosl�u7L Name and Title Address: PO Box 996 Burleson, TX 76028 SURETY: Merchant§ Bonding Co pany [Mutual] BY: SigiiTtture Betty J. F)&eh, Attorney -in -Fact Name and Title Address: PO Box 14498, Des Moines, IA 50306 Telephone Number: 210.697.2230 Email Address: breeh@acrisure.com Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH FY 2018 Railroad Safety improvements Trinity Railway Express at Haltom Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104003 Revised December 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, 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 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 Ruby 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 April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024, "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 a bligations 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 29th day of July 2024 +„nrrr ,,+` � •., � • • "' • •. MERCHANTS BONDING COMPANY (MUTUAL) ��\tG! •GQp. MERCHANTS NATIONAL BONDING, INC. p'l!.....AC •• .eQ'*� �o.•QQ1P0/�►9.9 dlbla MERCHANTS NATIONAL INDEMNITY COMPANY :ram„•►` 2003 : y; 1933 �' By ••. a.`• •'.'%�lir "" C� President STATE OF IOWA �•p s*� ♦� .• COUNTY OF DALLAS ss. •'•"�"`r'� �• On this 29th day of July 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.--- �, A,Q�lAts Penni Miller z Commission Number 787952 , - — • • Arty Commission Expires, p' 10VVP1 January 20, 2027 `-� - Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, 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. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on thiday of D A10IVg4 j�G.Cpl•• y .GORPOR9;•�oG�P©gq�yy�• t+il '~ 2003 :��; 1933 �: c; Secretary POA 0018 (6/24) ••'••r� ,,.••`� • • • q" _.MERCHANTS v BONDING COMPANYT. MERCHANTS BONDING COMPANY P.O. BOX 14498 DES MOINES, 1A 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 ProtPrtinn_ mr- cn-CP_ Taxa�artmPnt r)f In-m _,rancr�. PO Box 1 ?mn�Ai ictir� TX 78711-2030 jiPnP una nuPia n nPrPsita avtjna? Si tiene un problema con una reclamation 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, par su nombre en ingl6s) pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas, tambi6n debe presentar una queja a trav6s del proceso de quejas o de apelaciones de su compania de Seguros o HMO. Si no to hate, podria perder su derecho pars apelar. SUP 0032 TX (7123) Para obtener information o para presentar 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 Direction 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 Direction postal: Consumer Protection. MC: CO-CP, Texas Deoartment of Insurance, PO Box 12030, Austin, TX 78711-2030 SUP 0032 TX (7123) 'I" MERCHANTS BONDING COMPANY, 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 electroni c sea[ below shal l have the same force and effect as though manual [y fixed to the bond(s). A I I terms of the bond(s) rernai n the same. Signed and effective March 23, 2020. MERCHANTS BONDING COMPANY (MUTUAL) aaa Psa (Pn+ (c P 1933 °aip��r .. ••��'\ aP •aaP •°Pa Azlz,By=------------L-`���-------------------- LarryTaylor, 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 2010 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: a. 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. Additional Definitions i g 2. Aggregate Limits Per Location 7 3. Aggregate Limits Per Project 4. Bianket Contractual Liability — Railroads 6 3 5. Broadened Bodily Injury Coverage 10 6. Broadened Knowledge Of Occurrence g 7. Broadened Legal Liability Coverage For Landlord's Business Personal Property 7 8. Broadened Liability Coverage For Damage To Your Product And Your Work 10 9. Broadened Who Is An Insured 3 10. Co -Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers 4 rsee provision 9, Broadened Who Is An Insured, paragraph 2.a.(1)1 11. Contractual Liability — Personal And Advertising Injury 3 12, Damage To Premises Rented To You — Specific Perils and Increased Limit 7 13. Designated Completed Projects — Amended Limits of Insurance 11 14. Extended Notice Of Cancellation And Nonrenewai 8 15. Incidental Malpractice Liability I 6 16. Increased Medical Payments Limit I 7 17. Mobile Equipment Redefined 9 18. Nonowned Watercraft 3 19. Product Recall Expense 2 20. Property Damage Liability — Alienated Premises 2 j 21. Property Damage Liability — Elevators And Sidetrack Agreements 2 22. Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care, 2 Custody And Control Of The Insured 23. Reasonable Force — Bodily Injury or Property Damage 10 24. Supplementary Payments 3 25. Transfer Of Rights (Blanket Waiver Of Subrogation) 8 j 26. Unintentional Failure To Disclose Hazards 8 j 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. S. 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 0417 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)(8) 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; (ii) Supervisors; (till) Directors; or (iiv) 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 04 17 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 1. 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 L 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 04 17 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 11— 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, p>ovided 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 111 — 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-DroDelled vehicles of less than 1.000 nounds gross vehicle weight that are not designed for highway L min 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 04 17 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:j 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 1. 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 clown 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. 1. 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 7165 0911 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: that person or organization to be added as an "insured" under this policy or on a certificate of insurance; and 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 BEAD IT CAREFULLY, This endorsement modifies 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 prarnium forlhis endorsement is $ 92150.00 d. Any organization you Newly acquire or form, other than a partnership, joint venture or limited (lability company, and aver which you maintain ownership ora majority interest, will qualify 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 "accidents 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 "employee" of yours using. (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "erployee" 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 rented unclar a contract or agreement to that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your 'employes" dries not qualify as an Insured [order this paragraph (2) while using a covered auto" rented from you or from any member of the "employee's" household, f. Your members, if you are a I1mIted liability company, while using a covered "auto" you do not own, hire or borrow and while performing duties related to the conduct of your business or your personal affairs. This provision does not apply: (1) Unless the written contractor agreement Is executed or the permit Is Issued prior to the "bodily Injury" or "pmperty dan►age"; (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 Incl udes copyrighted material of Insurance Services cWca, Inc. CA 711811 d9 Page I of 5 (e) 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 organizationor subsidiary In which you own more than 50% of the voting stock on the effective date of this endorsement. This provision does not apply to "bodily Injury" or "property damage" for which an "insured" is also an Insured under any other automobile policy or would be an Insured under such a policy, but fur Its termination or the exhaustion of its limits of Insurance, unless such policy was written to apply specifically In excess of this policy. 2. COVERAGE EXTENSIONS -SUPPLEMENTARY PAYMENTS Under Section 11- 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 ball bonds (including bonds for related traffic law violations) required because of an "acoldent" we cover. We do not have to furnish these bonds. (4) Ail reasonable expenses Inaumed by the "Insufad" at our request, including actual loss of earnings up to $500 a day because of ti me off from work, 3. AMENDED FELLOW EMPLOYEE EXCLUSION UnderSECTION II - LIABILITY COVERAGE, B. EXCLUSIONS, paragraph & Fellow Employee Is deleted and replaced bythe foffowing: S. Follow Employee "Bodily Inf ury" to: a. Any fellow "employes" 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 applyto your "employees"that are offlaers, managers, supervisors or above, Coverage Is excess over any other collectible Insurance, b. The spouse, child, parent, brother or sister of that fellow "employea" as ar consequence of paragraph a. above. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION fill - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: Ifany of 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, under your name or the "employee's" name, far the purpose of doing your work, We will provide coverage equal to the broadest physical damage coveraga applicable to any covered "auto" shown In the Declarations, [tern Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. S. Under SECTION III -PHYSICAL DAMAGE COVERAGE, AA. 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 pay expenses for which an "insured" becomes legally responsible to pay for foss 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 Declarations indicate that Comprehensive Coverage Is provided for any covered "auto"; Includes copyrighted material of Insurance Services Office, Inc, Rage 2 of 5 CA 711811109 (2) Specified Causes of Loss, only If the Declarations indleate that Specified Causes Of Loss Coverage Is provided frrrany covered "auto", or (3) Collision, only if Declarations Indicate that Collision Coverage is provided for anycovered "auto". However, the mostwe 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 by the following: b. For Hired Auto Physical Damage, the Fol lowing are deemed,to be covered "autos" you own: 1. Anycovered "auto" you lease, hire, rent or borrow; and 2 Any covered "auto" hived or rented by your'employaes" 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 (ff you are a partnership), members (If you are a limited liabilftycompany), or members of their households, S. LOAN OR LEASE GAP COVERAGE Under SECTION ill •-- 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 dare on the lease or loan fora covered "auto", less: (a) The amount pald under the Physical Damage Section of the policy, and: (b) Any: ('i) Overduo lease or Ivan payments Including penalties, Interest or other charges resulll ng from overdue payments at the time of the "loss", (2) Financial penalties Imposed under a lease far excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Instance, Health, Accident or Dlsabllity 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 Under SECTION Ili - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, paragraph a. . Trweportation Expenses is deleted and replaced by the following - a. Transportation Expenses (1) We will pay up to $75 per dayto a maximum of $2,000 for transportation expense Incurred by you because of covered "loss". We +,vial pay only for those covered "autos" for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of inss 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 payfur 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 71 IS 1109 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 Ill -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 byother "loss° thatis covered bythls insurance: (1) Wear and tear, treezing, mechanical orelectrlrai breakdown. However, this exclusion does not Include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. 5. GLASS REPAIR —WAIVER OF DEDUCTIBLE Section III —PHYSICAL- DAMAGE COVERAGE, D. Deductible Is amended to add the following: No deductible applies to glass damage If the glass Is repaired rather than 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 detaWl and replaced by the following: a. You must see to It thetwe are notlfled as soon as practicable of an "accident", claim, "suit" or "loss". Knowledge of an "accident", claim, "suit 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 area limited iiabllitycompany) has knowledge of the `accident", claim, "suit" or "lose". 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. Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss CondMons paragraph 5. Transfer Of Rights Of Recovery Against ethers To Us Is deleted and replaced by the fotlowing: 3 Transfer Of Rights Of Recovery Against Others To Us If any person or organization to orfor whom we make payment underthis Cove rage 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 after "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, sublect to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. Ind udes copyrighted material of insurance Services Oftlre, Inc. Page 4 of 5 CA 71181109 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS, B. General Condfik ns , paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Form 9 you unintentionally fall to disclose all hazards existing as of the inception date of this policy. You must report to us any knowladge of an error or omisslon In your representations as soon as practicable after Its discovery. This provision does not affect lour right to collect additional premium or exerdse our right of cancellation or non -renewal. -- - - ; When required by written contract or wrllten agreement, the def3nitlon of "Insured contract" is amended as follows: The exception contained In paragraph 11-1.3. rr lallrtg to construction or demolition operations on or within 50 feet of a railroad; and Paragraph I-I.a, 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 IS 1109 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 WC 42 03 04 B (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. Number of Rays Notice 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 clays 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. 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. Nonrenewai; 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 Signature: pAh-c;fw� L• Week Patricia L. Wadsack (Dec 3, 202415:41 CST) Email: patricia.wadsack@fortworthtexas.gov FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: FY 2018 Railroad Safety Improvements Trinity Railway Express at Haltom Road M&C: 24-0894 CPN: 104003 CSO: Date: 12/02/24 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 TPW Approver PLW TPW-Signer Signed in Agiloft Legal -Approver � Legal -Signer ACM -Signer °" CSCO-Approver R CSCO-Signer CSCO-Form Filler - TPW DOCM Date Out 12/02/24 12/03/24 12/04/24 12/04/24 12/04/24 12/05/24 12/05/24 Dec 6, 2024 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 uired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to general conditions & specifications ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts a@fortworthtexas.ggv for pickup when complete. Call eat. 7233 or eat. 8363 with questions. Thank you! FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: FY 2018 Railroad Safetv Improvements Trinitv Railwav ExaresE M&C: 24-0894 CPN: 104003 CSO: DOC#: Date: 10/29/24 To: Name Department Initials Date Out 1. Dan McClendon Vendor -Signer DM DO 10/31/24 2. Iskal Shrestha TPW-Signer --IL 10/31/24 3. Leonel Rios TPW-Review LR 10/31/24 4. 5. 6. 7 8 9 10. CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(&,fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!