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Home My WebLink AboutContract 62924CONTRACT FOR THE CONSTRUCTION OF City Project No. 103312 Mattie Parker David Cooke Mayor City Manager Chris Harder Director, Water Department Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2024 Adopted September 2011 City of Fort Worth Standard Construction Specification Documents 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised June 7, 2024 CPN 103312 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 00 05 10 Mayor and Council Communication 07/01/2011 00 05 15 Addenda 07/01/2011 00 11 13 Invitation to Bidders 02/08/2024 00 21 13 Instructions to Bidders 01/17/2024 00 35 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 00 43 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 00 45 11 Bidders Prequalifications 08/13/2011 00 45 12 Prequalification Statement 09/30/2021 00 45 13 Prequalification Application 08/13/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 06/07/2024 00 52 43 Agreement 3/08/2024 00 61 13 Performance Bond 12/08/2023 00 61 14 Payment Bond 12/08/2023 00 61 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/08/2024 00 73 00 Supplementary Conditions 03/08/2024 Division 01 - General Requirements Last Revised 01 11 00 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 01 32 16 Construction Schedule 10/06/2023 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised June 7, 2024 CPN 103312 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project Contract Documents Division 02 - Existing Conditions Date Modified 02 41 13 Selective Site Demolition 02 41 14 Utility Removal/Abandonment 02 41 15 Paving Removal Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 26 05 10 Demolition for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 32 01 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 11 37 Liquid Treated Soil Stabilizer 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 14 16 Brick Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 17 23 Pavement Markings 32 17 25 Curb Address Painting 32 31 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 32 32 13 Cast-in-Place Concrete Retaining Walls 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised June 7, 2024 CPN 103312 32 91 19 Topsoil Placement and Finishing of Parkways 32 92 13 Sodding 32 92 14 Non-Native Seeding 32 92 15 Native Grass and Wildflower Seeding 32 93 43 Trees and Shrubs 8/29/2024 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33 05 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings-Cast Iron 33 05 13.01 Frame, Cover and Grade Rings-Composite 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 8/15/2024 33 05 16 Concrete Water Vaults 33 05 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 05 Bolts, Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 33 12 20 Resilient Seated Gate Valve 33 12 21 AWWA Rubber-Seated Butterfly Valves 33 12 25 Connection to Existing Water Mains 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 33 12 40 Fire Hydrants 33 12 50 Water Sample Stations 33 12 60 Standard Blow-off Valve Assembly 33 31 12 Cured in Place Pipe (CIPP) 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised June 7, 2024 CPN 103312 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 33 31 22 Sanitary Sewer Slip Lining 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 33 39 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber (WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 33 41 12 Reinforced Polyethylene (SRPE) Pipe 33 41 13 Polypropylene Pipe for Storm Drain 33 46 00 Subdrainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 34 41 10 Traffic Signals 34 41 10.01 Attachment A Controller Cabinet 34 41 10.02 Attachment B Controller Specification 34 41 10.03 Attachment C Software Specification 34 41 11 Temporary Traffic Signals 34 41 13 Removing Traffic Signals 34 41 15 Rectangular Rapid Flashing Beacon 34 41 16 Pedestrian Hybrid Signal 34 41 20 Roadway Illumination Assemblies 34 41 20.01 Arterial LED Roadway Luminaires 34 41 20.02 Freeway LED Roadway Luminaires 34 41 20.03 Residential LED Roadway Luminaires 34 41 30 Aluminum Signs 34 71 13 Traffic Control Technical Specifications listed below are included for this Project by reference and can be viewed/website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 8 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised June 7, 2024 CPN 103312 Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 03/11/2022 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 03/11/2022 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 03/11/2022 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 00 00 Site Clearing 03/22/2021 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 04/29/2021 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 06/10/2022 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 6/07/2024 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 06/10/2022 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2022 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 14 16 Brick Unit Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 12/09/2022 32 17 23 Pavement Markings 06/10/2022 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 32 92 13 Sodding 05/13/2021 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 8 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised June 7, 2024 CPN 103312 32 92 14 Non-Native Seeding 05/13/2021 32 92 15 Native Grass and Wildflower Seeding 10/06/2023 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 09/07/2018 33 01 31 Closed Circuit Television (CCTV) Inspection Sanitary Sewer 03/11/2022 33 01 32 Closed Circuit Television (CCTV) Inspection Storm Drain 12/08/2023 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Pipes 03/11/2022 33 05 10 Utility Trench Excavation, Embedment, and Backfill 04/02/2021 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings 09/09/2022 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 03/11/2022 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 03/11/2022 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 12/09/2022 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/09/2022 33 11 11 Ductile Iron Fittings 09/20/2017 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 09/09/2022 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 05/06/2015 33 12 21 AWWA Rubber-Seated Butterfly Valves 04/23/2019 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 04/23/2019 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 09/09/2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 8 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised June 7, 2024 CPN 103312 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Liners for Sanitary Sewer Structures 04/29/2021 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethylene (SRPE) Pipe 11/13/2015 33 41 13 Polypropylene Pipe for Storm Drain 06/10/2022 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 03/11/2022 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 03/11/2022 34 41 10.01 Attachment A Controller Cabinet 12/18/2015 34 41 10.02 Attachment B Controller Specification 02/2012 34 41 10.03 Attachment C Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 03/11/2022 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 03/22/2021 Appendix GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION City of Fort Worth, Mayor and DATE: 01 /28/25 Texas Council Communication M&C FILE NUMBER: M&C 25-0090 LOG NAME: 20SOUTH HULEN STREET AT WEST RISINGER ROAD CONSTRUCTION SUBJECT (CD 6) Authorize Execution of a Contract with McClendon Construction Company, Inc., in the Amount of $2,092,822.65 for Construction of the South Hulen Street at West Risinger Road Intersection Improvement Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with McClendon Construction Company, Inc., in the amount of $2,092,822.65 for construction of the South Hulen Street at West Risinger Road Intersection Improvement project (City Project No. 103312). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a construction contract with McClendon Construction Company, Inc., in the amount of $2,092,822.65 for the construction of the South Hulen Street at West Risinger Road intersection improvement project (City Project No. 103312). The scope includes a traffic signal rebuild, intersection improvements including construction of an additional westbound left turn lane and a channelized northbound right turn lane, median modifications, accessible pedestrian signals (APS), and Americans with Disabilities Act (ADA) ramps. The project was advertised for bid on October 23, 2024, and October 30, 2024, in the Fort Worth Star-Telegram. On November 21, 2024, the following bids were received: Bidder icClendon Construction Company, Inc. IT Paving and Construction Inc. & Winn, Inc. i, LLC Amount $2,092,822.65 $2,293,016.00 $2,429,567.50 $2,497,236.00 Construction is anticipated to start in May 2025 and be completed by August 2026. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25765-08-2022) provides liquidity to support the appropriation. Available resources will be used to make any interim progress payments until the debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Funding is budgeted in the 2022 Bond Program and Transportation Impact Fee Cap Funds for the Transportation & Public Works Department for the purpose of funding the South Hulen Street at West Risinger Road project, as appropriated. The Business Equity Division placed a 12.01 % business equity goal on this solicitation/contract. McClendon Construction Company, Inc. will be exceeding the goal at 12.28%, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program and Transportation Impact Fee Cap Funds for the S Hulen St at W Risinger Rd project to support approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office bk Jesica McEachern 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 CITY OF FORT WORTH Transportation and Public Works S Hulen Street & W Risinger Road Intersection Improvements City Project No. 103312 ADDENDUM NO. 1 ADDENDUM RELEASE DATE: November 14t", 2024 BID RECEIPT DATE: November 21St, 2024 INFORMATION TO BIDDERS: This Addendum forms part of the Plans, Contract Documents & Specifications for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below, and in the proposal (SECTION 00 41 00). Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The plans and specification documents for S Hulen Street & W Risinger Road Intersection Improvements, City Project No. 103312 are hereby revised by Addendum No. 1 as follows: 1. Online question submission was available via bonfire through November 11t" at 2:00 PM. A summary of questions is provided below: � Question 1: What is the anticipated start date for this project? • Response 1: Approximately 3-6 months after Bid Opening. 2. A pre-bid meeting took place on November 11t", 2024, and the following questions were presented at the meeting. • Question 2: Where is the detail located for the 4" Integral Colored & Textured Median Concrete? � Response 2: The detail for 4" Integral Colored & Textured Median Concrete has been added to plan sheet (C0.05). • Question 3: Where is the relation of Chisolm Trail Park found on sheet L1.01 for this project? Furthermore, the aerial overview of Chisolm Trail Park on sheet L1.01 does not match with what is shown on Google Earth. Please confirm. • Response 3: Chisolm Trail Park will be the destination of newly planted trees to satisfy the PARD mitigation plan of removing existing trees within the project limits. The landscape architect has utilized DFW Maps for their aerial overview of Chisholm Trail Park, which includes park improvements not captured by Google Earth. The updated map can be found at https://www.dfwmaps.com/ using the 2023 Aerial Photography filter. The Park is located at the northeast corner of Summer Creek Dr and McPherson Blvd. • Question 4: Bid items 95 and 97 are the same. Are you going with the assembly or the pole arm? CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD IN"I'ERSECTION IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103312 Revised September 14, 2022 • Response 4: Bid Item 97: 3441.3352 Furnish/Install Illum TY 18 Pole will be removed and Bid Item 95: 3441.3003 Rdwy Illum Assembly TY 18, 18A, 19, and D-40 will remain. The unit cost of the pole is to be included in the bid price of 3441.3003 Rdwy Illum Assembly TY 18, 18A, 19, and D-40. � Question 6: The COFW details found on C5.07 through C5.10 are missing information regarding reinforcing steel. • Response 6: Plan sheets C5.07 through C5.10 are reissued as part of this Addendum and include the reinforcing requirements. � Question 7: Plan sheet C1.21 required a modified concrete collar. Please provide information and details regarding this collar. � Response 7: The proposed modified concrete collar for the existing 4' manhole on Plan sheet C1.21 is no longer required. Plan sheet C1.21 is reissued with this Addendum. � Question 8: Please describe scope of work related to Bid Item 4: Remove Misc Conc Structure. � Response 8: The scope of work for Bid Item 4: Remove Misc Conc Structure is limited to the removal of the existing cone section at the existing 4' manhole found on W Risinger Road, located on demolition sheet C1.17. • Question 9: Can the deadline for questions be extended by a few days? • Response 9: The deadline for questions will not be extended. • Question 10: Where are the details for the expansion and contraction joints in the plans? � Response 10: The COFW details for expansion and contraction joints have been inserted into the plan set and are issued with this Addendum as C5.09 and C5.11, respectively. • Question 11: Is the quantification of C-2 ramps on sheets 1.31 and 1.32 respectively to be set as 2 or 3 ramps? How many will be paid for? • Response 11: The quantification of C-2 ramps on both sheets 1.31 and 1.32 respectively will be quantified and paid as 2 ramps per sheet, 4 in total. CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD IN"I'ERSECTION IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103312 Revised September 14, 2022 3. Modifications/Clarifications to plans and contract documents: • Plan sheet C0.02 (Sheet Index) is reissued as part of Addendum 1 and has been modified to include the new detail sheets (Expansion Construction Joint, Contraction Construction Joint, and Sawed Joint) located at C5.09, C5.11, and C5.12, respectively. • Plan sheet C0.05 (General Notes 3 of 3) is reissued as part of Addendum 1 and has been modified to include the `4" Integral Colored & Textured Median Concrete' (Detail 1) and `Type C-1 Modified Curb Ramp' (Detail 2). • Plan sheet C0.07 (Quantity Summary) is reissued as part of Addendum 1 and has been modified to reflect the removal of Bid Item 40 (3305.3312 Concrete Collar for Manhole) and Bid Item 97 (3441.3552 Furnish/Install Illum Ty 18 Pole). • Plan sheet C1.21 is reissued as part of Addendum 1 and has been modified to reflect removal of Bid Item 40 (3305.3312 Concrete Collar for Manhole). • Plan sheets C5.07 through C5.13 (Paving Details) are reissued as part of Addendum 1 and have been modified to include information for joint & reinforcing steel size/spacing. � Proposal Form (00 42 43) (Bidder's Application) within the Contract Manual is reissued as part of Addendum 1 to remove Bid Item 40 and Bid Item 97, and to address general formatting issues. � Three new detail sheets (Expansion Construction Joint, Contraction Construction Joint, and Sawed Joint) have been added to the plan set, as sheet numbers C5.09, C5.11, and C5.12, respectively. • Bid Item 40 - 3305.0114 Manhole Adjustment, Major w/ Cover (as renumbered on the revised Proposal Form, as part of Addendum 1) is to include the installation of eccentric cone section as noted on Sheet C1.17. • Plan sheets C5.13 through C5.54 have been renumbered to reflect the addition of three new detail sheets, C5.09, C5.11, and C5.12. The renumbered sheets are not reissued as part of this Addendum. However, the subject sheets will be correctly numbered as part of the Conformed Plans issued to the successful bidder. This Addendum No. 1 forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Project Manual & Contract Documents of the same. A signed copy of Addendum No. 1 should be included in the sealed bid at the time of bid submittal. Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. Addendum No. 1 RECEIPT ACKNOWLEDGEMENT: B : � Y Company: McClendon Const Co Inc Address: PO Box 999 �� K�� BV� Fanta Ka6a (Nov 14, J_0241)'48 CST) � Fanta Kaba, P.E., PTOE Project Manager, TPW City: Burleson State: Texas CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 14, 2022 S Hi_1f.EN STREET & W RISINGER ROAD INTERSECTION IMPROVEMENTS CPN 103312 00 42 43 BID PROPOSAL Page 1 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Infomialion Bidder's Proposal Bid List Description Specification Unit of Bid Unit Price Bid Value Item No. SecUon No. Measwe Quantiry Unit 1 - Paving Improvements 1 170.0100 Mobilization O1 70 00 LS 1 2 241.0100 Remove Sidewalk 02 41 13 SF 1470 3 241.0300 Remove ADA Ramp 02 41 13 EA 6 4 241.0900 Remove Misc Conc Structure 02 41 13 LS 1 5 241.1300 Remove Conc Curb & Gutter 02 41 15 LF 1758 6 3110.0101 Site Clearin 31 10 00 LS 1 7 3110.0102 6"-12" Tree Removal 31 10 00 EA 3 8 3110.0103 12"-18" Tree Removal 31 10 00 EA 4 9 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 2518 10 3125.0101 SWPPP >_ 1 acre 31 25 00 LS 1 1 1 3211.0313 8" Flexible Base, Type D, GR-1 32 11 23 SY 3246 12 3213.0106 11" Conc Pvmt 32 13 13 SY 2859 13 3213.0301 4" Conc Sidewalk 32 13 20 SF 838 14 3213.0504 Barrier Free Ramp, Type M-2 32 13 20 EA 3 15 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 5 16 3213.0509 Barrier Free Ram , Ty e G2 32 13 20 EA 4 17 3216.0101 6" Conc Curb and G�itter 32 16 13 LF 96 18 3217.0101 6" SLD Pvmt Markin HAS (W) 32 17 23 LF 2377 19 3217.0102 6" SLD Pvmt Marking HAS (Y) 32 17 23 LF 2827 20 3217.0103 6" BRK Pvmt Marldn HAS (W) 32 17 23 LF 630 21 3217.0104 6" DOT Pvmt Marking HAS (W) 32 17 23 LF 44 22 3217.0201 8" SLD Pvmt Markin HAS (W) 32 17 23 LF 739 23 3217.0401 18" SLD Pvmt Markin HAE (W) 32 17 23 LF 850 24 3217.0501 24" SLD Pvmt Marl:in HAE W) 32 17 23 LF 181 25 3217.0502 Preformed Thermoplastic Contrast Markings - 24" 32 17 23 LF 620 Crosswalk 26 3217.1002 Lane Legend Arrow 32 17 23 EA 14 27 3217.1004 Lane Le end Onl 32 17 23 EA 14 28 3217.1016 Preformed Thermoplastic Contrast Markings - Legend Yield 32 17 23 EA 27 S mbol 29 32172104 REFL Raised Marker TY II-C-R 32 17 23 EA 140 30 3217.4302 Remove 6" Pvmt Markin 32 17 23 LF 560 31 3217.4303 Remove 8" Pvmt Marl;ing 32 17 23 LF 865 32 3217.4306 Remove 24" Pvmt Markin 32 17 23 LF 150 33 3217.4307 Remove Raised Marker 32 17 23 EA 87 34 3291.0100 To soil 32 91 19 CY 379 35 3292.0100 Block Sod Placement 32 92 13 SY 2255 36 3293.0103 Plant 3° Tree 32 93 43 EA 7 37 3471.0001 Traf�ic Control 34 71 13 MO 6 Sub-Total Unit 1- Paving Improvements Unit 2 - Water Improvements 38 3305.011 1 Valve Box Ad ustment 33 05 14 EA 1 39 3305.01 17 Concrete Collar for Valve 33 OS 17 EA 1 Sub-Total Unit 2- Water Improvements Unit 3- Sanitary Sewer Improvements 40 3305.0114 Manhole Ad�ustment Ma�or w/Cover 33 05 14 EA � Sub-Total Unit 3- Sanitary Sewer Improvements CITY OF FORT WORTH S HULEN STREET W& RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised 9/30/2021 CPN 103312 00 42 43 BID PROPOSAL Page 2 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bid List Description Specificahon Unit of Bid Unit Price Bid Value Item No. Secrion No. Measwe Quanhry Unit 4- Traffic Signal Improvements 41 34411001 Furnish/Install 3-Sect Si nal Head Assembl 34 41 10 EA 8 42 34411002 Furnish/Install 4-Sect Si nal Head Assembl 34 41 10 EA 5 43 34411012 Furnish/Tnstall Ped Si nal Head Assmbl 34 41 10 EA 8 44 34411031 Furnish/Install Audible Pedestrian Pushbutton Station 34 41 10 EA 8 45 34411209 Furnish/Install BBU S�stem EXT Mounted 34 41 10 EA 1 46 34411215 Furnish/Install H brid Detection Device 34 41 10 APR 4 47 34411220 Furnish/Install Model 711 Preem tion Detector 34 41 10 EA 4 48 34411224 Furnish/Install Preem tion Cable 34 41 10 LF 1000 49 34411250 Furnish/Install PTZ Camera 34 41 10 EA 1 50 34411255 Furnish/Install Communication Modem 34 41 10 EA 1 51 34411260 Furnish/Install CATS F,thcrnct Cable 34 41 10 LF 1195 52 34411311 5/C 14 AWG Multi-Conductor Cable 34 41 10 LF 1070 53 34411312 7/C 14 AWG Multi-Conductor Cable 34 41 10 LF 695 54 34411315 20/C 14 AWG Multi-Conductor Cable 34 41 10 LF 1070 55 34411322 3/C 14 AWG Multi-Conductor Cable 34 41 10 LF 1640 56 34411408 NO 6 Insulated Elec Condr 34 41 10 LF 15 57 34411410 NO 10 Insulated Elec Condr 34 41 10 LF 2200 58 34411414 NO 8 Bare Elec Condr 34 41 10 LF 1085 59 34411503 Furnish/Install Ground Box T e D, w/A ron 34 41 10 EA 9 60 34411506 Furnish/Install Ground Box T e D 34 41 10 EA 1 61 34411603 Furnish/Install 10' - 20' Ped Pole Assmbly 34 41 10 EA 5 62 34411611 Furnish/Install T e 41 Si nal Pole 34 41 10 EA 2 63 3441.1613 Furnish/Install T e 43 Si nal Pole 34 41 10 EA 1 64 3441.1614 Furnish/Install T e 44 Si nal Pole 34 41 10 EA 1 65 3441.1615 Furnish/Install T e 45 Si nal Pole 34 41 10 EA 2 66 3441.1623 Furnish/Install Mast Arm 16' - 36' 34 41 10 EA 2 67 3441.1624 Furnish/Install Mast Arm 40' - 48' 34 41 10 EA 2 68 3441.1625 Furnish/Install Mast Arm 52' - 60' 34 41 10 EA 2 69 3441.1701 TY 1 Si nal Foundation 34 41 10 EA 5 70 3441.1703 TY 3 Si nal Foundation 34 41 10 EA 2 71 3441.1704 TY 4 Si nal Foundation 34 41 10 EA 2 72 3441.1705 TY 5 Si nal Foundation 34 41 10 EA 2 73 3441.1715 Si nal Cabinet Foundation - 352i & BBU 34 41 10 EA 1 74 3441.1725 Furnish/Install ATC Si nal Controller 34 41 10 EA 1 75 3441.1741 Furnish/Install 352i Controller Cabinet Assembl 34 41 10 EA 1 76 34412001 Dis ose/Salva e Trafi�ic Si nal 34 41 13 EA 1 �� 34413051 Furnish/Install LED Lighting Fixture (137 watt ATB2 Cobra 34 41 20 EA 19 Head) 78 3441.4001 Furnish/Install Alum Si n Mast Arm Mount 34 41 30 EA 10 79 3441.4003 Furnish/Install Alum Si n Ground Mount Cit Std. 34 41 30 EA 15 80 3441.4110 Remove and Reinstall Si n Panel and Post 34 41 30 EA 2 81 3441.9999 Remove Mast Arm Si n 34 41 10 EA 4 Sub-Total Unit 4- Traffic Signal Improvements Unit 5 - Electrical Improvements 82 2605.0111 Furnish/Install Elec Sery Pedestal 26 OS 00 EA 1 83 2605.0131 Salva e Electrical E ui ment 26 OS 10 LS 1 84 26053015 2" CONDT PVC SCH 80 T) 26 OS 33 LF 767 85 26053016 2" CONDT PVC SCH 80 B) 26 OS 33 LF 600 86 26053025 3" CONDT PVC SCH 80 T) 26 OS 33 LF 130 87 26053033 4" CONDT PVC SCH 80 T) 26 OS 33 LF 70 88 26053034 4" CONDT PVC SCH 80 B) 26 OS 33 LF 775 89 3441.1405 NO 2 Insulated Elec Condr 34 41 10 LF 1875 90 3441.1430 Install Conductor Cable 34 41 10 LF 1875 CITY OF FORT WORTH S HULEN STREET W& RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Recised 9/30/2021 CPN 103312 00 42 43 BID PROPOSAL Page 3 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bid List Description Specificahon Unit of Bid Unit Price Bid Value Item No. Secrion No. Measwe Quanhry 91 3441.1501 Furnish/Install Ground Box T e B 34 41 10 EA 1� 92 3441.1507 Remove Ground Box 34 41 13 EA 7 93 3441.1645 Furnish/Install T e 33A Arm 34 41 20 EA 14 94 34413003 Rdw Illum Assmbl TY 18,18A,19, and D-40 34 41 20 EA 7 95 34413302 Rdw Illum Foundation TY 3,5,6, and 8 34 41 20 EA 7 96 34413501 Salva e Street Li ht Pole 34 41 20 EA 7 Sub-Total Unit 5- Electrical Improvements Non-Standard Items 97 9999.0001 Tree Protection 31 10 00 EA 1 98 9999.0002 4" Inte ral Colored & Textured Median Concrete TxDOT Item 528 SY 163 99 9999.0003 Modified Barrier Free Ram , T e G1 32 13 20 EA 1 100 9999.0004 Construction Allowance 00 00 00 LS L 240,000.00 $240,000.00 Sub-Total - 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CST, Thursday, NOVEMBER 21ST, 2024. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST at Fort Worth City Hall, 100 Fort Worth Trail, Fort Worth, Texas, Mezzanine, Room CH_MZ10_12. date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities 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 https://vendorsupport.gobonfire.com/hc/en- us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. 00 11 13 INVITATION TO BIDDERS Page 2 of 3 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised 2/08/24 CPN 103312 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: improve capacity of intersection by: Median work to relocate all left turn lanes to create zero offset, construct NB right turn lane and channelized island, upgrade traffic signals, detection, and communications, upgrade pedestrian signals, upgrade pedestrian ramps for ADA compliance, signing, striping, and utility adjustments. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre-qualified by the City at the time of bid opening. The procedures for qualification and pre-qualification are outlined in the Section 3 of 00 21 13 INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities, 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 under the Intent to Bid section. All Addenda will be posted in the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities, 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: Monday, November 11th, 2024 TIME: 9:00 AM 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. 00 11 13 INVITATION TO BIDDERS Page 3 of 3 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised 2/08/24 CPN 103312 AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. ADVERTISEMENT DATES Wednesday, October 23rd, 2024 Wednesday, October 30th, 2024 END OF SECTION 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised/Updated 1/17/24 CPN 103312 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1.Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2.City and Engineer in making electronic Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1.Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre-qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all https://apps.fortworthtexas.gov/ProjectResources/ 00 21 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised/Updated 1/17/24 CPN 103312 3.1.1. Paving Requirements document located at: https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving %20Contractor%20Prequalification%20Program/PREQUALIFICATION%20REQ UIREMENTS%20FOR%20PAVING%20CONTRACTORS.pdf 3.1.2. Roadway and Pedestrian Lighting Requirements document located at: https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Roadwa y%20and%20Pedestrian%20Lighting%20Prequalification%20Program/STREET% 20LIGHT%20PREQUAL%20REQMNTS.pdf 3.1.3. Water and Sanitary Sewer Requirements document located at: https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/Water%20and%2 0Sanitary%20Sewer%20Contractor%20Prequalification%20Program/WSS%20pre qual%20requirements.pdf 3.2.Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1.Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within 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. 3.5.Special qualifications required for this project include the following: No special qualifications are required for this project. 00 21 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised/Updated 1/17/24 CPN 103312 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1.Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. OMITTED. 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised/Updated 1/17/24 CPN 103312 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. under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 4.2. Reference is made to Section 00 73 00 Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4.Standard insurance requirements, coverages and limits. 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised/Updated 1/17/24 CPN 103312 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 00 21 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised/Updated 1/17/24 CPN 103312 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=openOpportunities on or before 2 p.m., the Monday, 10 days 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 https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities 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. 00 21 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised/Updated 1/17/24 CPN 103312 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 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1.In accordance with the City Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non-responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593 11.2.No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 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. 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised/Updated 1/17/24 CPN 103312 12.7.Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8.All names shall be typed or printed in ink below the signature. 12.9.The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10.Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11.Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. 14. Withdrawal of Bids 14.1.Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1.City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised/Updated 1/17/24 CPN 103312 17.1.1.Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2.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 whose evaluation by City indicates that the award will be in the best interests of the City. 17.6.Pursuant to Texas Government Code Chapter 2252.001, the City will not award the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a business is located. 17.7.A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1.The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8.Failure or refusal to comply with the requirements may result in rejection of Bid. 00 21 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENT INTERSECTION IMPROVEMENTS Revised/Updated 1/17/24 CPN 103312 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 BIDDER: SECTION 00 35 13 END OF SECTION SECTION 00 41 00 103312 2. BIDDER Acknowledgements and Certification 1. Enter Into Agreement 5. Attached to this Bid 3. Prequalification 4. Time of Completion END OF SECTION 6. Total Bid Amount 7. Bid Submittal Bid List Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 1 170.0100 Mobilization 01 70 00 LS 1 $49,900.00 $49,900.00 2 241.0100 Remove Sidewalk 02 41 13 SF 1470 $2.50 $3,675.00 3 241.0300 Remove ADA Ramp 02 41 13 EA 6 $250.00 $1,500.00 4 241.0900 Remove Misc Conc Structure 02 41 13 LS 1 $5,750.00 $5,750.00 5 241.1300 Remove Conc Curb & Gutter 02 41 15 LF 1758 $10.00 $17,580.00 6 3110.0101 Site Clearing 31 10 00 LS 1 $500.00 $500.00 7 3110.0102 6"-12" Tree Removal 31 10 00 EA 3 $350.00 $1,050.00 8 3110.0103 12"-18" Tree Removal 31 10 00 EA 4 $600.00 $2,400.00 9 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 2518 $87.50 $220,325.00 10 3125.0101 SWPPP 1 acre 31 25 00 LS 1 $19,650.00 $19,650.00 11 3211.0313 8" Flexible Base, Type D, GR-1 32 11 23 SY 3246 $28.00 $90,888.00 12 3213.0106 11" Conc Pvmt 32 13 13 SY 2859 $125.00 $357,375.00 13 3213.0301 4" Conc Sidewalk 32 13 20 SF 838 $13.00 $10,894.00 14 3213.0504 Barrier Free Ramp, Type M-2 32 13 20 EA 3 $4,150.00 $12,450.00 15 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 5 $3,850.00 $19,250.00 16 3213.0509 Barrier Free Ramp, Type C-2 32 13 20 EA 4 $3,750.00 $15,000.00 17 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 96 $67.50 $6,480.00 18 3217.0101 6" SLD Pvmt Marking HAS (W) 32 17 23 LF 2377 $2.85 $6,774.45 19 3217.0102 6" SLD Pvmt Marking HAS (Y) 32 17 23 LF 2827 $2.85 $8,056.95 20 3217.0103 6" BRK Pvmt Marking HAS (W) 32 17 23 LF 630 $2.85 $1,795.50 21 3217.0104 6" DOT Pvmt Marking HAS (W) 32 17 23 LF 44 $15.00 $660.00 22 3217.0201 8" SLD Pvmt Marking HAS (W) 32 17 23 LF 739 $3.50 $2,586.50 23 3217.0401 18" SLD Pvmt Marking HAE (W) 32 17 23 LF 850 $12.00 $10,200.00 24 3217.0501 24" SLD Pvmt Marking HAE (W) 32 17 23 LF 181 $14.00 $2,534.00 25 Crosswalk 32 17 23 LF 620 $64.50 $39,990.00 26 3217.1002 Lane Legend Arrow 32 17 23 EA 14 $225.00 $3,150.00 27 3217.1004 Lane Legend Only 32 17 23 EA 14 $225.00 $3,150.00 28 3217.1016 Preformed Thermoplastic Contrast Markings - Legend Yield Symbol 32 17 23 EA 27 $110.00 $2,970.00 29 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 140 $9.50 $1,330.00 30 3217.4302 Remove 6" Pvmt Marking 32 17 23 LF 560 $2.25 $1,260.00 31 3217.4303 Remove 8" Pvmt Marking 32 17 23 LF 865 $3.00 $2,595.00 32 3217.4306 Remove 24" Pvmt Marking 32 17 23 LF 150 $8.50 $1,275.00 33 3217.4307 Remove Raised Marker 32 17 23 EA 87 $5.00 $435.00 34 3291.0100 Topsoil 32 91 19 CY 379 $26.00 $9,854.00 35 3292.0100 Block Sod Placement 32 92 13 SY 2255 $7.50 $16,912.50 36 3293.0103 Plant 3" Tree 32 93 43 EA 7 $1,300.00 $9,100.00 37 3471.0001 Traffic Control 34 71 13 MO 6 $14,500.00 $87,000.00 38 3305.0111 Valve Box Adjustment 33 05 14 EA 1 $550.00 $550.00 39 3305.0117 Concrete Collar for Valve 33 05 17 EA 1 $300.00 $300.00 40 3305.0114 Manhole Adjustment, Major w/Cover 33 05 14 EA 2 $8,500.00 $17,000.00 Bid List Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 41 3441.1001 Furnish/Install 3-Sect Signal Head Assembly 34 41 10 EA 8 $1,950.00 $15,600.00 42 3441.1002 Furnish/Install 4-Sect Signal Head Assembly 34 41 10 EA 5 $2,450.00 $12,250.00 43 3441.1012 Furnish/Install Ped Signal Head Assmbly 34 41 10 EA 8 $850.00 $6,800.00 44 3441.1031 Furnish/Install Audible Pedestrian Pushbutton Station 34 41 10 EA 8 $1,800.00 $14,400.00 45 3441.1209 Furnish/Install BBU System EXT Mounted 34 41 10 EA 1 $11,500.00 $11,500.00 46 3441.1215 Furnish/Install Hybrid Detection Device 34 41 10 APR 4 $12,000.00 $48,000.00 47 3441.1220 Furnish/Install Model 711 Preemption Detector 34 41 10 EA 4 $3,150.00 $12,600.00 48 3441.1224 Furnish/Install Preemption Cable 34 41 10 LF 1000 $3.25 $3,250.00 49 3441.1250 Furnish/Install PTZ Camera 34 41 10 EA 1 $7,500.00 $7,500.00 50 3441.1255 Furnish/Install Communication Modem 34 41 10 EA 1 $2,400.00 $2,400.00 51 3441.1260 Furnish/Install CAT5 Ethernet Cable 34 41 10 LF 1195 $2.25 $2,688.75 52 3441.1311 5/C 14 AWG Multi-Conductor Cable 34 41 10 LF 1070 $3.00 $3,210.00 53 3441.1312 7/C 14 AWG Multi-Conductor Cable 34 41 10 LF 695 $3.50 $2,432.50 54 3441.1315 20/C 14 AWG Multi-Conductor Cable 34 41 10 LF 1070 $8.00 $8,560.00 55 3441.1322 3/C 14 AWG Multi-Conductor Cable 34 41 10 LF 1640 $2.50 $4,100.00 56 3441.1408 NO 6 Insulated Elec Condr 34 41 10 LF 15 $3.50 $52.50 57 3441.1410 NO 10 Insulated Elec Condr 34 41 10 LF 2200 $2.00 $4,400.00 58 3441.1414 NO 8 Bare Elec Condr 34 41 10 LF 1085 $3.50 $3,797.50 SECTION 00 42 43 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 1 - Paving Improvements Sub-Total Unit 1 - Paving $1,046,295.90 Unit 2 - Water Improvements Sub-Total Unit 2 - Water $850.00 Unit 3 - Sanitary Sewer Improvements Sub-Total Unit 3 - Sanitary Sewer Improvements $17,000.00 SECTION 00 42 43 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 4 - Traffic Signal Improvements 59 3441.1503 Furnish/Install Ground Box Type D, w/Apron 34 41 10 EA 9 $2,600.00 $23,400.00 60 3441.1506 Furnish/Install Ground Box Type D 34 41 10 EA 1 $2,000.00 $2,000.00 61 3441.1603 Furnish/Install 10' - 20' Ped Pole Assmbly 34 41 10 EA 5 $1,650.00 $8,250.00 62 3441.1611 Furnish/Install Type 41 Signal Pole 34 41 10 EA 2 $16,500.00 $33,000.00 63 3441.1613 Furnish/Install Type 43 Signal Pole 34 41 10 EA 1 $16,500.00 $16,500.00 64 3441.1614 Furnish/Install Type 44 Signal Pole 34 41 10 EA 1 $13,700.00 $13,700.00 65 3441.1615 Furnish/Install Type 45 Signal Pole 34 41 10 EA 2 $22,850.00 $45,700.00 66 3441.1623 Furnish/Install Mast Arm 16' - 36'34 41 10 EA 2 $6,850.00 $13,700.00 67 3441.1624 Furnish/Install Mast Arm 40' - 48' 34 41 10 EA 2 $13,900.00 $27,800.00 68 3441.1625 Furnish/Install Mast Arm 52' - 60'34 41 10 EA 2 $17,000.00 $34,000.00 69 3441.1701 TY 1 Signal Foundation 34 41 10 EA 5 $1,600.00 $8,000.00 70 3441.1703 TY 3 Signal Foundation 34 41 10 EA 2 $4,950.00 $9,900.00 71 3441.1704 TY 4 Signal Foundation 34 41 10 EA 2 $5,800.00 $11,600.00 72 3441.1705 TY 5 Signal Foundation 34 41 10 EA 2 $8,750.00 $17,500.00 73 3441.1715 Signal Cabinet Foundation - 352i & BBU 34 41 10 EA 1 $7,650.00 $7,650.00 74 3441.1725 Furnish/Install ATC Signal Controller 34 41 10 EA 1 $7,550.00 $7,550.00 75 3441.1741 Furnish/Install 352i Controller Cabinet Assembly 34 41 10 EA 1 $31,450.00 $31,450.00 76 3441.2001 Dispose/Salvage Traffic Signal 34 41 13 EA 1 $33,350.00 $33,350.00 77 3441.3051 Furnish/Install LED Lighting Fixture (137 watt ATB2 Cobra Head) 34 41 20 EA 19 $650.00 $12,350.00 78 3441.4001 Furnish/Install Alum Sign Mast Arm Mount 34 41 30 EA 10 $825.00 $8,250.00 79 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA 15 $600.00 $9,000.00 80 3441.4110 Remove and Reinstall Sign Panel and Post 34 41 30 EA 2 $800.00 $1,600.00 81 3441.9999 Remove Mast Arm Sign 34 41 10 EA 4 $240.00 $960.00 82 2605.0111 Furnish/Install Elec Serv Pedestal 26 05 00 EA 1 $10,900.00 $10,900.00 83 2605.0131 Salvage Electrical Equipment 26 05 10 LS 1 $900.00 $900.00 84 2605.3015 2" CONDT PVC SCH 80 (T)26 05 33 LF 767 $27.00 $20,709.00 85 2605.3016 2" CONDT PVC SCH 80 (B)26 05 33 LF 600 $38.00 $22,800.00 86 2605.3025 3" CONDT PVC SCH 80 (T)26 05 33 LF 130 $32.00 $4,160.00 87 2605.3033 4" CONDT PVC SCH 80 (T)26 05 33 LF 70 $35.00 $2,450.00 88 2605.3034 4" CONDT PVC SCH 80 (B)26 05 33 LF 775 $47.00 $36,425.00 89 3441.1405 NO 2 Insulated Elec Condr 34 41 10 LF 1875 $6.00 $11,250.00 90 3441.1430 Install Conductor Cable 34 41 10 LF 1875 $1.50 $2,812.50 Bid List Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 91 3441.1501 Furnish/Install Ground Box Type B 34 41 10 EA 15 $1,500.00 $22,500.00 92 3441.1507 Remove Ground Box 34 41 13 EA 7 $400.00 $2,800.00 93 3441.1645 Furnish/Install Type 33A Arm 34 41 20 EA 14 $600.00 $8,400.00 94 3441.3003 Rdwy Illum Assmbly TY 18,18A,19, and D-40 34 41 20 EA 7 $5,050.00 $35,350.00 95 3441.3302 Rdwy Illum Foundation TY 3,5,6, and 8 34 41 20 EA 7 $2,500.00 $17,500.00 96 3441.3501 Salvage Street Light Pole 34 41 20 EA 7 $2,400.00 $16,800.00 97 9999.0001 Tree Protection 31 10 00 EA 1 $450.00 $450.00 98 9999.0002 4'' Integral Colored & Textured Median Concrete TxDOT Item 528 SY 163 $163.00 $26,569.00 99 9999.0003 Modified Barrier Free Ramp, Type C-1 32 13 20 EA 1 $5,150.00 $5,150.00 100 9999.0004 Construction Allowance 00 00 00 LS 1 $240,000.00 $240,000.00 $1,046,295.90 $850.00 $17,000.00 $540,751.25 $215,756.50 $272,169.00 $2,092,822.65 Sub-Total Unit 4 - Traffic Signal $540,751.25 Unit 5 - Electrical Improvements SECTION 00 42 43 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Sub-Total Unit 5 - Electrical $215,756.50 Non-Standard Items Sub-Total - Non-Standard Items $272,169.00 Bid Summary Unit 1 - Paving Unit 2 - Water Unit 3 - Sanitary Sewer Total Bid (Units 1, 2, 3, 4, 5, Non-Standard END OF SECTION Unit 4 - Traffic Signal Unit 5 - Electrical Non-Standard Items SECTION 00 43 13 BID BOND 6iD B[]NO Cwiforrns with Tiie Amer�can Institute of Arch�iecis, A.f.A. ilocumeEst No. A-3#n KNQW ALL BY THESE PRESENTS, 'f'f�at wc, Mc�lendon Cnnstr�aciinn Cnmpany, Inc. 548 Me�rrariai Pl�aa 6urlesan Texas 7fi�24 as Principal, hereinafter called thc Principat, and chc Merchants Banding Company {Mutuai] _ of P.Q. Bax 14�98, Des Moines, IA 5Q3fi6-34S8 , a corpnration duly orgar�ed under the laws of thc State af lowa , as Surety, hereinafter ca�led the Surc:ty, arc held arxi fr�nly �ound unto City of F�rt Worth as Ob[igee, hereinaRer callc�i the Obligec, in che sum ❑f F��e Rercent of the Greatesi Amount 6id b Princi ai ❑allars { 5°/a GABP ], for the payment of whi�h sum well and tr�ly to i�e made, ti�e said Principai and the said Surety, bind o�rselves, nur heirs, executors, admir�istrafors, suGcessars a�d assigns, jointly and se�erally, firmly by thcsc preserits. WHEREAS, the Principal has suhmitted a�Sid for Huien 5t. S W. Risin er Raad intersectiort Im r��ment5 NaW, THEREFdRE, if the abiigee shall acccp# the hid of the Principal and ihe Prit�cipal shali enter intv a Cantract with the 06ligee ir� accardance with the terms of such bid, and gi�e such band or ban�3s as may be speciFed in the �idding ar Contract �acuments with gaod and sutii�ient surety for the faithful performancc �sf such Cantract and for the prampt payment vf lahor ar�d material fumish�d in the prosecution thereof, or i� the e�ent of the failure nf the Principal to entcr such Contract and gi�e such b�nd or tsands, if the Pri�cipa] shali pay to th� Qbligec th� differcnce r�ot to exaeed tt�e penalty hereof between th� amaunt specified in said hid and such larger arnount for whieh thc �bli�;ec may in gond faith �ontract with another party to periQrm the Work cv�ered by said bic�, then this obligatian shall be nuIl and �oid, ot��erwise to rernain in full force and effect, Signed and sealed this _ . � 21st �y a� Nn�ember Wimess � w,a,e5s � , 2fl24 . M endon Cvnstructio� Com ••, It��. (�ea1? � Principal p�� T�c�e �II�ER�HA�I'TS � son� or �c connr�a�vv:�, PDWER �F ATTORNEY Know Afl Persons By These Presents, ttiai MERCHAl�ETS E30NAI�JG COMPANY {Ml]T[JALj and IUl�RCHAN75 NATIONAL 6pNi�ING. IAIC., 6oth 6eing corporatians af the State af Irnva, dlhla Mer�hants IJatinnal indPmnify L:ornpany �in Ca3i#arnia only] [herein coElecfiv�ly c�31ed ihe "�ompanies°} do hereby maEce, r.anstitate and appoint, ir�di�idually, Allysvn VV �ean; Ana C3wens; Andrea Rvse Grawford; Andrew Gateth Addison; Betty J Reeh; Bryan Kelly Moare; C�lin E C4nEy; �et�ra Lee ivtnan; Eliza�eth artiz; Emily Aitisan Mikeska; Faitt� Ann Hilty; John F2 Ward; Nlichae! Oonafcf Hendrickson; Manica Ruby Veazey; Patrick Thomas Coyle; Sartidra Lee Rc�ney; Thrsrnas €�augias hrtoore; Troy Russell Key iheir true and lawful Attarney{s}-in-Fact, to sign its �ame as surety(iesJ and to exeaute, seal and aoki}owledge any and all honds, undertakings, canlra�ts and ❑lher written instruments in the naturo Iilereaf, on bchakf af the Companies in their business af guaranteeir�g !he fdeiity of persarss, guaranEeeing lhe perfarrnance oF contrao[s and executing or guar�nteeing t�onds and undertakings required vr permitied in any actions ar procc�dings aUawod by law. This Pnwzr-of-AttarnPy is granted and is signsd and sealad by facsimi�a under and by authority of the failpwing Sy-Laws advpted 6y the BvBrd vf Dire�tars af Mer�hants �onding Cnmpany {Mutua€j on April 23, 201�1 and amended August 'lA, 2Q'E5 and April 27, 2024 �nd sdopted by the Bqard of Directors oi Marchanfs Natianal Banding, In�., on Oatof�er 15, 20'15 and amended an Apri127, 2p24. °The Presictent, 5screEary, Treasurer, or any Assistant Treasurer pr any Assistant Secretary or any Vice Pr�sident shall ha�e power and authori[y to appoir�t Altorneys-in-Fa�l, and to autltori�e them to exe�ute on behalF of the Company, an[f attach the s�al af the Company Fhcr�tfl, honds and undertakings, recognizan�es, contracEs of indemnity ar�d other writings o6ligatory in the nature theteof." "The signature of any aut�orkzed afiicer and the seal of the Company may be a�xed hy farsimiie or electronic transm�ssion tv any Power of Ariorney ar Certifcation thereaf authorizing the execution and delivary of any 6ond, undertaking, recognizance, or other suretyship ❑ l�ligations of fhe Campany, and such signature and seal when se used shall ha�e ttr� same arce ancf afFect as thaugh rraanualEy �xed" En connection with Qoiigatior� in fa�or a� ihe Florida Departmenf flf Transpartatian only, ii is agreed that the pawer �nd aut hority herepy given to the Attvrneyir-Fact inctudes arsy and all eons9nts #or fhe reEease af retainad per�entages andlor final estimates an ertgineering and cansfrucfion cantracts required by the 5tate aP Fiarida �e�artment of Transportation. It is fully understand ti-�af consenting Fv the State af Flarida i]apartmenf af Transpartation making payment of th� fir�al esfimate to the Cflntractor andlor lis assignae, shall nat reiieve this surety eornpany a# any of iis ab€igations unrier iis bond. In �onneCtion w�th abiigafivns in fa�ar af the Kentueky �epartment of Highways onEy, iE is agreed thai ihe pnwer and au[harity here�iy given to #he At[orney-in-Fact cannot i�e mod�ed ur revakecf unless priar writtan personai notice of such intent hss heen gi�en io Yhe Commissianer- ❑epaitm�nt af 1-lighways vf the Cnmmonwea�th of Kentucky at ]easi ihirty {3�} days priar Fo the modificatian or re�ocation. Ir,'�Jit�;ess VVhereoi, the Companies have caused this ins'r�rment tn i;e signPa and sealed this �gt� day Q� ,��y , 2624 • ��r�.r.� � � a .. . �� IiAERCHANTS BQNOING C�MPANY {MUFl1AE.} ,,•'P�� N'4C','•, �•�,E�� 1j� • iJIERGHANTB NAT�OTdAL 80NDl3�FG, INC. � y��tP�I�q •�p �� ;�d�O�P��9�y� � df6fa MERCHANTS MATIONAL IN�EMµITY CdNfPR�Y , I. 'C. �'�.Z • � � • G .�•.,<• =a:�� -D- D:�' •�--: � -n- o: • � v�y 2a(13 .�: .�'r 1933 � e; ey � :d'. :`` •�,•. '�. � : ��••........•;;��`: � '.d".�'�• ..�; . • •�-�d� F'resident S�ATE C3F IaWA '•..+� �.• `- • COLINTY OF �ALLAS ss. "�'""' � �•••• • �n th'ss �g�y day of ��y 2p2r} , befare me appeared Larry Taylor, ta me personally known, wno 6eing 6y me duly sworn did say that he is PresitEer+t of fV�ERCHANTS SaNI]ING CCIMPANY �Mt7TUAL} and M�RCHANTS NATIDNAL BDN�ING, INC.; and that the seals a�Fixed to the foregoing instrume�t are the Corporate Seajs of the Companies; and that the said instrument was signesf and sealed in �e€�alf ❑f the Campanies hy autharity o# their respe�tive Baards of �irectars. ,--= �""`-�� ,�P�'A� s��, Penni Milier ��' -� � � � r Commission Nurnher 787952 ' — ■ ■ My Commission Expires '� �� } , r�'�+* lanuary Zfl, 20i7 `- � FVotary Pu61ic {�xpiration of notary's commEssian does nat invafidate this ins[rument) [, Eliseheth 5andersfeld, Secretary af MERGHAN�'S B�N�71�VG CdMPANY [MLfTi1RLj and MERCHAN75 NATIONAL BQNDIEJG, ENC., do hereby �ertify that the afao�e and ioregoing is a true and �orreet �opy of the PflWER-OF-ATTOF2IVEY executed by said Companies, WF11C�1 I$ SYEII fn fu1# force and effe�t and has not besn amended or ravoked. � In Witness Whereaf, I ha�e hereunta set my hand and a€F�xad the seal of the Companies an fhis� day af �[7� �� . a��a.rra� •�r'•�. ��'[��N14� �• �� D�Nf3 i'.��• ; �i_ �r : ; y aR��Rq��a :, : �4.-�7�Pa�q�.9� : r„ :►•;•r., �'fi..y: � y:• c� �•..� � !Il =2:2 •d' .�..� -o- p: . �� :Q: �� :�: •x:` :3; :��. 20Q3 rL�„ � 6• ��'� ' Yr Secrstary . :�� : \ +�Jfy/ ' •� ■ :3�•... ...;��,:' .�w-•�_•-••��d,: .� . .� . P�A Q718 {fi1�4j •• +r��+�r.��t•a*�� •• � � • s � � .. �ER�HANTS S�.I�DII�tG CDMPANY.�, MERCNA1Vl-5 1�oNDiNG C:C7M1'ANY I'.O. $OX I4498 DES MC7lNE5, lA 5[]3UG-34�1$ PI-iOvF: {S[30} {,78-8i71 f��C: [515) 243-3$54 Ha�e a complaint or need help? If you ha�e a pra�lem with a�laim or y�ur premium, �all yaur insUran�e car-r-�pany or HM� first. If you can't work out the i�sue, the 7'exas Department of Inst�rance may be able tQ help. E�� i# you �il� a complaint with ti�e Texas ❑epartment af Insurance, yau should aiso fi[e a campiaint ar appeal thra�gh ynur insurance campany or HMa. if yau dan`t, you may lase yo�r rig�t ta appea�. To get ir��arrnation ar file a com�laint wit� your insurance company ar HM�: Mercha�fs Bonciing C�mpany Call: Complian�e �ff�cer at (804} 671-8'171 �ol I-free: �800} 671-8 i 7' Email- regulatory@merchan#sbonding.tam Mail: P.Q, Box 14498, ❑es Maines, lawa 503a6-3498 T#�e TexaS Department of fns�rance To get help wi#h an insurance questian �r file a complaint with th� state: Ca�l wi#h a questian: 1-8fl�-25�-3439 File a camplaint: www.tdi.texas.go� ftrsail: Cons�rnerPratection@tdi.texas.go� Mail: Cans��rner �rotectic�n; MC; rn �P; Tgxas f7�,n�Cfi][1�.Clt_LZf1n.5,��ra�n Yrr�_ '� C�. i 1■ � : 1 1 '�- �■ ! ' . i �' ' . . �. Si tiene� un problema con una reclamauon o can su prima de segur�, Ilam� �rimero a su compania de s�guros a HMQ. Si nc� �uede resal�er el problema, es posible que el �epartamento �e Segura5 de i�exas (Texas Department of Ins�arance, par su nambr� en inr��es} pueda ayudar. Aun si usted presenta �na queja ante el Departamenta de 5�guro5 de Texas, tambien dehe �resentar una queja a traves de� praceso de c{uejas a de apelaciones de s�a campania d� 5eguros o HMD. 5i n❑ la hace, podrfa perder su derecho para apelar. su� oosz �rx 4��zsy Para obtener in�armacian o para presentar una queja ante su campania de seg�ros a HMO: Mer�hants Banding Com�any Llame a: Compfiance �fficer al (8Dnj 6?1-8�7�i Telefono gratuito: �500} 678-8171 C�rrea electraniGa: regulatory@merchantsbar�ding.c�m ❑irecc�an postal: P.�. Bax 14498 , Des Moines, lawa, 5�3Q6-349$ EI Departamento cfe Seguros �le Texas Para nbtener ayuda can una pregur�ta relacianada c�n I�s segur�s o para presentar una queja ante el �stac#o: L�ame c�n s�s pregunias a!: 'I-804-252-3439 Presen�e t�na qUeja en: www.tdi.texas.go� Correa ele�tro�ico: Car�sumerPratectian@tdi.texas.ga� Dire�eion postal: Cansumer Praiectian, IV1C: C�-CP., Texas , Department af Ir�sur_a_nce, �� Box ��03�, A�astin, TX 7871 �-��3� SiJP 003� TX ��123} �LI�ER�H��TTS �3QNDI1�1G CflMPAf�Y�� MF.RC�-iAN�'S BQN�ING CDAAPANY {,1iti]TC;,�t.} • P.O. �3C?x 1��98 • i7E5 M�INES, iOVVA5(334G-3498 I'HC�€�F: (800] 678-8�71 • FAh: {515] 7.�+3-385� ADDENQUM T� Ei�N❑ T hi s A dderidum i s i n reference ta the band( s} to whi c h i t i s atta� heE#. M erchants B a�d� ng � vmpany { M uCua� }{' M erchants_j deerr�s the digita! or el e�troni c i mage o'f MercF�ar�Cs" corporate seal f�elow affixet� tn th� f�and[sj ta the sarr� extent a� if a raisec� �arporate seal was physicaf fy stamped or i rr��essed upon the hondjs). T he digital ar' elettrQnic seal h�auv shal I ha�2 the sarne for�e arsd eff�t a5 thnugh rrr�n�aify #fxed to the hanc![s). A I I terms af the bond[sy remai n the same. Signed and effe�Ci�e March 23, 2Qz0. MERCHANTS BONDING C�MPAIVY (MIJTUAL] , � .. . � o�4l�P � ��''° • ,� = �: G�R �"Q.:�'�.t. ■ rn • . �: � -b- �: : y 1933 � e: . c��;� , .`;��A�•: �.�• . �. •�r.�• �y. ------_____� __ �__--__--____..�_W__ tarry Taylor, President 1 Rios, Leonel From:Lisa Lawson <llawson@merchantsbonding.com> Sent:Thursday, February 20, 2025 4:02 PM To:Rios, Leonel Subject:RE: Bond #101305479 Verification-McClendon Construction Company This message is from an external organization. This message came from outside your organization. Report Suspicious Good Afternoon, Yes, this is a valid bond. The information below is correct. Thank you! Lisa Lawson | Sr. Contract Underwriting Account Specialist Merchants Bonding Company 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.merchantsbonding.com From:Rios, Leonel <Leonel.Rios@fortworthtexas.gov> Sent:Thursday, February 20, 2025 3:19 PM To:Lisa Lawson <llawson@merchantsbonding.com> Subject:Bond #101305479 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 #101305479, in the amount of $2,092,822.65, issued by Merchants Bonding Company for City Project #103312, S Hulen Street & W Risinger Road Intersection Improvements. 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 SECTION 00 43 37 END OF SECTION BIDDER: 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised August 13, 2021 CPN 103312 SECTION 00 45 11 1 BIDDERS PREQUALIFICATIONS 2 3 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 4 have applied for prequalification by the City for the work types requiring prequalification 5 prior to submitting bids. To be considered for award of contract the Bidder must submit 6 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 7 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 8 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 9 the requirements below. The information must be submitted seven (7) days prior to the 10 date of the opening of bids. Subcontractors must follow the same timelines as contractors 11 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 12 the time bids are opened and reviewed may cause the bid to be rejected. 13 14 15 The prequalification process will establish a bid limit based on a technical evaluation and 16 financial analysis of the contractor. For example, a contractor wishing to submit bids on 17 projects to be opened on the 7th of April must file the information by the 31st day of March 18 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder 19 Prequalification Application, the following must accompany the submission. 20 a.A complete set of audited or reviewed financial statements. 21 (1)Classified Balance Sheet 22 (2)Income Statement 23 (3)Statement of Cash Flows 24 (4)Statement of Retained Earnings 25 (5)Notes to the Financial Statements, if any 26 b.A certified copy of organizational documents (Corporate Charter, Articles 27 of Incorporation, Articles of Organization, Certificate of Formation, LLC 28 Regulations, and Certificate of Limited Partnership Agreement). 29 c.A completed Bidder Prequalification Application. 30 (1)31 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 32 number visit the Texas Comptroller of Public Accounts online at the 33 following web address www.window.state.tx.us/taxpermit/ and fill out the 34 application to apply for your Texas tax ID. 35 (2) -mail address and fax number. 36 (3)37 is used by the City for required reporting on Federal Aid projects. The DUNS 38 number may be obtained at www.dnb.com. 39 d.Resumes reflecting the construction experience of the principles of the firm for firms 40 submitting their initial prequalification. These resumes should include the size and 41 scope of the work performed. 42 e.Other information as requested by the City. 43 44 2. Prequalification Requirements 45 a.Financial Statements. Financial statement submission must be provided in 46 accordance with the following: 47 (1)The City requires that the original Financial Statement or a certified copy 48 be submitted for consideration. 49 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised August 13, 2021 CPN 103312 (2)To be satisfactory, the financial statements must be audited or reviewed 1 by an independent, certified public accounting firm registered and in 2 good standing in any state. Current Texas statues also require that 3 accounting firms performing audits or reviews on business entities within 4 the State of Texas be properly licensed or registered with the Texas State 5 Board of Public Accountancy. 6 (3)The accounting firm should state in the audit report or review whether 7 the contractor is an individual, corporation, or limited liability company. 8 (4)Financial Statements must be presented in U.S. dollars at the current rate 9 of exchange of the Balance Sheet date. 10 (5)The City will not recognize any certified public accountant as 11 independent who is not, in fact, independent. 12 (6)13 company should state that the audit or review has been conducted in 14 accordance with auditing standards generally accepted in the United 15 16 It should: (1) express an unqualified opinion, or (2) express a qualified 17 opinion on the statements taken as a whole. 18 (7)The City reserves the right to require a new statement at any time. 19 (8)The financial statement must be prepared as of the last day of any month, 20 not more than one year old and must be on file with the City 16 months 21 thereafter, in accordance with Paragraph 1. 22 (9)23 of awarding contracts. Bidding capacity is determined by multiplying the 24 positive net working capital (working capital = current assets current 25 liabilities) by a factor of 10. Only those statements reflecting a positive 26 net working capital position will be considered satisfactory for 27 prequalification purposes. 28 (10)In the case that a bidding date falls within the time a new financial 29 statement is being prepared, the previous statement shall be updated with 30 proper verification. 31 b.Bidder Prequalification Application. A Bidder Prequalification Application must be 32 submitted along with audited or reviewed financial statements by firms wishing to be 33 eligible to bid on all classes of construction and maintenance projects. Incomplete 34 Applications will be rejected. 35 (1)In those schedules where there is nothing to report, the notation of 36 37 (2)A minimum of five (5) references of related work must be provided. 38 (3)Submission of an equipment schedule which indicates equipment under 39 the control of the Contractor and which is related to the type of work for 40 which the Contactor is seeking prequalification. The schedule must 41 include the manufacturer, model and general common description of 42 each piece of equipment. Abbreviations or means of describing 43 equipment other than provided above will not be accepted. 44 45 3. Eligibility for Award of Contract 46 a.The City shall be the sole judge as to a contractor prequalification. 47 b.The City may reject, suspend, or modify any prequalification for failure by the 48 contractor to demonstrate acceptable financial ability or performance. 49 c.The City will issue a letter as to the status of the prequalification approval. 50 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised August 13, 2021 CPN 103312 d.If a contractor has a valid prequalification letter, the contractor will be eligible to 1 perform the prequalified work types until the expiration date stated in the letter. 2 3 4 5 6 7 END OF SECTION 8 9 00 45 12 - 1 PREQUALIFICATION STATEMENT Page 1 of 2 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised September 30, 2021 CPN 103312 SECTION 00 45 121 PREQUALIFICATION STATEMENT2 3 Each Bidder for a City procurement is required to complete the information below by 4 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 5 major work type(s) listed. 6 7 8 Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Concrete Paving Construction/Reconstruction (less than 15,000 square yards) Sewer Collection System, Urban/Renewal, 12-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Roadway and Pedestrian Lighting 9 10 The undersigned hereby certifies that the contractors and/or subcontractors described in 11 the table above are currently prequalified for the work types listed.12 13 BIDDER:14 15 _____________________________________ By: ___________________________________16 Company (Please Print)17 18 _____________________________________ Signature: ______________________________19 Address20 21 _____________________________________ Title: __________________________________22 City/State/Zip (Please Print)23 24 Date: __________________________________25 26 an as z� - i COIVTR1iCTOi2 C�NiPLI,ANCF.: WITH WCJRkF.R'S C�MPENSnT[QN LAW Page 1 of I PART 1- SECTI�N OU 45 2G 2 3 4 5 6 7 S 9 1Q li iz l3 ]4 15 lG 17 18 19 20 21 22 23 24 25 2fi 27 28 29 3[� 3l 32 33 34 3S 3G 37 38 CC7'�Tf�1�CT�R CnMPLIAI�CE WITH WORI��R`S CaMPENSATI�N LAW Pursiiant to Texas Labor Cade Section 4�6.D95(aj, as arnended, Coniractar cerlifies th�t it pro��ides worker's cnmpensation insurari�e ca�erage far all o#�'sts empinyees em�lnyed nn City Project No. ] a33 � 2. Contractar f�rther certifes that, pursua�it to Texas Labflr Coc�e, Section ��d.096(b}, as amended, it will pravide tn Cit}� its subcantra�tor•'s cei�tifieates af cartapliaE�ce wEth worker's cam�ensation cQ�erage. CURTRACTt7�R: McC:lendon Canstructi�n Company I�c Gampaaiy PU 13ax 999 Address Burleson, Teaas ?5a97 CitylStatelZip THE STAT� �r TLXAS COLJNTY DF TARI�tANT § § (P3ease Print} i3EFQ1�E ME, the �ndersigi�ed authority, an tliis day perso�ally appeared Daa� McClendon , knawt� to rt-ie tn be tlze peisan whose rtame is suUscribed ta tk�e foregoing ins#rt�ment, and acknawlec�ged to rt�e t�tat helshe executed the sarr�e as tk�e act �r�d dced a� McClendon Cvnst C❑ Inc f�r ihe purposes ar�d consideration therein expressed and in the capacity therein stateci. G1VFN t]NC7�R MY HA�D A]tiD SEAL �I' �FFIC� t�is November , 20 24 21st day oF Puhlic in`and for the State of Texas �?:: - 39 ENl] �k" SECTIUI! �,,.<<_;,�� -.��Firz f. 81�ir S^ ,..... L i �2�� ' ' t�lot �ry Pubi"tc, S:ata Of Tex3s : x�: �' �+ 44 = ' Cc�rr. �::�Sir�s �?1Q5�2C?a ��.��.,r: •.... Y;3� ,�_ �..r��'•. Dl��^� i� 1<'��'_•':.. 7 ----...._____�.._� _ -�°a��s Dan McG[�ndan ey: (P as� Prin S'rgnature: President Title: C:ITY OF F�]R i' W�RTH 5 I-iULEh STk�L"f & W R[51NG�R RQAU 5'1�AltiL3AIZiJ C[�IVSTRUCT'dC1�! SPk3C[FICATIQN Il[7CL'MENTS 17k1'Cf�SECTIUN I�+rIPRQVEfVIEN'E5 Rc�ised Ji�ly 1, 2ai 1 CP1� i033] � 00 45 40 - 1 Business Equity Goal Page 1 of 2 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised June 7, 2024 CPN 103312 SECTION 00 45 40 1 Business Equity Goal 2 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 25165-10-2021, (replacing Ordinance No. 24534-11-12 2020 (codified at: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EQUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 12.01% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protégé participation, 5. Good Faith Effort documentation, or 6. Prime 26 contractor Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 Applicable documents (listed below) must be submitted electronically with the other required bidding 30 documents at the time of the bid under the respective Project via the Procurement Portal: 31 https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities 32 OR received no later than 2:00 p.m., on the third City business day after the bid opening date, 33 exclusive of the bid opening date with the respective Project via the Procurement Portal by 34 responding to the message sent within Bonfire to all the bidders. It is highly encouraged that bidders 35 submit required documentation at the time of bid submission. 36 37 The Offeror must submit one or more of the following documents: 38 1.Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 39 2.Letter of Intent, for all M/WBE Subcontractors; 40 3.Good Faith Effort Form and Utilization Form, including supporting documentation, if 41 participation is less than stated goal, or no Business Equity participation is accomplished; 42 4.Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 43 all subcontracting/supplier opportunities; or 44 5.Joint Venture/Mentor-Protégé Form, if goal is met or exceeded with a Joint Venture or Mentor-45 Protégé participation. 46 47 These forms can be accessed at: 48 Business Equity Utilization Form and Letter of Intent 49 00 45 40 - 2 Business Equity Goal Page 2 of 2 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised June 7, 2024 CPN 103312 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Business Equity Utilization 1 Form_DVIN 2022 220324.pdf 2 3 Letter of Intent 4 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Letter of Intent_DVIN 5 2021.pdf 6 7 Business Equity Good Faith Effort Form 8 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Good Faith Effort 9 Form_DVIN 2022.pdf 10 11 Business Equity Prime Contractor Waiver Form 12 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 13 Waiver-220313.pdf 14 15 Business Equity Joint Venture Form 16 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/MWBE Joint 17 Venture_220225.pdf 18 19 20 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL 21 RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON-RESPONSIVE AND THE BID 22 REJECTED. 23 24 25 FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUITY DOCUMENTATION OR OTHERWISE 26 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON-27 RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS 28 AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. 29 30 For Questions, Please Contact the Business Equity Division of the Access and Opportunity Services 31 Department at (817) 392-2674. 32 END OF SECTION 33 34 00 52 43 - 1 Agreement Page 1 of 6 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised December 8, 2023 CPN 103312 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 1/28/2025, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 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: S Hulen Street & W Risinger Road Intersection Improvements CPN 103312 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of Two Million, Ninety-Two Thousand, Eight Hundred and Twenty-Two Dollars, and Sixty-Five Cents ($2,092,822.65). 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 300 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 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. 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: 00 52 43 - 2 Agreement Page 2 of 6 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised December 8, 2023 CPN 103312 1.This Agreement. 2.Attachments to this Agreement: a.Bid Form 1)Proposal Form 2)Vendor Compliance to State Law Non-Resident Bidder 3)Prequalification Statement 4)State and Federal documents (project specific) b.Current Prevailing Wage Rate Table c.Insurance Certification Form (ACORD or equivalent) d.Payment Bond e.Performance Bond f.Maintenance Bond g.Power of Attorney for the Bonds h. i.MBE and/or SBE Utilization Form 3.General Conditions. 4.Supplementary Conditions. 5.Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project 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 operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 00 52 43 - 3 Agreement Page 3 of 6 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised December 8, 2023 CPN 103312 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. 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 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. 00 52 43 - 4 Agreement Page 4 of 6 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised December 8, 2023 CPN 103312 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 those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that 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. gy 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 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. 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 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. 00 52 43 - 5 Agreement Page 5 of 6 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised December 8, 2023 CPN 103312 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 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. 00 52 43 - 6 Agreement Page 6 of 6 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised December 8, 2023 CPN 103312 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the (Effective Date ). Contractor:City of Fort Worth By:By: Signature Jesica McEachern Assistant City Manager (Printed Name) Date Title Attest: Address Jannette Goodall, City Secretary City/State/Zip (Seal) M&C: ________________ Date Date: _________________ 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. _______________________________ Fanta Kaba, P.E., PTOE Sr. Professional Engineer, TPW Approved as to Form and Legality: Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: _________________________________________ Lauren Prieur, Director, TPW Bond #101305479 1 2 3 4 5 6 7 THE STATE OF TEXAS COUNTY QF TARRANT SECTION i14 61 13 PERFOR�'VIANCE BOND 0061 13-1 PERFOR:V�ANCL- BO�'D Pa�e i of 2 � § KNOW ALL BY THESE �'RESEn TS: � 8 Tha# we, McCIenc�on Constructian Com an , Inc. known as "Principai" herein and 9 Merchants Bc�ndin� Compan�,�Mut�iat}, a corporate surety (sureties, if more than ane) duly 10 authorized to da business in the State qi Texas, known as "Surety" herein {whether one ar more), t l are held and firn�ly bound unta the City of Fort Worth, a municipal corporatian created pursuant to 12 tha laws of 'E'exas, kno�vn as "City" herein, in the penal sum af, Tvvo Millipn, Ninet�r-Twn 13 Thoetsand. Ei�3�C Hunttreti and Twent�Two DvI[ars, and Sixty-Five Cents ($2,09?,822,bS), lawful 14 maney of the United States, to be paid in Fort Worth, Tarran# County, Texas for the payment oi 15 lb t7 18 19 2� 21 22 which sum wel� and truiy to be made, we bind aurselves, Qur heirs, executars, adminiskrators, suceessors and assigns, jointly and severally, frmly by these presents. WHEREAS, the Principal has entered into a certain weitten contract with the City awar�ed the 28th day of January, 2025, which Contract is hereby referred to and made a part hereof for atl puzpnses as if fiatly set forth �erein, to furnish all materials, aquipment labor and other accessories defined by law, in the prosecution of the W ork, including any Ci�ange Orders, as provided for in said Cantract designated as S Hulen Street & W Risinger Road Intersection Tmprovements, CPN I03312. 23 N�W, THEREFORE, the condition of this objigation is such that if the said Principal 24 shalE faithfuliy perform it obLigations undex the Contract and shall in all respects duly and fait�fully 25 {�erform the Work, including Change �rders, under �e Contract, according ta the plans, 26 specifications, and eontraet documents therein referred to, and as well during any period af 27 extension of the Contract that may be granted on the part of the City, then this obligati�n shaEl be 28 and become null and void, otherwise to remain in full €'orce and effect. 29 34 PR�VIDED �'URTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Nartherti District of Texas, Fort 31 il�orth Division. CTi'Y OF FORT WORTH S iiliLETv STREET & W RESIIYGER ROAD S"fA��fDAftD C€]NSTRUCTtO�f SFECIFIC.4TiO3V DOCUivIENTS [NT�i23ECT[ON 1MPROVE�vfFNTS Revised Decem6er 8, 21323 CPN 103� 12 ons> >3-z PER �'ORMANCE BOND Page 2 of2 1 2 3 4 5 6 7 s 9 f0 i� I2 I3 14 is lfi 17 is 19 2fl 21 22 23 24 25 26 23 28 zs 30 31 32 33 34 35 36 37 3S 39 40 41 42 43 44 This bond is made and executed in compliance with the provisions of Chapter 2253 ofthe Texas Gavernment Cade, as amended, and alI liabilities on this bond shall be determzned ir� accordance with the provisions of said statue. IN WITNESS WHEREOR, the Frincipa.l and the 5urety have SIGNED and SEALED this �nstrument by duly authorized agents and officers on this the 18th day of �g��ua�--_ , 20�. PRINCI€'AL: McCle Construction Company, inc. r BY: ' 'Signature Da� McC�endon, President Name and Title Adaress: 548 Memorial Pfaza Buriesan�TX 76024,_� SUR�.TY: Merchants Bonding Campany Mutual BY: %� (.�i�srQ�O�r �'"/��""r"�Q_- Signatur Emily Ailison Mikeska, Attarney-In-Fac# Name and Title aaaress: 1023 Can on Creek Dri�e, Su+t� '� 1 C� • � Temple, T 7 5 2 �T�.et �ti��1.R6KSbY� Wztness as to Surety Connie Williamson Telephone Number: 4- -8681 Email Address: P_mik�ska�acris�lre_r.om *Note_ If signed by an officer of the Surety Company, there must be on fiie a certified extract irom the by-laws shawing that this persan has authority to sign such obligation. [f 5urety's physical address is different fram its mailing address, both must be provided. The da#e of the bond shall not be prior to fhe date ti�e Contract is awarded. CITY QF FORT WORTH 5 HULEN STRE�T & W RISINGER ROAD 57`AN7�Altl7 CONSTRLICT30N 5PECIFICAT[pN I]QCUMENTS IN"iERSECTION IMPRDVEMENTS Revised December $, 2023 Cf'N I�3312 ATTEST' (Prin�ipa!} S retary MERCHAL�TT�� BOIVDING COMPANYr�, POWER OF ATTORNEY KnowAll Persons By These Presents, that MERCHANTS BOS�iDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations af ihe State of lowa, dlbla Merchants National Indemnity Company (in California only) (herein collectively cafled the "Companies") do herehy make, constitute and appoint, indi�ic€ually, Allyson W Dean; Ana Owens; Andrea Rose Crawford; Andrew Gareth Addison; 8ryan Kelly Moare; Colin E Conly; Cory Kiper; pebra Lee Moon; Elizabeth Ortiz; Emily Allison Mikeska; Feith Ann Hilty; JoE�n R Ward; Kiinberly Rochelle Gonzalez; Michael Wiggins; Monica Ruby Veazey; Pafrick Thomas Coyle; 5andra Lee Roney; Thomas Douglas 3Noore; Troy Russell Key their true and lawful Attorney(s)-in-Faci, to sign its name as sureiy(ies) and to execute, seal and acknowledge any and alE bnnds, undertakings, contracts and other written instruments in fhe nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranieeing the perFormance of contracts and executing or guaranteeing bonds and �ndertaEcings required or permitted in any actions or proceedings allowed by lew. This Pawer-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board af Directors of Merchants Bonding Company (Mutualj on April 23, 2D11 and amended August 14, 2015 and April 27, 2024 and adopted by the Board nf �irectors of Merchants National Bonding, Inc., on October 16, 2095 and amended on April 27, 2024. "The Presldent, Secretary, Treasurer, or any Assisfant Treasurer or any Assistant Secretary or any Vice PreGident shall have pawer and authority to appoint Attorneys-in-Fact, and to authorize them to execute on beha�f o# the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, conYracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Cvmpany may be affixed by facsimile or electronic transmission to any Power of AYtorney or Certification thereof authorizing the execution and defivery of any bond, undertaking, secognizance, or other suretyship obligafions of the Company, and such signature and seal when so used shall have the same farce and effect as though manually fixed." in cannection with obligations in favvr of the Florida Depariment of TranspartatioR ort1y, it is agreed that the pawer and aut hority hereby given to ihe Attorney-in-Fact inclUdes any and all consents for the release of retained percenkagas andlor fina! estirrfates on engineering and construction contracts required by the 5tate of Florida Department of Transportation. It rs fully understood that consenting to the 5tate of Florida pepartment of Transportation making payment ofi the final estimate to the Contractor andlor its assignee, shall not relieve this surety company af any of its ohligatfons under fts �ond. In connection with ohligations in favor of the Kentucky Department o# Highways oniy, ii is agreed that the power and authority hereby given to the AtYorney-in-Faci cannot be modifed or revoked unless prior written personal notice oE such intent has beer� given to the Commissioner- Department of Highways of the Corr�monwealth of Kentucky at least thirty (30) days prior to the modification or revacation. In Witness Whereof, the Companies have caused this instrument ta be signed and sealed this 13th day of January � 2025 � "��""•+ •"'•• MERCHANTS BON�ING COMPANY (MUTUAL) •'��Q►t��N.'q(��'�. �•�Q�N.r''-.�dil�A. MERCHANTS NATlONA! BdNd1NG, INC. :� �O�I�ORq �� +: m0�0(�POR��9��' dlbla MERCHANTS NATIONAL INDEMNITYCOMPANY jZ:2 t�':d� •�:,? rn. . -O- O. �►-.r. -Q- p: • �� . s :� Zaos : � . � �' 1933 ,� �; By � ."� "�' 's��' '�:• :��.. .';�,; : .. �3� .. • •l�a STATE OF �OWA �� • •�( • ��•` � � � � i� • � ��• President COUNTY OF �ALLAS ss. `"""``� � � � On #his 13Eh day af January 2025 , before me appeared Larry Taylor, to me personally known, who being by me duly swarn did say that he is President of MERCHANTS BdN�]ING COMPANY (1NUTt�AL) and MERCFEANTS NATIONAL BONDWG, INC.; and that the seals afTixed to the foregoing instrument are the Corporate 5eals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respec#ive Boards of Directors. -- - � �� f �` � t� � „p�R1'4�s� Penni Miller � � r Corr�miss�on Numher 78795Z `'� _ �--�— ��'� + • My Commissian Expires ; rOwA ]anuary 20, 2027 �"'�'�""'� Notary Pubi9c (Ex�iration of notary's commission does not invalidate ihis instrument) I, Elisabeth Sandersfeld, 5ecretary of MERCHANTS BON�ING COMPANY (Ml1iUAL) and MERCHANTS NAFI�ONAL BON�ING, iNC., do hereby certify that ihe above and foregoing is a true and correcf copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in ful[ force and effect and has not been amended or revoked. in Wikness Whereof, ! have hereunto seE my i�and anci affixed the seal of t�e Companies on this 18th day of February , 2025 , �.,�...,,, ,. --... ••�;q10N,q� •• �•' p�N.��.-��iltA,. '; ; O�• p0� . : y�•aRP Q/�,4 •ep 0. •' p� �q' 9y • U( t1� � v %''•,2? • G .�•.,<• j2:2 -o- �;d� :�;� _o_ o:�; .a: •x.— � 'v': 2003 :��; � �' 1933 ,•' c; Secretary :d�•. .:��:c . ��;�•-.... ..,;�.ac. �•,d1i��' �""��,� +'•.�' �,�� ,.• POA 0018 (5124) ��'•'•,•••••••••• °• �••• � �� 1'� I� i I� ..�� C� �h I'�: I�1�'Y' IMPORTANT NOTICE To obtain ir�formation or make a complaint: Yau may cankact ypur insurance agent at the telephon� numb�r provided by your insurance agent. Y�u may cafl Merchants Bonding Company's toll-free telephone number for infarmation or to make a complaint at: 1-800-678-8171 You rr�ay contact the Texas Department of Insurance to obtain infarmation on companies, coverages, rights or compiaints at: 1-800-252-3439 You rriay write the Texas Department of Insurance at: P. O. Box 1491 Q4 Austin, 7X 78714-910A- Fax: {512) 475-1 i71 Web: htkp:llwww.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your pr�mium o�- about a ciairn you should contact the agent firs#. !fi the dispu#e is not resol�ed, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is fo� information only and does not become a par� or condition of the attached document. SUP 0032 TX ('l109) Bond #10�305479 1 Z 3 4 5 5 7 TFIE STATE QF TEXAS C�UNTY OF TARRANT SECTION QQ bl 14 PAYMBNT BOND 0061 i4-1 Pr�YhiENT BQAI� Pa�e 1 of 2 � § KN�W ALL BY THESE PRE$ENTS: § S T�tat we, McClendon Constrtactiott Ccam�panv, Inc_, known as "Principal" herein, and 9 Merch�nis Bonding Cam�anv fMutuat�, a corporate surety {sureties), duly authorized to do t4 �usiness in the State of Texas, tcnown as "Surety" fiereir� (whether ane or mvrej, are held and frinIy i� 12 13 14 15 16 bound unto the City of Fort Worth, a munieipal corporatipn created purst�ant to the laws of the State of Texas, knawn as "City" herein, in the penal sum of T�vo Mil liors, Ninetv-Two Thousand, Eipht Hundred and Tweettv-Two F]allars, and Si�tv-Five Cenis {�2.,09�.r87_2.65), lawful money of the United States, ta be paid in Fort Worth, Tarrant Connty, Texas, fof the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administratars, successors and assigns, jointly and severally, firmly by these pzesents: 17 WHEREAS, Principal has entered into a certain written Coniract with City, awarded the 18 28l" day of January, 2025, which Contract is hereby referred ta and made a part hEreof for alI 19 purposes as if fully set forth herein, �o furnish all materials, equipment, Iabor and other accessories 20 as defined by law, in the prosecution of the Work as provided for in said Contract and designated 21 as S Hulen Street Bc W Risinger Road Intersection Improvements, CPN 103312. 22 N�W, THEREFORE, THE CONDITI�N OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (arid all) payment bond beneficiary (as defined in 24 Chapter 2253 oi the Texas Government Code, as aznended} in the prosecution nf the Wark under 25 the Contract, then this obligation sha11 be and beeorz�e null and void; atherwise to remain in full 26 force and e�fect. 27 28 29 30 This bond is rnade and exec�.rted in cotnpliance with the provisions of Chapter 2253 of thE Texaa Gove�ent Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisians of said statute. CITY OF FORT VsJOR"FH S HUL�'� STR�ET & W R[SiNGER ROAD STANDARD CQNSTRt1CTiON SPECTFICATION DOCU�v'(EN"PS INTERSECTION [1+SPRflVEM�1�TS Revised Dcccm6er 8, 2D23 CPN I 03312 4�C114»2 PAYMHiVT $QND Page 2 of2 1 IN WITNESS WHEREOF, the Frincipal arid Surety have each SIGNED and S�ALED 2 this instrument by duly autkaorized agents and offic�rs on this the 18#h day of 3 February �0 2� _ 4 ATTE�T: PRINCIPAL: McClendon Construction Company, lnc. BY; ignature Dan McClendon, President Name and Title 5ecretary as to Principal s b 7 8 9 la � 12 Address: 548 Memorial Plaza Burleson, TX 76024 ��rc�h�ai�ts Bonding Company Mutuai ATTEST: BY: �� 1L��ca�__ tgna re NIA {Surety) Sacretary Emily Allison Mikeska, Attorn�y-In-Fact Name and Title � Y�`� t i��.�iw�,byn witness as tQ �urery Connie Williamson Address: 1 Q23 Canyon Creek Dr. Sui�e 110 Temqle, TX 765�2 Telephone Number: 254-899-$681 Email Address: �r1'll es a ac��sure.cam Note: If signed by an officer af the 5urety, there must be on file a certiiied extract from tl�e byiaws showing that this person has authority to sign such obligation, If Surety's physical address is different fram its mailing address, both rr�ust be provided. `I'he date of the bond shall rzot be prior to the date the Contract is awarded_ END OF SECTION CITY Ol" FORT WflRTFi 5 HULEN STREET &�V RTSIIVGER R�AD STANDARD CONSTRiiCT[ON SPECI�iCATlON DOCUiVfHi�IT5 l?JTERSECT[ON TI�+tPitOVEME�iTS Aevised i]eeember 8, 2t123 CPTti IQ3312 .�V�E RC HA�TT� B�NDING COMPANY,A, POWER OF ATTORNEY KnowAll Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONdING, INC., both being corporations of the State of lowa, dlbla Merchants National Indemnity Company {in California only) (herein collectively caAed the "Companies") do hereby maEce, constitute and appoint, individually, Allyson W Oean; Ana awens; Andrea Rose Crawford; Andrew Gareth Addison; Bryan Kelly Moore; Colin E Conly; Cory Kiper; Debra Lee Moon; Elizabeth Or�iz; Emily AElison Mikeska; Faiih Ann Hilty; John R Ward; Kim6erly Roche€le Gonzalez; Michael Wiggins; Monice F2uby Veazey; Patrick Thomas Coyle; Sandra Lee Raney; Thomas �ouglas Moore; Troy Russel! Key their true and lavrful Attorney(s)-in-Fact, to sign its name as svrety(ies) and ta execute, seal and acknowledge any and ali bonds, undertakings, contrac�s ar�d other written instruments in ihe nature thereof, on behalf of the Corr�panies in their business of guaranteeing the fidelity of persons, guaranfeeing the psrFormance of contracts and executing or guarenteeing bonds and undertakings required or permitEed in any actions or proceedinqs allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and 6y aufhority of the faflowing 8y-Laws adapted by the Board of Dir�ctors of Merchants Bonding Company (Mutual) on April 23, 2Q11 and amended August 1a, 2015 and April 27, 2024 and acSopted by the 8oard o� Directors of Merchants Nafional Bonding, Inc., on Octoher 16, 2015 and amended on April 27, 2Q24. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shalf have power and auihority to appoint Attarneys-in-Fact, and to authorize them to execufe on behalf of #he Company, and attach the seal of ihe Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The sig�ature of any authorized ofiicer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship ob[igations of the Company, and such signature and seal when so used shail have the same force and effect as though ma�ually fixec4." In connection wifh o6ligations in favor of the Florida Department of Transportation only, it is agreed tha# the power and aut hority hereby given io the Attorney-in-Fact includes any and all cvnsents for the release of retained percentages and/or final estimaYes on engineering and construction confracts required i�y the State of Fforida Department o# Transportation. It is fully understood that consenting to the State of Florida Department o(Transportation maEcing payment of the final estimate to the Contractor andlor its assignee, shall not relieve this surety company of any of its obEigations under its bond. In connection with obl}gations in favor oi the Kentucky Department of Highways only, it is agreed that the power and authoriEy hereby given io the Attorn�y-in-Fact cannat i�e modifled or revoked unless prior written personal noiice of such intent has been given to the Commissione:- �epartment af Highways of the Gommanwealfh of Kentucky at least thirty {30) days prior to the mocfification or revocaiion. En Witness Whereof, t�e Companies have caused this instrurrient to he signed and sealed this 'I3fh day of January � 2p25 • ''��;��Nq+��. •�r�N'�: � +�� MERCHANTS BONDIPlG COMPANY (MUTUAL) `. �P,..••••••. � e.,� �. �O� -� • ••��SJA. • MEi3CHANTS NATIONAL BONDING, INC. ; h;-Q�tPOR,q�.. p; �m0,•OF1PQ 9'. dlbla MERCHANTS NATIONAL INDEMIVITY COMPANY .1� ' G >`�•.Z = • � • Ga '4.� :yt . �a.�� -o- D:dC �r-:�" -p- �p: • � 'v�. 2003 `,�;` ;�'•� 1933 �e: Bv � : � , rCy. � :�''•. .�'� .� . •.,��y�.. .....�a, •,d,��y......••�a. STATE OF IOWA �'•,�� ` �, `�• ' . � � �� • P�SSident • • COUNTY �F DALLAS ss. `�"",••+' • � • • On ihis 13th day of January 2425 , before me appeared Larry Taylor, to me persnnally known, who being by me duly sworn did say that he is President of MERCHANTS BO�fDING COAIiPANY (MU7UAL) and MEF2CHANTS NA710NAL BON�ING, IEVC.; and that the . seals a'ffixed to the foregoing instrument are the Corporate Seals of the Companies; and ihat the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boerds of Directors. --"' � P�1A� s� Penni Miller �� A_-�_ � h I ^�� "� �� Z � � Commission Num6er 78795� 'x - � • My Commission �xpires 'k-., � � �� r ioWP January 2d, 2fl27 Nofary Public {Expiration of notary's commission does not invalidate this instr�ment} I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPAfVY (MUTUAL) and MERCHA�fTS NATIONAL BpEVDING, INC., do hereby certify #hat the above and foregoing is a true and correct cppy of the POWER-OF-ATTpf�NEY executed by said Companies, which is siill in full force and effect and has nof been amended or revaked. In Witness Whereof, I have hereunto set my hand and affixed the seal af fhe Gompanies on this 38th �ay o� February , 2025 , *�,.�..�.,,,, �...»_... :��P�`POA��'• •�O��,RpO a�'O9'. R R a. •m R • . ,n : f.y:'ca� '4J� •. � s i � � c,� '9.� :Z.c � �� :��J2 _a_ �•;G= •►—:� -o- �;�. -a� .z. ' v': 20Q3 y4'x)�� • y' �933 : �• 5ecretary . : � ; vJ•�•. .la�. :d��. :��.;; ..Vy�� Ll' , � �. J �.f � `'�1 � • . . . � • POA 0018 {6124) """'"'" � � .� � �� _�� i ��}�� IMPoRTaNT NoTrcE To obtain informatiar� or make a complaint: You may contact your insurance agent at the telephone number provid�d by your insurance ager�t. Yau may call Merchants Bonding Campany's toll-free telephone number for infarmation or to make a compfaint af: 1-500-678-8179 You may contact the Texas Department of I�s�arance to obtain in�ormation an companies, co�erages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: F'. O. Box 149104 Austin, TX 78714-9104 �'ax: (512} 475-� 771 Web: http:llwww.tdi.state.tx.us E-mail: ConsumerProfection@tdi.state.tx.us PR�MIUM AND CLAIM DISPUTES: Should you ha�e a dispute concerning yaur premium or about a claim you should contact the agent first. ]f the dispute is nat resol�ed, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for informatian only and does not become a part or condition of the attached document. 5UP 0032 TX (1/09) Bond #10�305479 t 2 3 4 5 6 7 8 E ]0 THE STAT� QF TEXAS COUNTY OF TARRANT SECTION OQ 61 19 MAINTENANCE BOND f1Jei i9-I ltAIi�TEii,'1'�iC£ 80\T3 Pst;e ! of 3 § § KNOW ALL SY THESE PRE8E1'�TS: § That we, McClendon Canstruction Corr►„�a�, Inc., known as "Principal" herein and Merchants Bonding Com�anv (Mutual). a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (wi�ether one or mor�), ] I are held and firmly bound unto the Ciry of Fort Warth, a municipal corporation created pursuant to 12 the laws of the State of Texas, known as "Ciry" herein, in the sum of Two Million, Ninetv-Two 13 Thausand. Ei ht Hundred and Twen -Two Dallars and Six -Five Cents $2 Q92 822.65 lawful 14 money of the United States, to be paid in Fort Worth, Tarrant Counry, Texas, for payment of which l 5 sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns, jointly and severally, firmly by these pr�sents. 17 WH�REAS, the Principal has entered into a certain wntten contract with the City awarded !8 19 za 21 22 23 24 the 28th day of danuary, 2025, which Contract is hereby referred to and a nnade part hereof for all purposes as if fully set forth herein, to furnish alI rnaterials, equiprnent labor and other accessories as defined by law, in the prosecukion of the Work, including any Work resulting from a duly authorized Change Order (�ollectively herein, the "Work") as provided for in said contract and designated as S Hulen Street & W Risinger Road Intersection Improvements, CPN 103312. WHEREAS, Principal binds itself to nse such materials and to so construct the Work in 25 accordance with the plans, specifications and Contract Documents that the Work is and will remain 26 free from defects in materials or warknanship for and during the period of two (2) years after the 27 date of Final Acceptance of the Work by the City {"Maintenance Period"); and zs 29 30 3l WHEREAS, Principal binds itself to repair or reconstruc� th� Work in whole or in part upon receiving notice frorn the City of the need therefor at any time within the Maintenance Period. t;fT`�' C)i� 1=(�RT 1��:'f)i2'[�t-i 5 i{iJI..E'� STT�E�T �u !4' Rfti€tiGC2 RU.A� Sl�.-�VDAR� t:O�ST'Ri:C'T[(]� �i'ECiF[�'AT[C�� DOi'iJtitl::tiTS I�'TERS�CTE��:r i�e(PRi��'E!4i�:tiTS Rec� iticd I]cccn�'�cr d, =U�..i l:F'V , O.i � I Z 1 2 3 4 5 6 i 8 9 iQ !1 12 13 14 15 lb 17 18 19 ao6i �9-z MAfN?'ENANCE Bt)ND Page 2 of 3 NOW THEREFORE, the con�ition of this obligation is such that if Principal shall remedy any aefective Wark, for which timely notice was provided by City, to a comp[etion satisfactory to the City, then this obligation shall become rtuIl and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reeonstruct any timely noticed defective Woric, it is agreed that the City rnay cause any and all such defecti�e Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under tt�is Maintenance bond; and PROVIDED FURTHER, that if any legal action 6e ftled on this Bond, venue shall lie in Tartarzt County, Texas or the United States District Court for the Norti�ern District of Texas, Fort Worth Di�ision; and PRQVIDED FUI�THER, that this obligation shali be cantittuous in nature and successive recover�es may be had hereon �'pr successive breaches. CITY OF FORT WORTH S Ii[ILEI` S�'[tEET &�V R1SlNC;£R ROAll STA7V3.3ARLl CONSTRL3CTIOwi SPECTFTCA'FtON DOCTJMENTS I(�iTERSECTION IMPROVE�ENTS Aevised DeCember $, 2023 CP1�" 103312 aos� i9-3 �v1qi1l�TENAIVC$ BpND Page 3 of 3 1 IN WITNES5 WHEREOF, the Principal and the Surely have eack� SIGNED and SEALED this 2 insttvment by duly authorized agents and officers on this the 18th day of F�brL�ary 3 , 20 25 � 5 6 7 8 9 10 i r a�T �e: 12 13 14 rincipa ecreta3y i5 l6 17 i8 19 20 itness a �nc�pal 21 22 23 24 25 26 27 2s 29 A,TT�ST: 30 3 � NIA 32 (Surety Secretary 33 Q ; J_�• j� 34 MLs�I � LV k ic�t+� � U�y.e� �s wi�r�ess as �o surery onnie Williamson 36 PRINCIPAL: McCle n Construct�on Com any, Inc. BY: � Signature Dan McClendon, President Name and Title aaa��ss: 548 Memorial Plaza _,B,u,rleso„n,, TX 78024 ��ercriants Bonding Cam�any Mutual BY: ` Gf�"""�"''L- / !, �f�� Emily Allison Milc�ska, Attarn�y-In-�act Name and Title Aaar�ss: � a�3 Canyan Creek Dr. Suite 110 TPmpJP. TX 7�5(l2 Telephone Number: 254-$�g-86$� �mail Address: ,, _,pmikPskanar.risi � r�. Cc�m 37 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified ex�ract 39 from the by-laws showing that this person l�as authority to sign such obligation. If 40 S�irety's physical address is diffszent fiom its mailing adcEress, bath must be provided. 4I The date of the bond shall not be prior to the date the Contract is awarded. 42 CiTY QF FORT VIORTH S HULEN STREET & W Ri51NGER 3t�AD STANDARD COt+1STRliCTIO�I 5PECTFSC,4Tf0� [�OCUMEIVTS INTERSECTTON [MPROVEMENTS Aevised December 3, 2fl�3 CPN I03312 �V�.ER�HA_�TTS�+� BONDI�IG CCJMPANY:�, POWER OF ATTORNEY KrtowAll Persons By These Presents, thaY €v1ERC}iANTS BONDING CO3vIPANY (MUTIJAE�) and MERCHANTS NATiOM1lAL 603vf�ING, INC., both being corporations of the 5tate of ]owa, dlbla Merchants National IndemRity Company (in California only) (herein coileciively celled the "Companies") do hereby make, consiitufe and appoint, individualfy, Allyson W Qean; Ana Owens; Andrea Rose Crauvford; Andrew Gareth Addison; Bryan Kelly Moore; Colin E Canly; Gory Kiper; Debra Lee Moon; Elizabeth Ortiz; EmiEy AIlison Mikeska; Faith Ann Hilty; John R Ward; Kimberly Rochelle Gonzalez; Michael Wiggins; Monica Ruby Veazey; Patrick Thomas Coyle; 5andra Lee Rorrey; Thornas aauglas Maore; Troy Russe€I Key their true and lawfu[ Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all boRds, undertakings, contracts and other written instruments in the nature thereof, on behaii of tY�e Companies in their business of guaranteeing the fideliry of persons, guaranieeing the performance of contracts and executing ar guaran#eeing bonds and ur�dertakings required or permitted in any actions or proceedings allowed hy iaw. This Power-of-Attorney is granted and is signed and sealed by facsimile under and 6y authority of ihe following By-Laws adopted by the Board of Directors of Merchanis 8onding Company (�lrlutual) on Aprif 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopterf by the Board of Directors o# Merohanfs National Bonding, Inc., an October 16, 2015 and amended on April 27, 2024. °The President, Seeretary, Freasurer, or any Assistant Treasurer or any Assistant Secretary or any V�ce President shall have power and authonty to appoint Attorneys-in-Fact, and to autharize them to execute on 6ehalf of the Gampany, and attach the seal of the Gompany thereto, 6onds and undertakings, recognizances, contracts o# indemnity and other writings ohligatory in the nature thereof." "The sigrtaiure of any authorized o�cer and the seal of the Company may be afFixed by facsimile or electronic transmission to any Power oE Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o bligations o# the Company, and such signature and seal when so used shall have the same force anci effect as though manually fixed." In connection wifh obligations in favor o€ the Florida Depar�ment of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any antf all cansenis for the release of retained percentages andlor final estimates on engineering and construcfion contracts required by the State of Florida Department of Transportation. It is fully understood that consenting ta the Sfate of Florida Department of Transportation making payment oi the final estimate to the Contractor andlvr its assignee, shall noi relie�e this sureky com�any of any of its obligations under its bond. In conr�ection with obligations in favorof the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to ihe A#torney-in-Fact cannot be mpdified or revoked unless prior written personal notice of such intent has beero given to the Commissioner- Department of Highways of ihe Commonwealth of Kentucky at leasi thirty {3D} days prior to the modification or revocation. In Witness Whereo€, the Companies have caussd this instrument to be signed and sealed this � 3t� day of January • 2�25 • +•"`��"'• ••'"'••. MERCHANTSBONDENGCOMPANY(MUTUALj `��,P'�.�Q .��.p<�•�.�. f•�Q�� •��ihA.� MERCHANTS NATIONAL BONd1NG, INC. ``j ,: �EL /Q,�' O+ ;�O.'pFl�i�R ' 9•� dlbla MERCNANTS NATIQNAL INDEMNITY COMPANY .�:�Cr j'�:y- ; �G '9.�•yc. Vs, • � :a: -O- 0;�= +r�-.? -o- a; . :v': 2003 ;��; :a�' 1933 ��: BY � , y�., .-�y. � • d'••. .� . : • ,� • . •a ,• '.� � �: � � '�!Z/" "" � L1 • Presrderrt .� ".....••.� . • �� . STA7EOFIOWA •�, �.'t �.,, •�� • �Il�i� ■Y�l • • COUNTY OF DALLAS ss. On this 13th day of Jan�tary 2025 , before me appeared Larry Taylor, to rrae personaAy known, who being by me duly sworn did say ihat he is President of MERCHANTS BpNplf�iG COMPANY (MUTUAL} and MERCHAi�TS NATIONAL BON❑ING, INC.; and thai the seals affixed ta the foregoing insErument are the Corporate 5eals of the Companiss; and that the said instrument was signed and sealed in behalf af the Campanies by authority of their respecti�e 8oards of Directors. �_-_ --- ,'' �--•-.,4� ,�P��A� s� P�nni Miller �' ��`�� - ' � �� Commission Number 787952 '•s • • My Commission Expires �,� �� ; rpWA lanuary �Q, Z�Z7 Noiary Public (Expiratian o� notary's commission does not invalidate this insirument) I, Elisabeth 5andersfeld, 5ecretary of MERCHANTS BONDENG COMPANY (MIJTIJAL) and MERCHANTS NATIONAL SONdING, INC., do hereby certify that the above and foregoing is a true and carrect copy of the POWER-OF-AT7QRNEY exeeuted by said Companies,which is siill in full force and effect and has noi been amended or revoked. In Witness Whereof, I have hereUnto set my hand and affixed the seal of the Campanies on this �$t� day of February , 20Z5 . ��\��Aaa�� i�� • .�•P�IONq�'•.: .'�0��'�•�Q!l>' • y y DµPOlpq-eQ: � �4?0[��PD9q`�4y.� :r.•V l�'•..Z=, ��„:cs �•..�. � ?z:2 �:C: .�-.;� -o- a;�: L�( -a -O" ��- •�•� . :x' �. 2QQ3 :��, � y' 1933 ,' �; secretary : � •. . ; ��_ a�:' �'.a.1�� •........•.;�t1�o' '. ��;" �; L1_�� POA Q018 (6124) ��'•",�:..,••'� ~ °� •..... �� . �� i��i ��.�� IMpORTANT N4TI�E To obtain �nforrnation or make a complaint: You may contact your insurance agenf at tF�e telephone number pra�ided by your insuranc� agent. You may call Merchants Bondi�g Campany's tofl-free telepi�one number for information or to make a compfaint at: 1-800-678-8171 You may contact the 7exas �epartment a� Insurance #o obtain information on companies, eoverages, rights or camplaints at: 1-800-252-3439 You may write �he Texas Departmer�t ofi insuranee at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512} 475-1771 Web: http:llwww.tdi.state.tx.us E-mail: ConsumerProtection@tdi.s#ate.tx.us PREMIUM AND CLAIM DISPUTES: 5hould you have a dispute concerning yaur premium or about a claim you should contact the agent fErst. {f the dispute is nat resoEved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This nat�ce is for informatian on�y and does not become a part or cond�tion of the attached document. SUP 0032 TX (1109) 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 CITY OF FORT WORTH S HULEN STREET & W RISINGER ROAD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS INTERSECTION IMPROVEMENTS Revised July 1, 2011 CPN 103312 SECTION 00 61 25 1 CERTIFICATE OF INSURANCE 2 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 � � THtS ENDORSEMENT CHANGES THE POL,ICY. PLF�#SE READ 1T CAREFULLY. CONTRACTOR'S BLANKET FLEX ADDITIONAL INSURED END�RSEMENT - FORM A This endorsement modifies insurance pro�ided under the folfowing: COMM�RCIAL GENERAL LIABILITY COVERAGE PAR7 Policy Number Agency Number Policy �ffective �ate CPP 21198860301 1/31/2025 Poiicy Expiration Date Date Account Number 'I/3112026 Named lnsured Agency Issuing Carnpany McClendon Constructian Campany, Inc. Acrisure Texas Risk Advisors & Amerisure Insurance Company 4 r nce S LLC A. SECTfON II - WHO ES AN INSURED is arr�ended to add as an additianal insured: 9. Any person ororganization with whom you ha�e agreed in a"written agreement" that such �erson or organization be added as an additional insured on this policy, and any other person or organization you are required tv 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, bui: a. such caverage will apply only for 30 calendar days following the date the written le#ter of intent or written wnrk order was issued; and b. the person or organization is an additional insured oniy far, and to ihe extent of, iiabi�ity arising out of "bodily injury", "property damage", or "personal and ad�ertising injvry" caused, in whole or in part, by your negligent acts ar omissions, ar the negligent acts or omissians of others working on your behalf, in ih� perFormance of your work as specified in the writ�en letter of intent or written work order. This coverage does nat apply to liabiiity arising out of the independent acts or omissions of the additional insured. For the purposes of the co�erage pro�ided by this endarsement, a"written agreement" means a written contract or written agreement that: �E. requires you to include a pe�son or organization as an additianal insured for a period of time cfuring the policy period; and 2. is execuied prior to the occurrence of "badily injury", "property damage", or "personal and advertising injury" that forms the basEs far a claim under this policy. The insurance pro�ided by this endorsement does not apply to any person or organization that is specificaily listed as an additional insured on another endorsemeni attach�d to this policy. CG 73 24 03 23 indudes copyrighted material of the Insurance Servicas �ffice, Inc., with its permission Page 1 of 3 B. The co�erage provid�d to any person ororganization added as an additional insured pursuant to Paragraph A.1 is limited as folfows: 1. If the "written agreement" specifically and exclusi�ely requires you to name the person oF arganization as an addi#ional insured using ti�e ISO CG 20 10 endnrsement with edition dates of 11 85 or 10 (31, or the ISO CG 20 37 10 0'i enr�orser�ent, that person or organizatio� is an additional insured, but only with respect to liability for "bodiEy injury", "proper#y damage", or "personal and acl�ertising injury" arising out of "your work" for that insured by or for you. 2. If the "writien agreement" req�ires you to name the person or organization as an acfditional insured �asing the (SO CG 20 10 and or CG 20 37 endorsements witho�t specifically and exclusi�ely requiring the 11 85 or 10 01 edit�on dates, thai person or organization is an additiona[ insured, but only with respect #o liability fo� "bodily injury", "property damage", or "personal anc� ad�ertising injury" caused, in whole or in park, by your acts or omissions or the acts or omissions of those acting an yaur behalf. 3. If the "writ�en agreement" requires you to name the person or organization as an additionaf insured for operations arising out of your work ar�d doss not specify an ISO adclitional insured endorsement, #hat person ar organization is an additional insured, but only with respect to (iability for "bodily in}ury", "property damage", or "personal and adverfiising injury" arising out of your acts or omissians, or the acts or omissions of oth�rs working on your behalf, in the performance of yotar wark as specified in the "written agreement"_ This co�erage does not apply to fiability arising out af the sole negligence o� the additianal insurecf unfess specifically required irrthe "written agreement". 4, If none of the abo�e paragraphs apply, then the persan or organization is ar� additional insured onfy for, and to the ext�nt of, liability arisEng out of "bodily injury", "property damage", or "personal and ad�er�ising 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 #he pertormance of your woric as specified in the "written agreement". 7'his coverage does �ot apply �o liability arising out of ihe independent acts or omissions of #he additional insured. Hawe�er, #he insurance afForded to such additional insured oniy applies to the extent perrr�itted by law. C. The insu�ance provided to an addi#ional insured under this endorsemen# does not app[y to: 1. "8odily injury" or "property darnage" included in the "products-completed operations hazard" unless the "written agreemeni" specifica[fy requires such co�erage {including by specifically requiring the CG 20 10 11 86). To t�e exient the "written agreement" requires such coverage for a specified amount of time, #he co�erage pro�ided 6y this endorsement is limi#ed to the amount of time required for such coverage by the "written agreernent". "Bodi{y injury", "property damage", or "personal ancE advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, ir�cluding but no# limited to: a. The preparing, approving, ar failing to prepare or approve: (1) Maps; (2) �rawings; (3) Opinions; (4) Reports; (5} Surveys; (6) Change orcfers; CG 73 24 03 23 Includes copyrighted material of the lnsurance 5srvices Office, Inc., with its permission Page 2 of 3 (7) Desigrt specificatians; arocf b. Supervisory, inspection, or engineering services. D. The limits of insurance #hat apply to tl�e additional insured are the Eeast of those specified in the "written agreemenY' or declaraiions of this poiicy. Co�erage pro�ided by this endorsement for any additional insured shall not increase the applicabie Limits of Insurance shown in the �eclarations. The lirnits of insurance ihat apply to the additiona4 insured are inclusive af, and not in addition to, the �.imits of Insurance shown in the Declara#ions. E. With respect to the co�erage pro�ided by this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITiONS, Paragraph 4. Other Insurance is deleted and replaced with khe following: 4. Other Insurance. a. Co�erage pro�ided by this endorsement is excess over any ather �alid ancE collectibke ins�rance available to the additionai insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On ar�y other basis. In addition, this insurance is excess a�er any self-ins�red retentions, deductibles, or capiive retentions payable by the adckitional insured or payabl� by any person or organization whose coverage is available to tha additiona! insursd. However, if the "writ�en agreement" requires prir�ary and non-contributory co�erage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which co�ers that person ar organization as a Named Insured, and we will not share with that other insurance. For any other insurance a�ailabie to the additional insured where t�at person ar arganization is not a Named Ir�sured, ihis palicy wilf share co�erage with that other insurar�ce based on the terms speci#ied in Paragraph 6. Method of Sharing be�ow. h. Method of Sharing If a�� the other insuranc� permits contribution �y equal shares, we will follow this me#hod also. Ur�der this rr�ethod, each insurer contributes equal amounts until it has paid its appl�cable limit of insurance or none af the loss remains, whiche�er comes first. if any of the other insurance does not permit contribution by equal shares, we will contribute by limits. lJnder khis method, each insurer's share is based an the ratia of its applicab{e limit of inst�rance to the total applicable limits of insurance of all insurers. CG 73 2�4 03 23 Indudes copyrighted material af the Insurance Services Office, Inc., with its permission Page 3 af 3 NAMED lNSEiRED: McClendon Construction Company, Inc. POLECY NI�MB�R: CPP 21198860301 THIS ENDORSEMEN7 CHANGES THE POLICY. PLEASE READ IT CAREF�LLY. TEXAS CONTRACTOR'S GENERAL L�ABILITY EXTENSf�N ENDORSEMENT TABLE OF CONTENTS P 1. Additional Definitions 2. A re ate Lir�its Per Location 3. A re ate Limits Per pro�ect 4. Blanket Contractual Liabilit — Railroads 5. Broadened Bodil In'u Co�era e 6. Broadened Knowled e Of Occurrence 7. Broadened Le al Liabilit Co�era e Far Landlord's Business PersonaE Pra ert 8. Broadened Liabilit Co�era e For Dama e To Your Praduct And Your Work 9. Broadened Who !s An fnsured 10. Co-Employee Bodily injury Co�erage for Managers, Supervisors, Dir�ctors or Officers see rovisian 9, Broadened Who is An Insured, ara ra h 2.a. 1 11. Cantractual Liabilit — Personal And Advert9sin In'ur 12. Dam2� e To Premises Rented Ta You — S eciffc Perils and Irtcreased Limit 13. Desi nated Com leted �ro�ects — Amended �imits af Insurance 14. Exter�ded lVotice 4f Cancellation And Nonrenewaf 15. fnciden#al Mal ractice Liabilit 16. Increased Medical Pa meRts Limit 17. Mobiie E ui rnent Redefinec! � 8. Nonowned Watercraft 19. Product R�call Ex er�se 20. �ro ert Dama e Liabili — AGena#ed Prernises 21. Pro ert Dama e Liabilit — Elevators And 5icletrack A reements 22. Praperty Damage Liability — Property Loaned To The insured Or Personal Property In Th� Care, Custod And Control Of The Insured 23. Reasonable Force — Bodil In�u or Pro ert Dama e 24. Su lementa Pa ment5 25. Transfer Of Ri hts Blanket Waiver Of Subro ation 26. Llnintentional Failure To Disclose Hazards Includc�s copyrighted material af Ensurance 5ervices Office, inc. CG 70 63 04 17 � � . � . Page 1 of 1 �E This endarsement modifies insurance provided under the #o[lawing: C4MMERCIAL GENERAL LIABkLITY COVERAGE FORM Under SECTION I— COVERAG� A, BODILY INJURY AND PROPERTY DAMAGE LIABILiTY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endarsement are excess o�er any �alid and callectible insurance (including any deductible) a�ailable ta the insured, whether primary, excess ar contingent (SECTION tV — COMMERCIAL G�N�RAL LIABILITY C4NDITIONS, paragraph 4. Other Insurance is changed accardingly). Provisions 1. through 6. af this endorsement amend the policy as foElaws: 1. PROPERTY �AMAGE I.IABILITY — ALIENATED PREMISES A. Exclusion j. D�mage 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 "yaur work" and wer� n�ver occupied, rented or helcf far rental by you. 2, PROPERTY DAMAGE LIABILI7Y — ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. D�mage to Propel'ty, paragraphs (3), �4), and (6) do not apply to the use of elevators. B. Exclusion k. Dam�ge to Your Prad�Ct daes not apply to: 1. The use of elevators; ar 2, Liability assumed under a sidetrack agreement. 3. PROPERTY DAMAG� LIABILITY — PROPERTY �,OANED TQ 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 "properry cfamage" that exceeds $25,000 per occurrence ar $25,O�Q annual aggregate. 4. PRODUCT RECALL EXPENSE A. Exclusion n. Reca�l of Products, Wark or Impaired Property does not apply to "product recall expenses" that you incur for the "co�ered recall" of "you� producY". 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, quaiity, durabiiity or pe�formance; 3. Loss of customer approval or any cost Encurred to regain customer approval; 4. Redistribution ar re�lacement of "your product", which has been recalied, by like products or substitutes; 5. Caprice ar whim of the insured; 6. A condition likely to cause lass, about which any insured knew or had reasan to know at the inception of tY�is insurance; 7. Asbestos, inclucking Eoss, damage or clean up resulting frorrE asbestos or asbestos containing mater9als; $, Recall of "your product(s)" that have no known or suspected defect solely I�ecause a known or suspected defect in another of "your praduct{s}" has been founcl. B. tJnder SECTION III — L.IMITS 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: [ncludes copyrighted materia[ of Insurance Services OfFice, Inc. Page 2 of 11 CG 70 63 0417 a. Darr�ages under COVERAGE A B4DI�Y INJURY AND PROPERiY DAMAGE LiABILITY because ofi "bodily injury" and "property damage" ir�cluded in the "praducts-completed �pera#ions hazard" and b. "Product recall ex�enses". 8. Subject to paragrap� 5. above [of #he CGL Covarage Form], $25,000 is the most we will pay for all "product recail exper�ses" arising out of the same defec# or deficiency. 5. NONOWNED WATERCRAFT Exclusion g. AircrafC, At�tO or WaterCr�ft, paragraph {2} is deleted and repEaced with the following: [This exclusion does not apply ta:] {2) A watercraft you da not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or praperty for a charge; 6. BLANKET CONTRACT�AL LtABILItY — RAILROADS Under SECTION V— D�FWITIONS, paragraph c. o# "Insured Contrac#" is deleted and replaced by the fol lowing: c. Any easement or license agreement; Under SECTION V— DEFINITlON5, paragraph f.('1) of "Insured Contract" is deleted. 7. CONTRACTUAL LIABILITY — PERSONAL AN� ADVERTISING INJURY Under SECTiON I— COVERAGE B., paragraph 2. EXCIUSfO11Sy paragraph e. Contractuat Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Under SECTION I— SUPPL�M�NTARY PAYMENTS — C4VEI�AG�S A AND B, paragraph i.b. is c{eleted and replaced with the following: 1. b. Up to $5,pOQ for cost of bail bonds required because af accidents ar traffic law violatians arising out of the use �f any vehicls to which the Badiiy Injury Liability Co�erage appfies. We do not have to furnish these bonds. 9. BROADEN�D WHO IS AN INSUREp SECTION !I — WHO IS AN INSURED is deleted and replaced with the fouowing: 1. !f you are designated in #he Declarations as: a. An ind+vidual, yau and your spause are insureds, but only with respect to the conduct ot a business af which you are the sole owner. b. A partnership ar joint venture, you are an insured. Yaur merrtbers, your partners, and their spouses are alsa insureds, but only wifh respect to the conduct of your business. C. A fimited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of yflur business. Your managers are insureds, f�u# onfy with respect to their du#ies as your managers. d. An arganization other than a partnership, �oint venture or Iirtlited liability company, you are an insured. Your "executi�e officers" and directors are insureds, bui only with respect to their duties as yaur officers or directors. Your stockhalders are also insureds, but only wiih respect to their liability as stockholders. Includes copyrighted materia! of Insurance Services Office, Inc. cG�os3a4�7 Page 3 of 11 2. Each of the follawing is also an insured: a. Your "�oiunteer workers" only while performing duties related to the conduct of your business, or your "employees," other than either yaur "executi�e afficers," (if you are an organizatian ather than a partnership, joint �enture or lirnited liability company) or your rr�anagers (if yau are a limited liability company), but onfy for acts wiihin the scope ofi their employment [7y you or while performing duties related ta the conduct of yaur business. Howe�er, none of these "em�loyees" ar "�oiunteer warkers" are insured for: (1) "Sadily injury" or "personal and advertising injury": (a) To you, ta your partners or members (if you are a partnership ar joint venture}, to your members (if you are a limited liability company}, ta a co-"employee" while in the course of his or her empfoyment or performing duties related to the conduct of your business, or #o your ather "�olunteer workers" while performing duties relaied to the canduct of your business; (b) To the spouse, child, parent, brother ar sister of that co-"employee" or rrofun#eer worker as a cansequence af paragraph (1 }(a) above; {C} Far which there +s any obliga#ion to share damages with or repay someone else who must pay cEamages because of the injury described in paragraphs (1)(a) or (k�) above; or {d) Arising out of his or her pro�iding or #ailing ta pro�ide �arofessiona! heaEth care services except as provided in Provision 10. of this �ndorsement. Paragraphs (1)(a), (1)(b) anci t1){C) abo�e do not apply to yaur "emplayees" who are: (i) Managers; (ii) Supervisars; (iii} Directors; or (i�} officers; with respect #o "I�adily injury" #o a co-"employee". (2) "Property damage" to property: (a) Ownad, occu�ied or used by; (b) Rented to, in the care, custody or coniral of, or over which physical control is being exercised far any purpose by you, any of your "employees," "volunteer warkers", any pariner or rnerr3ber (ifi you are a partnership nr joint venture}, or any member (if you are a limi#ed liability campany}. b. Any person (ather than your "empiayee" or "�olunteer warker"), or any organization while acting as your real estate manager. c. Any person or arganization having proper tem�arary custody af yaur property if you die, but only; (1) With respect ta liability arising aut of the maintenance or use of that properry; and (2} Until your legal represen#ative has been appointed. d. Your legal representative ifi you die, but anly with respect to duties as such. That representative wiEl ha�e all yaur rights and duties under this Co�erage Form. e. Yaur subsidiaries if: (1) They are legally incorporated entities; and (2) You own mare than 50% of the �oting stock in such subsidiaries as af the effective date o# this paiicy. If such subsidiaries are not shown in the �eclarations, you must repart thern to us within 18Q days of the inceptian of your original policy. Inckudes copyrighted material of Insurance Services Office, Inc. Page 4 of 11 CG 70 63 0417 fi. Any person or organization, including any manager, owner, lessor, mortgagee, assignee or recei�er of premises, ta whom you are obligated under a written contract to provicEe insurance such as is afforded by this policy, but or�ly with respec# ta liabilify arising out of the ownership, maintenance or use of that part of any premises or land leased to yo�, including common or public areas abaut such premises or land if so required in the cantract. However, na such person or arganization 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} Structura! alterations, new construction or demoli#ion operatians performed by dr on behalf of such persan or organization. g. Any state or political subdivEsion but ar�ly as respects legal liability incurred by the state or palitical subdi�ision sofely because it has issued a permit with respect to operations performed by yau or on your bet�alf. However, no state or politic�l subdivision is an insured with respect to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operatians performed for the state or rnunicipality; or (2) "Bodiiy ir��ury" or "property damage" included within the "products-compl�ted operatians hazard." h. Any person or arganization who is the lessor of equipment leased to yau, ta whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but anly with respect to their liability arising out of the maantenance, operation or use of such equipment by you or a subcontractor on yaur behalf with your permission and �ncler yaur supervision. However, if you have entered into a construction cantract subject to Subchapter C of Chapter 151 of 5ubtitfe G of Title 2 of #he Texas Insurance Code with the additional insured, the insurance afforded to sueh person(s) or arganizatian{s) only applies ta the extent permitted by Subchapter C of Chapter � 51 of Subtitle C of Title 2 of the �fexas Insurance Code. No such person or organiza#ion, however, is an insured with respect to any "occurrence" tha# takes place after tl�e equipment lease expires. i. Any architect, engineer, or sur�eyor engaged by you und�r a writte� contract but only with respect to IEa�aili#y arising ot�t of your premEses or "your work_" However, if you have entered inta a cons�ruction cantract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the iexas Insurance Code with the additional insured, the insurance afforded to such person oniy applies to the extent permitted by Subchapter C of the Chapter 151 of Subtitle C of i"itle 2 of the Texas Insurance Cade. No architect, engineer, or surveyor, howe�er, is an ir�sured with respect to "bodily injury," "praper�y damage," ar "persanal and ad�ertising injury" arising out of th� rendering af ar the failure to render any professional services by or for yflu, incfuding: (1) The preparing, approving, or failing ta prepare or approve maps, drawings, apinions, reports, surveys, change orders, designs or specifications; or (2) Supervisary, inspection, or �ngineering services. This paragraph i. does not apply if a separate Addit9onal Insured endorsement providing liabiiity coverage for architects, eRgineers, or surveyors engaged by you is attached to the policy. If ihe written contract ar written agreement requires primary �nd non-cantributory c�v�rage, th? i�?s��rance pro�ided hy paragraphs #. through i. above will be prirr�ary 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 5h�re with th�t Dther ir�suranc8. 3. Any organization you newly acquire or form, other than a�artnership, joint venture ar limited iiability company and over which you maintain ownership ar majority in#erest, wi�l qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provisian is afforded only until the end af the palicy perind; b, Coverage A does not apply to "bodily injury" or "property damage" that occurr�d before you acquired or formed the organization; Includes copyrighted material of Insurance 5ervices Office, Inc. CG 7Q 63 Q417 Page 5 of 'i 1 c. Co�erage B does not apply to "personaf and adverCising injury" arising out of an offense commiited be#ore you acquired or formed the arganization. d. Coverage A does nat apply to "product reca�l expense" arising out of any withdrawal or recall that occurred before you acquired or formed the orgar�ization. Any person ar organization (r�ferred to bekow as vendor) with whom you agreed under a written contract to provide insurance is an insured, but only wit� respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold ir� the regular course of the �endar's business_ However, no such person ar arganizatian is an insured with respect to: a. "Bodily injury" or "property dar-nage" #or which the vendor is obligated ta pay damages by reason nf #he assumption af fiabilify in a contract ar agreement. This exclusion does not apply to liability for damages that the vendor would ha�e in ihe absence of the contract or agreemen#. e. Any physical or chemical change En "your procfuci" rnade intentianaily by the ver�dor; d. Repackaging, except when unpacked salely for ihe purpose of inspection, demonstration, testing, or the substi#[atian of parts under instructions from the manufacturer, and then repackaged in the ariginal cantainer; e. Any failure ta make such inspections, acEjustments, tests ar servicing as the vendar has agreed to make or normally Undertakes to make in the usuaf course of business, in cannection with the distril�ution or sale of "your prociucts"; f. Demonstration, installation, servicing or re�aair operatians, except such operatians perFormed at the vendor's premises in connection with the sale o# th� "your product"; g. "Yaur products" which, after distr�bution or sale by yau, have been labeled or relabeled or used as a container, part ar ingredient of any other thing or substanee by or for the vendor. t�. "Bodiiy injury" or "property cfamage" arising out of the sole negligence af the vendor far its awn acts or omissions or those af iis ert�playees or anyane else acting on its hehalf. Hawe�er, this exclusion does nat aPply to: (1 } The exceptians contained in subparagraphs ci. or f.; or (2} Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make ir� the usuat cours� of business, in connectian with the distribution or saie af the products. ihis paragraph 4. does not apply to any insured person ar organization from which you have acquired "yaur products", or any ingredient, part, or container, entering into, accompanying or cor�taining "yaur prflducts". This paragraph 4. also does not apply if a separate Additianal lnsured endorsement, providing liability coverage for "bodily injury" or "property damage" arising out of "yvur product" that is distributed or sold in the regular caurse of a vendor's busir�ess, is attached io the policy. No person or organization is an insured with respect ta ihe canduct of any current or past partnership, joint �enture or limited liability company that is nat shown as a Named Insured in the Declaratians. As respects pro�ision 9., SECTION II — WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician ar paramedic employed k�y you t� provide medical or paramedical services, provided that you are nof engaged in the business or occupation of providing such services, and ynur "employee" does not ha�e any other insurance tf�at would also co�er claims arising under this provision, whe#her ihe other insurance is �rirnary, excess, continger�t or on any other basis. Under SECTION III — LIMITS OF �NSURANCE, pro�isions 11. through 14. of this endorsement amend the policy as foEEaws: 7he General Aggregate Limit applies separately to each of yaur construction projects away from premises owned by or rentecf to you. Encludes copyrighted rr�aterial af Insurance Services �ffice, lnc. �2. AGGREGATE LIMITS PER LOCATION The Generak Aggregate Limit applies separately to each of your focations, but oniy 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 lats or premises whose connection is inierrupied only by a street, roadway, waterway or right-of-way of a railroad. Nowever, your locations do not include any premises where you, or others acting on your behalf, are perfarming construction operations. 13. INCREASED MEDICAL PAYMENTS LIMITS A. SECtION Ill — LIMiTS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to ali the terrr�s of SECTION III — LiM�iS OF INSURANCE and is the greater o#: 1. $1 Q,OOD; or 2. The amount shown irr the Declarations far Medical Expense Limit. B. This pravision 13. daes not apply if COVERAGE C MEDICAL PAYMENTS is excluded either t�y the pro�isians of the Caverage Farm or by endorsement. 14. DAMAGE TO PREMISES R�NTED TO YOl! — SPECIFIC PERI�S AND fNCREASED LIMlT A. The word fire is changed to "specific perils" where i# appears in: 1. The fast paragraph af SECTfON f— COVERAGE A, paragraph 2. Exclusions; 2. SECTfON IV, paragraph 4.t�. Excess fnsurance. B. The Lirr�its af lnsurance shown in the Declarations will app�y to aE� damage �roximately caused by the same even#, whether such damage results from a"specific peril" or any corrEbination of "specific perils." C. The �amage �o Premises Rented To Ya� Limit described in SECTION III -- LIMITS OF 1N51lRANCE, paragraph 6., is replaced by a new iimit, which is the greater of: 1. $1,fl�0,00a; or 2. The amount sltown in the Declara#ions for Damage To Prernises Renied To Yau Limit. D. This provision 1�4. does not a�ply if the Damage To Premises Ren#ed To Yau Limit of SEC�'t4N i— COVERAGE A is excluded either by #he pro�isions of the Coverage �orm or by endorsem�nt. E. "5pecific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot ar civil commatian; vandalisrn; leakage from #ire ex#inguishing 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 #he breaking or cracking of any part at a system or appliance cantainEng water or steam. 15. BROADENED LEGAL LIABILiTY C�VERAG� FOR LANDLORD'S BUS�NESS PERSONAL PROPERTY Under S�CTION I— COVERAGE A BODI�Y lNJURY AN� PROPERTY DAMAGE LIABfLIiY, 2. Exclusians, j. Damage #o Properiy, the first paragraph fallowing paragraph (6) is deleted and replaced with tl�e fallowing: Paragraphs (1), (3) antf (�#) of this exclusian do not ap��y to "properry damage" (other than damage by fire) to a landlord's business personal property #hat is suhject 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 $10,00�. !� $250 deducfibie ap�iies. Under SECTION IV — COMMERCIAL G�NERA! LIABlLITY CONDITIONS, pro►risions 16. through 18. of this endorsement amend the policy as follows: fncludas copyrighted material of Insurance Ser�ices Office, !nc_ CG 70 63 0417 Page 7 of 11 16. BROAI]�N�D KNOWLEDG� OF OCCUFiRENCE Under 2. Duties ln The �vent �t Occurrence, 4ffense, Clair�, Or Suit, parag�aph a. is deleted and replaced and paragraphs e. and f. are added as follaws: a. Yau must see to it that we are noti#ied as soan as practicable of an "occurrence" or an offense, regardless of the amount, w�ich rnay result in a claim. Knowledge af an "occurrence" ar an offer�se by your "empEoyee(s)" shafl not, in itself, constitute knawledge #a you unless one of your partners, members, "execuiive officers," directors, ar managers has knawledge af the "occurrence" or offense. Tv the extent possible, notice should include: (1) How, when and where the "occurrence" or offense fook place; (2) The names and addresses ofi any injured persans and witnesses; and (3) 7he nature and Eocation of any injury or damage arising out of the "accurrence" or offense. e. If you report an `bccurrence" to your warkers compensatinn carri�r that develops into a liability claim for which coverage is provided by this Correrage Form, fail�re to repart such an "occ�rrenc�" to us at the time ofi the "accurrence" shall not be deemed a �iolatian of paragraphs a., b., and c. above. Howe�er, you shall give written notice of this "occurrence" to us as soon yau beco�ne aware that this "occurrence" may be a liability cEaim rather than a workers compensation claim_ �. You must see to it that the following are done in the event of an actual or antictpated "co�ered r�call" that may result in "proc[uct recal! expense": {i) Give us prompt notice of �ny tlisca�ery or notification that "your product" m�st be witi�drawn or recal4ed. lnclude a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any ather method of distribution of like or similar products until it has been determined that af! such products are free from defects that could be a cause o� loss under the insurance. 17. UNINT�NTIQNAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. RepreSentations is deleted and replaced with tf�e fol[owing: 6. Representatians By accepting this policy, yo� agree: �. The statements in the Declaratians are accurate and complete; b. Those statements are based upon representations you made to us; and C. We have issuecf this policy in reliance upon your represantations. We will not deny co�erage uncEer this Coverage Form if you unintentionally fail to disclose al! hazards existing as of the inception ciate of this policy. You must report to us any knowleclge of an error or omissian in the description of any premises or operations intended to be co�ered by ihis Co►+erage Farm as soon as praciicable after its disco�ery. Hawever, this pro�ision does nat affect our right to collect additiona! premium or exercise our right of canceliatian or nonrenewal. 18. TRANSFER O� RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recavery Against 4thers To Us is deleted and replaced with the fallawing: 8. If the insur�d has rights to recover afl or part of any payrr�ent we have made under this Co�erage Farrr�, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insureci will bring "suit" ar transfer those rights to us and help us enforce them. Howe�er, if the insured has wai�ed rights io recov�r through a written contracf, ar i# "yaur work" was commenced under a letter of intent or work order, subject to a subsequent reduction ta writing with customers whose custamary contracis require a wai�er, we waive any right of recovery we may have under this Co�erage Form. 19. EXTENDED NQiICE OF CANCELLATtON AND NONRENEWAL Include5 copyrighted material of Insurance Services OfFice, Inc. Page 8 of 11 CG 70 63 0417 Paragraph 2.b. oi A. Cancellation of the COMMON POLICY C4NDtTIONS is deleted ar�d replaced with the foliawing: b. 60 days �efore the effecti�e date of the cancellation if we cancel for any athter reason. Under SECTION IV — COMMERCIAL GENERAL LIABILfTY CONDIiIONS, Paragraph 9. When We Do Nat Renew is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not ta renew this policy except, that under the provisions of the Texas Fnsurance Code, we may not refuse to renew this policy solely because th� policyholder is an elected official. b. If we elect not ta renew this poiicy, we may do sa by mailing or de[ivering ta the first iVamed lnsured, at the last mailing address known to us, written notice af nonrenewal, stating the reasan #or nonrenewal, at least 60 days before the expiration date. ff natice is mailed or defi�ered fess than 60 days before #he expiration date, this policy wifl remain in effect until the 6� st day afier the date on which the notice is mailed or delivered. Earned premium for any }�eriod of co�erage that extends beyond the expiration date will be cam�auted pro rata based on the previous year's premium. C. If notice is rnailed, prao� of mailing wi{� be sufficient proof of notice. d. The transfer of a policyhfllder befween admitted companies within the same insurance group is not considered a re#usal ta renew. 20. MOBILE EQUfPM�NT R�DEFINED lJnder SECTION V--DEFINITlONS, paragrap� 12. "Mol�ils equipment", paragraph f. ('!) does not ap�ly to self-propelled �ehicles of less than 1,000 pounds gross vehicfe weight that are not designed for highway use. 21. ADDITIONAL DEFIMTIONS 1. SECTION V— DEFINITIQNS, paragraph 4. "Ca�erage territory° is repiaced by the following definition: "Coverage territory" means anywhere in the warid with respect to liability arising out of "bodify injury," "property damage," or "personal and ad�er#ising injury," includirtg "personal and ad�ertising injury" offenses tha# take place thraugh the Internet or similar elecironic means of commur�ication provided the insured's respons�bility to pay damages is determined in a settiement to which we agree or in a"suit" an the merits, in the United States af Arnerica (including its territories and passessions}, Pue�Eo Rico and Canada. 2. SECTION V— DEFINII'IQNS is a�e�ded by the addition of the fnliowing definitions: "Covered recall" means a recali made necessary because you or a g�vernment bocly has determined ihat a known or suspected de#ect, deficiency, inadequacy, or dangerous condition in "yo�ar product" has resulted ar wili resuit in "bodify injury" or "property damage". "Produc# Recal! ex�enses" mean only reasonable and necessary extra casfs, which result from or are related to the recall or withdrawal o# "your product" for: 1. Telephane ancf telegraphic communieation, radio or tele�ision announcements, computer time and newspaper ad►rertising; b. Stationery, en�elopes, product+on of announcements and postage flr facsimiles; C. Rerrtuneration paid to regular employees for necessary avertime or authorized tra�el expense; d. Temporary hiring by you or by agents designated hy you of persons, other than your regular employees, ta perfiorm necessary tasics; e. Rental of necessary additional warehouse or storage space; f. Packaging o# or transportation or shipping of defecti�e products to #he locativn you designate; and g. Disposal af "your prod€acts° that cannot be reused. DispoSal expenses do not include: ('!) Expenses ihat exceed the qriginal cast of the materials incurred to manufacture or process such procfuct; and I�cludes copyrighted material of fr�surance 5ervices Office, Inc. CG 70 63 a4 i 7 Page 9 of 11 (2) �xpenses t�at exceed the cost of normai irash disearding or disposaE, except as are �ecessary to avoid °bodily injury" ar "property damage". 22. R�ASONABLE FORCE — BODILY lNJURY OH PROPERiY DAMAGE Under S�C�ION I— COVERAGE A., paragraph 2. Exclusians, subparagraph a. Expected Qr Intended Injury is deleted and replaced wiih the following: [This insurance does not apply to:j a, Expected Or Intended In�ury "Bodily injury" or "property damage" expec#ed or intended frorri the standpoint of the insured. This exclusion cEoes nat apply to "badily injury" or "property cfamage" r�sulting from the use of reasonable force to protect persons or property. 23. BROA��N�D LIABl�ITY COVERAGE FOR DAMAGE TO YOUR RRQDUCT AND YOUR WORK A. EJnder SECT14N I— COVERAGE A., paragraph 2. F�cClusions, exclusion k. Damage to Your Product and excfusion I. Dam�ge to Your WOrk are deleted anci replaced with the foliowing: [This insurance does not apply to:j k, Damage to Yaur Produc# "Property damage" to "your praduct" arising out of it or any part of it, except when caused by ar resulting from: (1} Fire; (2) 5moke; (3) "Coflapse"; or , (4) ExplosEan. For purposes of exclusian k. above, "collapse" means an abrupt falling cEown or ca�ing in of a building or any part of a b�+lding with the result that the builcling or part of the building cannot be occupied for its intended purpose. I. Damage to Your Work "Proper�y damage" to "your wark" arising out of it or any part of it and included in the "products-comple#ed aperatians hazard". This exciusion do�s nat apply: (1) If the damaged wark or the work out of which the damage arises was performed on your behalf by a subcontractar; or {2) If the cause af loss to the damaged work arises as a result of: (a} Fire; (b} 5moke; (c) "Collapse"; or (d) Explosion. For purpases of exc�usior� I. above, "collapse" means an ahrupt falling down ar caving in af a building or any pari af a building with the result that the building or part of the building cannot be occupied far its intended purpose. B. 7he following paragraph is added to S�CT14N III — LIMITS OF iNSURANCE: lncludes cflpyrighted materiak of lnsurance Services Office, Inc. Page 10 of 11 cG �o s3 oa � � Subject to 5. above [of the CGL Coverage Form�, $1 Q0,�00 is tl�e most we wilf pay under Coverage A for the s�m of cEamages arising out of any one "occurrence" because of "property damage" to "your praduct" and "yo�r work" that is caused by fire, srnoke, coliapse ar expiosion and is included within the "produc#-comple#ed aperations hazard". This sublimit does not apply ta "�raperty damage" to °yaur work" if the darr�aged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24. BROADEN�D BODILY INJURY COVERAGE Under SECTION V— DEFINiT�ONS, the definition of °bocfily injury" is deletecE and replaced with the following: 3. "Bodily injury" a. Means physical: (1) Enjury; (2) Disability; {3) Sickness; or (4) Disease; sustained by a person, inciuding death resulting fram any af these at any time. b. Includes men#al: {5) Anguish; (6) Injury; (7) Humiliation; ($) Fright; or (9) 5hock; directly resultir�g from any "bodily injury" described in paragra�h 3.8. c. A!f "bodify injury" described in paragraph 3.b. shall be deemed to ha�e occurred at the time the "badily injury" described in paragraph 3.a. occurred. 25. DESIGNATED COMPLETED PROJECTS — AMENDED LIMlTS OF INSURANCf When a wri#ten contract or written agreerr�ent between you and another party requires praject-specific limits af insurance exceeding the limits of this policy; A. for °bodily injury" or "�roperty damage" that occurs within any policy period for whfch we provided coverage; and B. far "your work" performed within the "products-cornpleted operation hazard"'; and C. for w�ich we previously issued Amendmer�t Of Limits Of lnsurance (Designated Pro�ect Or Premises} CG 71 94 ei#her during this policy term or a prior palicy term; and D. that designated praject is now compiete; the iimits of insurance shown in the CG 71 94 schedule wifl replace the limfts of insurance of this policy for the designated project and will continue to apply for t�e amount ot time the written contract ar written agreement requires, subject to th� state statute of repose of the project location. These IimEts are inclusive o# and not in addi#ion io the replaced iimits. - Includes capyrighted material of Insurance 5ervices Office, inc. CG 70 63 0417 Page 11 of 11 NAMEb INSURED: McClendon Construction Campany, Inc. PpLICY NUMB�R: CA 21198850301 COMMERCIAL AU7Q CA 71 65 09 11 THIS ENDORSEMENT CHANGES THE POLiCY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY NQN-C�NTRIBUTORY COVERAGE WHEN REQUIRED BY INSURED CONTRACT OR CERTIFICATE This endorsement modifies insurance provided under the SUSINESS AUTO COVERAGE F4RM The pro�isions of #he Co�erage Form apply unless changed by this endors�ment. This �ndorsement identifies person(s) or organization(s) who are "insured" under the Who ls An Insured Provision of the Coverage Form. This endorsement changes the policy on the inceptfon date af the policy, unless another date is shown befow. Endorsement EfFecti�e: Countersign�d By: 1/31/2025 Named Insured: McClendon Construction Company, Inc. (Authorized Representative} (No entry may appear abo�e. If so, information #o complete this endorsement is in the Declarations.) 1. Section II — Liabili#y Co�erage, A. Coverage, 1. Who Is An Insured is amended ta add: Any person or organization witM whom you ha�e an "insured contracfi" which requires: i. that person ar organization #a be added as an "insured" under this palicy ar on a certificate of insurance; and ii. this policy to be primary ar�tE non-contributory t� any �ike insurance a�ailable to the person or organizat�on. Each such person or organization is an "insured" far Liabifity Co�erage. �hey are an "insured" only if t�at person or organization is an "insurecf" under in SECTION EI of the Co�erage Form. The contract between the Named Insured and the person or organization is an "insured contract". 2. Sec#ion IV — Business Auto Conditions, B. General Conditions, 5. Other Insurance, paragraph cf. is delefied and replaced by the following �or the purpose of this endorsement only, d. When coverage provided under this Co�erage Forrn is also provided under anofher Coverage Form or policy, we wiil pro�ide carrerage on a prirnary, non-contributary basis. lncludes copyrig�ted materiaf af Insurance Serviees Office, Inc. with its permission. NAMED IiVSURED: McClendon GDn5truction Company, lnc. POLIGY IVUMBER: CA 21198$5430�. Thls endarsemen� modliles Insurahas pr�vlsEed undsr the BU51N�5�Ai�T(i G"t7ilEF�AGE FORM WIEh r�speat t� coverage provicled byihfs endvrs�rr�ni, the prov�slons of t#�e Caver�r,�e �orm apply un3ess modi�f�c! f�ythe endorseme�i. The pramium fortF�is endorserrtgnt is ��5v , o0 �s" ;�:r;i,��_;:t,�;r�: i}" ;;s ,i`�,,. . . . .. _ . . _ . . _ .. . � ti. Any arganizatior� yau newly acyulre or �iarm, athsr ti�an a partners}iiP, joirrt �entur� or Ilrnited llatslilty cQrnpany, �nd c�rer wh{c�t ynu melntaf n o�,rnership or a rnajQrity ir�ter�t, sNlll quallfy as s Narr�er3 [nsut�d. Howsver, ='I) Coveragg �nderthis provlsk�n is �ffarded nnly unil! Itre end afthe pollcy per�a�; �2) Coverage daes nc►t apply ta "acddertfs' or'7oss" ih$t occurred �efcare you acq�ired ar Formed the organfzatlonf and (3} Coverage claes not ap�ly to ar� otgsnfzaift�n tttat Is an "insured' unrteranyoiher policy ar� would be art "ir�sursci" but far i�.s terminatton ar �e sxh$usi[ng of its lirn[k nf lnsurar�ce. e. Any"am�loyse" o€yqurs e�sillg: �'I} A crnrered "auta" you da not o�+vr�, hire or borrow, or � covered "auto" nat awned bythe "amp�ay�" or a member qf his or her househnid, whlle AerFarming dutlas l�Eated to the co�aluc� vf your buslness ar y�ur persntl�l a�Fairs� oP • (2) An "auta" hlred ar tei�t�d un�er a cortiract pr �greemenf in thak "smpl�yee's" narna, wltit your permisslon, whlle perfatming dvtles releted io fhe cond�ad of }iour busfness, However, ya�tr "�rnpfoye�p does �tof quaiffy as an.lnsured uncterthls paragraph (2) Whife using a couered "aufo" rented fram yc�u orirom any mernber of t#�� "amp�ayae's" housaE�ald. f Your members,lf yau are a Elm!#ed I�abllltycampany� wht�e using a envered "aul4° ycru do nnt c�vn, hire ar 6orrow ancE wl�fe perFnrrning d�#ies r�lafed ta the cohduck oi yaur 1�uslrtess or yaur personaE aiialrs. , _ _ __.. ,-._._ . ,. . . -... - '� - _ �his provisinn daes nt�# epply: (7j Uniess fhe wr[tten cantwactor ag�eemenf is sxeoufed o� the permlE b fsgusd priar to the "borlily i�t�ury" O� "�"q�JBfi�l diii[1�9"� (2) Ta any �erson or drg�nizatRor� inelt�ded �s an Insured by an endarsement nr in ihe DedarafEnns; or (3) Tn any lessor of "autos" unless; - (a} Ths feasEa �qresrne�f requ[res yau to prov�le dirnct prirnary insurance forthe lessc,r; �bj 7'he "auto" � leased wfthout a d�var and Inciudes copyrlghted �atsrial ai insurance 5ervfc�s c]i�ae, Inc. �A }'9 'l�31'i #19 Rage "I of 5 TFf�S EI�D�RS�III�hIT CHANGES TH� P()LICY. PL�A�� Fi�AD lTCARE�ULIY. (c) Th� lease had r�ol explred. Legsed "�utns" covered �nder ihis prayision will �e consideced rAveretE "autos" you oWn and hot caverad "�1.I�QS" YOL� }l�iE. h. Anyleg�iiy lr�corpnraksd organlzationor subsldisry In whJch youown mQr� than 5I1°,6 � the voting stadc on fhe effective date ofi this ertclorser�ent, Thls provision does nat apply to "pndEfylr�ury` or "properiy darr�age" for whfch an "tnsured" is alsa �n �nsurad ander any at��r a�tEomoblte pr�llcy or would fie an Cnsured under suah a pal Icy, �Sut for Its tgrmEnaftah or iha axh�usElo� of its �Imlis pf Insurance, unless auch pot�ay 1Nes wfitf�t's #o apply speaficalfy !n excess of this poEi�y. 2. GOV�RAG��X�'�idS10NS-SUi�L�M�N'�ARYPAYM�NiS UnsCer 5er.tion II - L.lABILI'CY GQV�RAGE, A.�.a. Suppfem8nt8�ry Paym�nt�, paragraph9 (2) and �+1.) �ra deleted and replaced as faibws; �2j �Ip ta $E�S�D far IMe cost af baf I bvr►ds (Incfuding bonds for relatad irai#Ic law v[olatlnnsj requfred beeause �f an "acGi¢�nf" uve eover. lNe Qa nat hava to fumfsh Ih�sa�s bands. �4) All reasoreatrle axper�es Ineu�red by lhe "i�surad� a{ our r�qua�k, including acluai ioas of eamlhgs up lo $�4t1 a day because of ilrne afF from woric, 3. AMF�►to�d F�LLOW EMPLiiY�� XC�EiSION Und�rSECTIDN EI -LiABILi'fY' COV�FiAl3E, B. �7(CLU5�0{�S, para9raph �. �el�c�w �mpfayee Is de�sted and replaoed bylFie Folfav�iir�g: 5. Fellory �mployee "Bodliy 1�Jury" #ts: a. Any%iiow °ern�dy��" of the'Ynsured" arising aut af attd kn 1he course of ttte fellow "�mployee's" �m�loyrneM or while per�ormin$ dutfes re�atad iv the conducl oF your buslness. How�ver, #F�Is exatu�inn doas nat appfytn your "ernployees" ihai are aTflcers, mana�ars, supervlsnrs or abova, Couerege 1s excess over �ny olha� collectE�le lnsurance. !7. �'he spous�, c.i�lid, parent, bvat�ter �r sister af Ehat FeE(a�v em�layse" a� a canssquence of �ra�r�{�h a. above. 4. #�IRE�At1T(7 pHYS[CIRi� �AIdfA�EC(3VERAG�AN� L�SS aF t]S� �7CP�NSE. A. Under SECTI�?N 111- P�lYSiCAL DAMAGE CCIVERAG�� A, �QVE�tAGf, ihe fol�owin� is adsied: If anyof }rvur awneri covered "autos" are cnvered fior P�ysic� Dgmags. ave u�fll provlde PFrysical Damage cove�age tv "autas" that you or ynur "empfoyeesg hir� or bor�ow, under yaur name ot !he "ernployee's" natt�e, �fior fhe purpAse aF r�an� your wark. V41a �nrilf prov�de crave�ge equaE #o ihe broadesf physfcal d�mage Gcsverage appllGabis ta any uo�erea "aulo°` xhcawn in the DeclaralEpns, ftern Threp, Scheduf�► n# Govet�ed Autos Yau Clwn, or an any sndnrsemenEs amending ihla soheciuie. 6. uncier S�C'fKiN I�1- PHYSfCAL OAAAAG� C�V��1GE, A.4. Covar�ge F�tf�enslorts. paragraph b. Loss fl1`Use �xpenses Is deleted ar�d replac�d wlth ihe Followl�: k�. �.a$s Of �Jsa �xpenses �'ar H[red Autn Physlcal Darnag�. we will pay axpenses forwhickr an "insured" 6scomes iegaGly rasponsibla to p�}+for aoss of use of a u�hEcle ranled nr hlred wlthout a driver. under a vvrflten rentel aantrect or agrasmRr�. We wiff psy far k�a of .use expenses iFc�used by: (�1) Othar than cQEilsi+�it, nnly Ifthe aeciaratlnr�s indlcat� thaiComprehanslve Covarage Is pnavEded for a�y ca�ered'auto"; lnel�cies aopyrfghted rnaierlal of Insuranoe ServCces O�Ice, Inc, Page 2 of 5 GA i�118 �F109 (2) Specl�ed ��us.es vfi L.Qss{ anfy if fhe C?eclara#ions indlcaie fhai Speclffe�E Ca�uses �}f Loss Gauerage is provided foranyaorrered "�uia"; or (3� Collis�art, oniy Ffthe [}ecfarations indlca�e ihat Collisfon Covera�e ls pravlded for any covsr�d auta". However, #tte mast we u�rill payfnr any expenses for Ioss of uss (s �'3U �er day, to a tnaximurn af �2.,�0�]. C. Under5�CTlt�N 1V�-BU5#NESSAIIT{3 CONqITIUId$, B. General CandiHons, S.Okf�er Ir�sura�ce, paragrap� b, Is repl�ced �sythe Fs�llr,wlrig: �1. Fvr HlrecE Ruta t'hyslcal Darnage, th� following are dearne�! io k�e covered °atiias" you own: 9. Any caver�d "�c�o" yo�a lease, �ire, cent or bnrrouv; and 2. Any aovered "�uto" hlred or rer�ied by yac�r °empinyees" under a cQntt�ct in that Indjv�dual „employee's" name, utrlth yot�r }�armissinn, vsihfle per�ortni ng du#iss naia4ed to the conduct of your business. Hnwever, any "�uta" that I� leased, hired, renfed or harro�d wiih a drlver Is nat a co�ered "auto`, rar fs aoy,�autQ" ytx� hfre fmm any n# your "empfayees", pert+�ers (if you are a parinershEp), msmbers (3f youare alimited Ilabilltycompany),ormsmbers uflheirhnuseholds. �. l.OAN �R LEAS� GAP COVEI�AGE Under BECT��1 lil —�HYStCAL DANIAG� �O{I�AG�, A. C�VERAGE, the fo�lav�ir�g is added; Ifa cavered "auio" ls ow�ed or Jeased and if vve provide Pf�ys€a�[ Damags Ca�erage on Et, we will pay, In fhe e�ertt of a covered #otal "ioss", any unpaid arnourti due an [he Isss� orloan fora covered "autoA, les-s: {a) Th� am[�unt palt! under fhe PhyslGal Damage SeCtion of 1he poflcy; and: (b) Any. (1� Overdu� �ease or Ioan paymenls fnclucRng psna�iies, interost or ot�er charges re�Nf r�g f�m overdus pxyr�ent� at the llme of th� "iass", �2j �inanc�al pehaf�es lmposect u�7d�r� a lease far excessfve use, abnorrr�al wear and tsa�' or hlgh mlleage, (3) Cc�sts for exfersded W�rret�fles, Credlt �Ife �nsurar�aa, ryealt�t, Rcalden# ur Qfsabllity Insurance ptu�hased wlttl the loan or Ee�se; i�4) Seau�ffydsprlsitsnet refurscfed bya leasar; �nd (5'} Carry-o►�er balances iram pre�lous �Oans ar i�ases. 6. RENTAL RElMBLlRS�'#�I�I�T Under SECTK3� Ili - PHY5ICAL 13AtV�A�� COvEiTAGE A.4. CavB�'age �x�n9lons, paragrap� 8. . T�`a11SpA�tio�1 �xp�t7ses fs deleied and. repfae�d by #he �ollawing: a. 7ranspprta�ion Ex#�ensss t'I) War will �ay up to $'75 per day io a maxir�►um of $2,OtJo for t�ansportallpn eac�ense Incr.�red by ynu bsca�sa of co��nad "loss". Wa wift pay anly far th�se couer�d "a�tas" for whtch.you cgrry GQ111slon Goverage cr either �mprehenslve Cn�re�rage ur SpeclfEed Causes c�i= f�ss Cuuera,g�. We wlli �aay for trar�sporta[ion expenses Incurred during the p�riod beginning 24 haurs afte�#he so�ered "loss" �nd anding, re�ardiess af ihe ppticy`s expir�lian, when lhe covered "auta" is raWm+�d t� use or we payfor �s "lass", Th)s �v�terags [s ih �dtlitlon t� 1he otherwis�,�pP«�abbs cove�'age you have an a covefied °aufv". i�Jd deduelibl�s aPR�Y tc� ihls COverage, Inciucf�& copyrighted 3naterial �f l�sr�anoe 5anrlces Of�Eca, Inc. CA 77'f81103 P�ge 3 af � (�� Thls coVera�e d�es nat appEy whlle th9Ca fs a apare oP feSSNe "au��u avaflabla to you far your vperafion. 7. AtRBAGCQV�RAG� UnderSE�T10N lfi - PHYSICAL pAMAG� 8. �XC�.�SlO�iS. P�ragraph 3_ Is deEeted gr�d re�faeed foythe fialiawlr�g: 3, We wfll nat pay for'9oss° c�used byar resulflny �rom any af ihe Fal�owing unless caused byoiher "loss" if��xt ia cnvered bythls insu�nca: (9 j Vtiear anct #�ar, fraezfng, mechanfcai or sleddr.ai breakdown, HoWever, this excf�tslan doaa no1 tnciucie �he dtscha�e af an alrba�. (2) Bloevoufs, punct�res or Qther road datnag� ta kir+es. 6. ��ASS REPAIR � WA�1►ER{� aED�7CTi8LE Sectio� tl� — RMYSICAL DAMAGE COVERAG£, D. Decluctlbie Is amendeci #a add ihe finllovsrin�: No dsductlble app[festo glass damage �ft�e glags Is r+epalred ret#�erthan r�plaeed, 9. COLtlSIONCOVEfZAGE—WAI�I�RO�1��pUCiIB1.� Under Sesllon NI �#�HYStCAL AAMAGE CC}VERAG�, E#. Deductibte �s amended to add the Ioflow�ng: When there is a inss to yaur aavered "auto" Insured far Coliision Cover�ge, no deduc#ibls w�El �pply i#ttte io�s uvas caused k�y � colf�slon uulth ar�other "auRa" insured by us. ��. KN�w�.�n�E u� Ac��o�n��r llnder S�C�"101� IV - BUSINESS AUTa GCiNDIT{CJ�i ,, A. Lass Cortd�ttor�s� 2. D�Ees In Tha Evet�# Of �4��k1��#� Cl�imr $t�iitL9c [�oss, par�grap� a. is dal�ri �d repl�ced Eay the iallowing: a, You must see ta It#�atwe are ncatl�gd as soo� $s pracll�abl� ofi an "accfdent", clalm, "s�ll" or °itsss". Kr�owledge oi an "accldsnt", cfal�n, "sulc'or'fnss" byyaur "empbyees" shaEf nak, in f�se�f, cansfftute fcr►owladge to you rtnless or� ofyaurpartners, er�ecutiv'ec�{fiaers, dir�etors, mat�a��r�. or mers�bers (�f you are a Ilmlted II�bIHty�nrnp�ny] has �CRowledge of3he "aocldenY', dairrr, "suft" ar'Yoss", kVo�ice sFeould inoiude: (1j How, when arid wrhere ih�'eccldenk" or "loss° nccurred; (�) The °lnsured's" ngr�e �nd address; �r�d (3] 7a 1ha sx��ht p�sslbl�,1#�e riamea a�d �ddressa� ofeny inj�r�d persons �nd wftr�esses. � ur�c#sr S�C'�IUN 1V - BUSIIY�SS AUTO GO�iD1TlOI�S, A. Loss C�d[t��ns par��raph � Traasfer 8t' Rlghts OF Recove� A�aI�St Qthers To Us is deleted ered replar.ed by tha followit�g: 5. Transfer Oi Rlghis O� R�coVery Agaln�t Okhg rs 'To tls tFany persan or arganlzatlon ta orfar whnm we rnaf�e payment undert�ta Cavarege Farrn h�s rights [o raaov�r tlatr�ages from an�her, those �ights are iransfe�ed to us. That' persan ar arg�nlzatloh must do evarylh[ttg nece.ssary ia saaurs aur rlghis a�r� mttsi dc nathtng ai�er "acddant" c�r "loss° la irnpair titam. However, ifthe "Insured" E'�s welv+ed rlghis to recaver thtough a wrl��1 cQr�tract, or If yiaur vvork +nras s�mmenced under a EeUsr af infsnf nr wdrknrderT suhject to a st�seqrasr�E reduetian in wNtlr�g with austamers whose c�stnmary cantraaEs r+equlre a wa�ver, we vvaive er�y rlghi o� recavery v+re may have ursderthis Covera� Forr». � lrfcludes copytigftte� rn�te�f� af lns�ranca 5enrlces Ufflce, Inc. Page 4 of 5 �A 7�f 1819 �9 12. UNlIVTEN7iONAL FAIL[fi� 70 #}lSCLt]5E HAZAR�*� U�s#er S�C710N IV - BU31iVESS AE1TO CC3NOiTiONS ,�. General Conditbns , paraeraph 2. Cnncealm�nt, Misrepresentation qr �rau� is a+nsr�ded �y tha �ddi�ian o� the f�ilor�vlr�q: W� Hrill nnt deny covera�e under lhis Coverage Forrri If yau uninfer�llonaity fali t� dlsclose a111��z�rds sxfsling as oF #he inceplion d�te of thts paEEcy. Ytx� musi r�}�ott ta us any knc�vuledge of an error nr arnEssfon in yaur repr�eniatlons as saon as #�ra�llcabie aEler Na discovery. Thls pravfslon dczes �pt alfect our r��tt ta c�nffect ad�Sitf�nal prerrtlum or exer�dse �r rlgh# �►f ca��ltation or non-renewal. � . . . � . ..., .. When required by wMiten cantracf nr wrll#en egreemerit, the de�nlllon of "insur�d cc�ntract" is atnetided as tollowr5� —�he excepllon ean#alr�ecE in �ragraph H.3. reiatlr�g fo cansftuciio� or demolitian operatians an arv�rlthln 5� t�eet nf a raElraad;. and ^ Paragrapt� H.�, �re dslated wlth respac# fo ths use of a��ered "auta" ln oper'atfons �ar, or aff�ttrtg, ��a�lro�d, JncMudes aapyrlghted malerE�l of 1ns�rar� Setvlces Office, Inc. CA'�4 781'i �.9 Rage 5 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABfLITY INSURANC� POLICY WC 42 03 04 B (Ed. fi-14} TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM 4TH�RS ENQORSEMENT This endorsement appfies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the fnformation Page. We have the right to recover our payments from anyone liable for an injury co�ered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this wai�er ap�lies only with respect to bodily injury arising out of the operatians described in the Schedule where you are required by a written cantract to obtain this waiver fram us. �his endorsement shall not operate directEy or indirectly to benef3t anyone not named in the Sch�dule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Wai�er Name of persnn or organization (X) Blanlcet Waiver Ar�y person or organizafion for wham the Named lnsured has agreed by written contract to furnish this waiver. 2. Operafions: 3. Premium: The premium charge for this end�rsement shalf �e @@@ percent of the premium developed an payroll in connectian with wark performed for the abo�e persan(s) or organization(s) arising aut of the operations described. 4. Ad�ance Premium: This endorsement changes the �iolicy to which it is attached and is effec#ive on #he daie issued unless otherwise siated. (The information belaw i5 required onfywhen this endarsement is issued subsequent to preparatipn of the policy.) Endorsement Effective 1/31/2025 Policy 1Vo.1IVC 2119888D3�1 �ndorsement No. WC 42 03 D4 8 Named Insured: � McClendon Construction Gompany, Inc. Premium insurance Company Gvun#ersigned by -Amerisure Insurance Company wca2asoaa (Ed. 06-14} Capyright 20'�4 Natianal Council on Compensation Insurance, Inc. All I�ights Reserved. NAMED II�SURED: McClendon Canstruction Com�any, InC. POLfGY NUMB�R: WC 2Z198880301 THIS ENEfOR5ElklI�NT C#iAA1GE5'TH� PO�1GY, PLEASE READ IT GAR�FULLY. Nnmber of Days Notice Fcx any sfatutarily ��rmitbad raasan ot�er than nonpay�nen# af prernium, the numbs� nf days required fnr natice �f cancellatiar� ia increased to tr►e number nf days shown In the �chgdule above. If this pniicy is cancelle�i f�y us we will send #h� Narr►ed ins�lred end any party liated in the fol[owir�g schedule nr>tice of cancellation based ort the number of days notice shown a�ove. SCHEDULE Name of Person ar Or�anization The Name nf Persnn or Drganizativ� Is any person or organization holding a certit'wate of Insur€�nce issued 3or you, provided 4he c�rtificate: 1. F�efEI'S #O �hiS pOGGyi 2. 5ta#es that nofice ai: a. Cancelleklon� b. Nonrene�ral; or c. Mater€al char�gs recfuc�ng or restrlcting eoverage; will be pro�ided to that persan or nrg$nization; 3. Is in eftec# at the time o# the: $, Cancallat�on; b. ]Vranrenewa�; ar c. (UEatEelal change reducitsg or res#ricting t�verage; and 4. Is on �ile at your agank or broke�'s nifce for fhis pt�Ei�}r. �9ailing Addr�ss ihe Maiiing Addr�tss is the address shawn far that persan ar organiza#inn in that oertificat� o# �nsurahoe. IL 70 45 05 07 - B�.KT NAMED INSURED: McCEendon ConstructiQn Company, Inc. POLICY NUMBER: CPP 21198880301, CA 21198$503�1 & CEJ 21198870302 THIS ENDORSEMENT CHANGES THE POLiCY. PLEASE READ IT CAREFULLY. N�TICE OF CANCELLATI ON, NONRENEWAL QR MATERIAL CHANGE -- THIRD PARTY This endorsement modifies insurance pro�ided under the folfowing: AUTO DEAL�RS COVERAGE FORM 8USlNESS AUTO COVERAGE FORM gUS�N�SS AUTO PhiYSICAL DAMAGE COVERAGE FORM COMMERCIA� GENERAL LIABILITYCOVERAGE FORM COMMERCIA� UMBRELLA LiABILITY COVERAGE �QRM GARAGE COV�RAGE FORM MOTDR CARRIER COVERAGE FORM PRODUCTS/COMPLETE� OPERATIONS LIABILITY COV�RAGE FORM TRUCKERS COVER/AGE FORM Subject to ihe cancellation provisions of the Coverage Form to which this endorsement is attached, we will noi: 1. Cancel; 2. Nonrenew; or, 3. Materially change (reduce nr restrict) this Coverage Forrn, except for nonpayment nf premium, until we provide at least 3 o days writien notice o# such cancelfation, nanrenewal or material change. W�itten notice will be to the person or organization nameti in the Schedule. Such notice will be by certified mail with retum reeeipt requested. 1"his notification of caneellation, nonrenewal or material change to the person or organization named in the Schedule is i�tended as a courtesy only. Our failure to provide suc#� r�otification will not: 1. Extend any Co�erage �orm cancelfation date; 2. Negate the cancellaiion as to any insured or any certificate holder; 3. Pravide any additional ir�surance that would r�at ha�e been provided in the absence of this enciorsement; or 4. Impose liability of any icind upon us. This endorsement does not enti#le the person or organizatian named in the Schedule to any benefts, rights nr protection underthis Coverage �orr�. SCHEDkJLE Name Of Persoro 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, pro�ided #he certificat�: that certifcate of insurance 'E. Refers to this policy; 2. States that notice af: a. Canceflativn; b. IVonrenewal; or c. Material change reducing nr res#ricting co�erage; will be pr.ovided to that person or organization; 3. !s in efFect at the time of the: a Cancellation, b. Nonrenewal; or c. Maieria� change reducing or restricting co�erage, and 4. Is on file at your agent or broker's office for this policy iL70660714 CERTIFI�ATE dF INTERESTED PARTIES FORnn 1295 lofl CntnpEete Nos. 1- 4 and 6 ii there a�e inferested parties. Q��C� USE �N�Y Garnpfete NQs. i, 2, 3, 5, and s Ef there are na interested parties. CERiiF�CA'�l�N O� FfLING 1 iVame af husi;zess entiry fiting iorm, and the city, state and country nf the 6usiness entity's place Cert�fi�ate Num6er: ni hustness. ?Cl?4-124•921.4 McCfendon C:vnsiruction Go.. InG. l3tarleson, �7C �Jniied States oata Flled: 2 Name af go�ernmental entify vr staie ageaicy that is a party tn the contract fur whioh the furm is ��a�4 being filed. Ciry of Fart Warth Dat� Acknowledg�d: g Pro�ide the identifioation numher used hy the gnveminental en#ity or state agency tfl track vr idenfify the cnntract, and prodide a descriptinn of the seroices, goods, ar other property to he provided under ihe cuntract. i0337.2 S Huien 5t & Risinger Rd Nature vi interest 4 9dame nf hiterested Party City, 5tate, Gountry {plaee of f�uslness} [ch�ck appfica�ileJ Cuntrnlling Intermediary M�Clendan, Dan Burlesan, Tx United 5tates 7C Blair, Syron [B,lj Burleson, T X United 5tates x l3fair, .iusitn 8urleson, T� U�ited States 7C 5 Check only i€ there is NQ Interestec! Party. ❑ fi i1NSWQRN D�CLARATIO�V My r�ame is �U5�IC1 BI�IC , and rny date af hirth 1s �� g4 1025 Destrehan Ct 6ur�esan T� 16d�8 L15A My addre5s is �`_----- , , . ,_.---.�___---• -- {street} {ci[y} (state} [zip codeJ �countryJ t de�lare under �enalty af perjury that ihe foregoing is true and correc[. Jvhnsan TX 13 December Z4 �xecuted in �_ _, __ Counry, SFat� of , an the _.__. _ day of _�, 2Q [month} [yearJ Signaiure af au[horired agent nf conrra.cti�g business enifry (�xkarantj Farms pravided by Texas Ethi�s Corr�mission .ethics.staEe.ix.us Versian V�t.7..D.5dd7ace2 FoRT WoRTH� Routing and Transmittal Slip Transportation & Public Worl;s Department DOCUMENT TITLE: S HULEN STREET & W RISINGER ROAD M&C: 25-0090 CPN: 103312 Date: 02/24/25 To: 1. 2. 3. 4. 5. 6. 7 8 9 10. Name Donnette Murph3 Patricia Wadsack Lauren Prieur �+"i�i�(�R�mirez Doug Black Jesica McEachern Ronald Gonzales Jannette Goodall Allison Tidwell TPW Coatracts �w CSO: ment Initials �mver �� mver �L1N' ��. Signed in Agiloft �prover �� LL igner �HI„rk igner ��«��em )pmVer Ro�, �� CSCO-Form Filler �w DOC#: Date Out 25/25 04/25 03/05/25 03/05/25 03/10/25 03/10/25 03/10/25 03/11 /25 CC: Program Manager, 3r. CPO, TPW HSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR C1TY MANAGER'S SIGNATURE: All docucnents received from any and all City Depathnents requesting City Manager's signature for approval MUST BE ROUTED TO Tf� 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 ROUTIIVG TO CSO: �YES ❑No Action Reguired: ❑ As Requested ❑ For Your Information � Signature/Routing and or Recording o ��t n F11C Link to general conditions & specifications NEXT DAY: ❑YES ONo ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts a�fortworthteaas.�ov for pickup when complete. Call eat. 7Z33 or eaw 8363 with que9tions. Thank you! FORT ��RTH� Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: S Hulen St & W Risinaer Rd M&C: 25-0090 Date: 02/17/25 To: 1. 2. 3. 4. 5. 6. 7 8 9 10. Name Dan McClendon Fanta Kaba Leonel Rios Department Vendor-Signer ,- TPW-Signer ,„ TPW-Review - Initials DOC#: Date Out 02/20/25 02/20/25 02/21 /25 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents ►-eceived 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 ROUTING TO CSO: �YES ❑No Action Required: ❑ As Requested ❑ For Your Information � Signature/Routing and or Recording ❑ Comment ❑ File NEXT DAY: ❑YES ❑No ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(a�fortworthtexas.�ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! � Bond Verification CPN: 103312 CSO: � M&C