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Contract 63334
CSC No. 63334 FORTWORTH. CONTRACT FOR THE CONSTRUCTION OF Keller Hicks Road Park Vista Boulevard to Lauren Way Paving, Drainage, Utility, Illumination, and Traffic Signal Improvements City Project No. 103276 Mattie Parker Jesus "Jay" Chapa Mayor City Manager Lauren Prieur, P.E., PMP, CCM Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department December 2024 DOCUMENTS ISSUED FOR CONSTRUCTION These "Issued for Construction" Contract Documents have been prepared by revising the Bidding Documents to record references to addenda, field orders or change orders issued. The Bidding Documents may have been revised to incorporate these revisions directly into the "Issued for Construction" Contract Documents. Contractor is responsible for determining that these documents are consistent with their understanding of the Bidding Documents as modified per the appropriate provisions of the Contract Documents. The Bidding Documents, as modified per the appropriate provisions of the Contract Documents, take precedence over these "Issued for Construction" documents. Irmill'AKHOLS Freese and Nichols, Inc. 801 Cherry Street, Suite 2800 Fort Worth, Texas 76102 817-735-7300 OFFICIAL RECORD Texas Registered Engineering Firm F-2144 CITY SECRETARY FNI Project No. FT121942 FT. WORTH, Tx FORT WORTH.. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pagel of 5 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 02/08/2024 0021 13 Instructions to Bidders 01/17/2024 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form 09/30/2021 0043 13 Bid Bond 09/30/2021 00 43 37 Vendor Compliance to State Law Nonresident Bidder 09/30/2021 0045 11 Bidders Prequalifications 08/13/2021 0045 12 Prequalification Statement 09/30/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 06/07/2024 00 52 43 Agreement 3/03/2024 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 0061 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/08/2024 00 73 00 Supplementary Conditions 03/08/2024 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 3120 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 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 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 7123 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 Division 99 — Special Specifications Last Revised 99 99 99 1 Special Specifications N/A Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents: NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httDs: Hanns.fortworthtexas.eov/Proi ectResources/ CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 0334 13 Controlled Low Strength Material (CLSM) 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 2605 10 Demolition for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems 26 05 50 Communications Multi -Duct Conduit Division 31- Earthwork 31 00 00 Site Clearing 3123 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 1 31 37 00 Riprap Division 32 - Exterior Improvements 32 0117 Pet=manepA A*yalt I-r"__ 3201 18 Temporary Asphalt Paving Repair 32 1123 Flexible Base Courses 32 1129 Lime Treated Base Courses 32 1137 !iquid Traa4ed Soil Stabilize 32 1216 Asphalt Paving 32 1273 r,-aek aeala,-.+� 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 14 16 Brick TJbt :sag 32 1613 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 1725 Curb Address Painting 3231 13 Chain Fences and Gates 32 31 29 Wood Fences and Gates 3232 13 Cast -in -Place Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Roadway Right-of-ways 32 92 13 Sodding Last Revised 03/ 11 /2022 12/20/2012 02/02/2016 03/ 11 /2022 12/20/2012 11 i�14 12/20/2012 03/ 11 /2022 12/20/2012 12/20/2012 07/01 /2011 02/26/2016 03/22/2021 01/28/2013 01/28/2013 01/28/2013 04/29/2021 12/20/2012 1 2 �7zzr20,9012 12/20/2012 1 'l1 Piz 12/20/2012 12/20/2012 06/ 1�22 nonoi§ 6/07/2024 11 i�12 06/ 10/2022 12/09/2022 12/20/2012 11 i�12 12/09/2022 06/ 10/2022 11/04/2013 12/20/2012 11 i�12 12/20/2012 06/05/2018 03/ 11 /2022 05/13/2021 CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 4 Non05/1 32 92 15 I e- g&-a'iia Al l,lfle.. Seeding 10/0 3293 43 Trees Vwul73 12/20,L20i Division 33 - Utilities Testing Z2�0 33 01 31 Sewer- and MafA.ele Closed Circuit Television (CCTV) Inspection — Sanitary Sewer 09/nova 03/11/2022 33 01 32 Closed Circuit Television (CCTV) Inspection — Storm Drain 12/08/2023 3303 10 Bypass Pumping of Existin�g7 Sewer Systems 12/20/2012 Z2�0 Z2�11 joint Be.-..1in...,.-..l Qeclri .. bdatzan !''o tfol Test 112/2z 12/20,Q012 33"04 12 Ce fFesio Stations Magmoc lurt. A,.e.le !''..tl.ed a Preteet;en Syste,,., 12/20,Q012 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 3305 10 Utility Trench Excavation, Embedment, and Backfill 04/02/2021 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings 09/09/2022 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade !'',.ne t7aiiks 440 3305 17 330520 20 -ete Water- Concrete Collars 12/20,Qz 03/11/2022 171 /'l z Z2�T 33 05 22 T,,....el Liner- Plate Steel Casing Pipe LI..n.1 T,,meling 1242z 12/20/2012 12/7zzi-20,i012 --05-23 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 1105 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 13 Polyvinyl Chloride (PVC) Pressure Pipe �x T,-..ppe.1 Steel Type 09/09/2022 12/7z 33 11 � ✓3 11 1 r C j,ufe -Pipe Baf Cylinder- �ne�ete�es , , Rur- e,l Stool Pipe . a Fittings 11 /o�12 33 1210 Water Services 1-inch to 2-inch 02/14/2017 33 1220 Z2�T Resilient Seated Gate Valve A xx n Sea4e,l 05/06/2015 /7�-9 33 1225 W Rubbe,- -B tter4y Val Connection to Existing Water Mains xx7..te,- nn 02/06/2013 12/'l 33 1230 33 1240 Ceffib;n..t;e,.Air- Valve Assemblies bl;es f ,- Potable Systems Fire Hydrants z 01/03/2014 33 1250 ZZ�O StationsQ/'frr St.,..dai-7,l Blow off Valve Assembly 201Q i2 06/19,L2013 33 31 2 33 31 3' Cti-e,a i Ul..ee Pipe (GIPP� ��rr ��rr ��,,____����,,.�., Fibe,-glass D ein f ,-ee.a Pipe f ,- !`_,-.y t y G rz.t -y—Se ef-R J 12/7 z 1'� /'fry- 04012 33 31 is �� Z2�no High Density Delyethylene rz (jl�� �PE 5) PII,,, �'�" Ea�lltziPJ'�2°V6zeP PolyvinylCh efi a r,-ay t., Saa ta-Fy Sewer- Pipe 04 3 / 019 �� 09/0i 33 3 71 (PVC) gGr2tL/—. 12/20 012 TJ�TLT Pipe r�-avraviz CITY OF FORT WORTH Keller Hicks Road - Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 �z Z2�3 mar Eli;, —ining c.,..;ta-y Sewer- Pipe R., lai-7..o.v epA ,� 12/7rc�-20,L20 2 33 0 333170 Sa-a tafy Sewer- Sefy C,..meetions ceyv4ee T ; e nn lo�� 12/o�i2 ee a -a r-e ffibin tie Aif 3N,' lye > er-ee N4 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 Z2�o Precast Concrete Manholes Fibefglass Manholes 12/20/2012 12/20/2012 33 3940 33 39 60 Waste..,,.te A eeess Chamber- 0 L A G) Liners for Sanitary Sewer Structures 12/o�12 04/29/2021 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 Z2�11 i7;..L, Density Pelyethylefte(1 PE) P1p3�6�-�ta� Drain r124w0,2014z 1 1 /1 33 41 12 33 41 13 Reinfer-eed Polyethylene (C'DDE) Pipe Pelyp-,.pylene Pipe f ,- S o DrdA s ll6lio llvrr0/2022 33 46 00 Subdrainage 12/20/2012 Z2�1T �orm DY�1.L1,' n/n m77v140iz 32�= j'��/ T�E'i3711 i1W �Z 07/0 L2011 vn-ors-�vn 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 3441 10 Traffic Signals 03/11/2022 3441 10.01 Attachment A — Controller Cabinet 12/18/2015 3441 10.02 Attachment B — Controller Specification 02/2012 3441 10.03 Attachment C — Software Specification 01/2012 3/1 11 11 zn� 'ro,,.,per-..,.,, ' r-a ffie Signals no,.,,.ying TYaffie Cc;,.nal 1 11 1 /o�13 1�2 34 41 20 Roadway Illumination Assemblies 03/10 12/20/2012 34 41 20.01 3n n�02 Arterial LED Roadway Luminaires n,..,,1,. T , o 06/15/2015 c�15 34 4120.03 � -Freeway LED ay Reside�t;.,l LED n,..,,1,. ay T � �.�Ir.�.rs 06/10 0n1 c 6/1 5/2 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single -Mode Fiber Optic Cable 02/26/2016 3471 13 Traffic Control 03/22/2021 Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised June 7, 2024 ACITY COUNCIL AGEND Create New From This M&C DATE: 5/13/2025 REFERENCE **M&C 25- LOG NAME NO.: 0431 CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FoRWox'11�rH 20KELLER HICKS PH 2 CONSTRUCTION- MCCLENDON Ice SUBJECT: (CD 10)?Authorize Execution of a Construction Contract?with McClendon Construction Company, Inc., in the Amount of $10,613,708.00, for?Keller Hicks Road from Park Vista Boulevard to Lauren Way Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2025-2029 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with McClendon Construction Company, Inc.,?in the amount of $10,613,708.00 for the construction of Keller Hicks Road from Park Vista Boulevard to Lauren Way?project (City Project No. 103276); and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $1,064,906.00, transferred from available PayGo funds within the Water and Sewer Fund, for the purpose of funding the Keller Hicks Road from Park Vista Boulevard to Lauren Way project (City Project No. 103276) to effect a portion of Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a contract?with McClendon Construction Company, Inc.?in the amount of $10,613,708.00 for?Keller Hicks Road from Park Vista Boulevard to Lauren Way. Keller Hicks is approximately 3,100 feet in length and is identified in the City's Master Thoroughfare Plan as a 3-lane commercial connector. The proposed project will replace the existing two-lane asphalt road with a three -lane concrete street with travel lanes in each direction and, a two-way left turn lane, drainage, relocation and replacement of an existing 12-inch PVC water line that is too shallow, street lights, ten -foot sidewalks and American with Disabilities Act (ADA) facilities. The project was advertised for bid on January 8, 2025,?and January 15, 2025,?in the?Fort Worth Star - Telegram.? On February 13, 2025,?the following bids were received: Total Alternate Total Alternate B Bidders Acceptable Controlled Low- Backfill Material Strength Material (ABM)* Backfill (CLSM)* McClendon Construction Company, Inc. $10,613,708.00 $11,059,724.00 DDM Construction Corporation $12,127,812.50 $12,802,752.50 Tiseo Paving Company $12,367,705.70 $12,858,361.70 McMahon Contracting, L.P. $12,822,947.88 $13,344,751.72 Jackson Construction Ltd. $13,144,958.50 $13,588,028.50 Rebcon, LLC $13,424,216.00 $13,915,736.00 Axis Contracting, Inc. $14,102,591.43 $14,494,060.43 In an attempt to expedite the construction of the water main that is included in the project, staff advertised the project with two alternate backfill materials: Acceptable Backfill Material (ABM) and Controlled Low -Strength Material (CLSM). Staff recommends award of the contract with ABM due to the significantly higher cost of the CLSM backfill ($440,960.00 vs $886,976.00) The Transportation & Public Works Department's (TPW) share on this contract is $9,703,337.45. The Water Department's share of this contract is $910,370.55 and will be available in the Water & Sewer Capital Projects Fund for the project (City Project No. 103276). In addition to the contract amount, $109,016.45 is required for project management, material testing, and inspection, and $45,519.00 is provided for project contingencies. This project will have no impact on the Transportation & Public Works' nor the Water Department's operating budgets when completed. It is the practice of the Water Department to appropriate its Capital Improvement Plan throughout the Fiscal Year (FY), instead of within the annual budget ordinance. As projects commence, additional funding needs are identified and appropriated to comply with bond covenants. The actions of this M&C will appropriate funds of the Water Department's portion of the City of Fort Worth's Fiscal Years 2025-2029 Capital Improvement Program as follows: Capital project FY2025 CIP Budget Change Revised Fund Name Appropriations Authority (Increase/Decrease) FY2025 Name Budget 56002- 103276 W&S - Keller Capital Hicks $0.00 This M&C $1,064,906.00 $1,064,906.00 Projects Road Fund Funding is currently available in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the Keller Hicks Road from Park Vista Boulevard to Lauren Way project. Funding is also budgeted in the 2022 Bond Program Fund and Transportation Impact Fee Cap Fund for the Keller Hicks Road project. FY2025 - Water PAYGO Appropriations per City ordinance 27107-09-2024 FY2025 Original Adopted PayGo FY2025 Amended PayGo (includes any council actions subsequent to budget adoption) YTD PayGo Approved for/Moved to Capital projects This M&C FY2025 Remaining PayGo Balance $92,597,771.00 $92,597,771.00 ($41,009,169.00) ($1,064,906.00) $50,523,696.00 Note: there may be other pending actions or recently approved actions that are not reflected in the table due to timing. Appropriations for the water, sanitary sewer, and paving improvements for Keller Hicks Road from Park Vista Boulevard to Lauren Way project by Fund will consist of the following: Funds Existing Additional project Total* Appropriations Appropriations 34027 - 2022 Bond Program $9,200,000.00 $0.00 $9,200,000.00 Fund 56002 - W&S $87,250.00 $1,064,906.00 $1,152,156.00 Capital Projects Fund 30104 - Developer $700,000.00 $0.00 $700,000.00 Contribution 30108 - Transportation $1,150,000.00 $0.00 $700,000.00 Impact Fee Cap Project Total $11,137,250.00 $1,064,906.00 $12,202,156.00 *Numbers rounded for presentation purposes. (1) Existing 2022 Bond funding is in the amount of $9,200,000.00. Appropriation of an additional $1,500,000.00 will precede this M&C via the M&C 20\_2022 Funding Shuffle, with an anticipated Council meeting date of May 13, 2025. Construction of Keller Hicks from Park Vista Boulevard to Lauren Way?is anticipated to begin in the Summer?of 2025. This project is included in the 2022?Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). DVIN-BE: The Business Equity Division placed a 9.84\% business equity goal on this solicitation/contract. McClendon Construction Company, Inc., will be exceeding the goal at 17.10\%, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. Funding for this project was?not included in the FY2025-2029?Capital Improvement Program (CIP)? because construction cost estimates were not complete at the time of CIP development.? The action in this M&C will amend the FY2025-2029?Capital Improvement Program. The Project is located in COUNCIL DISTRICT 10. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the Water & Sewer Fund and in the Keller Hicks Road?project within the 2022 Bond Program Fund and the Transportation Impact Fee Cap Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available?in the W&S Capital Projects Fund, 2022 Bond Program Fund and Transportation Impact Fee Cap Fund for the Keller Hicks Road project to support the above recommendations and execution of the contract.? Prior to any expenditure being incurred, the Water Department and Transportation & Public Works Department have the responsibility to validate the availability of funds. TO Fund Department Account Project ID ID FROM Fund Department Account Project ID ID Submitted for Citv Manaaer's Office bv: Originating Department Head: Program Activity Budget Reference # Amount Year (Chartfield 2) Program Activity Budget Reference # Year (Chartfield 2) Jesica McEachern (5804) Lauren Prieur (6035) Amount Additional Information Contact: 0005 15- 1 ADDENDA Page 1 of 5 1 KELLER HICKS PHASE 2 (CPN 103276) ADDENDUM NO. 1 2 SECTION 00 05 15 3 ADDENDUM NO. 1 4 5 KELLER HICKS PHASE 2 — PARK VISTA TO LAUREN WAY 6 City Project No. 103276 7 8 Issue Date: January 24, 2025 9 Bid Receipt Date: February 13, 2025 10 11 This addendum forms part of the Contract Documents referenced above and modifies the 12 original Contract Documents. Failure to acknowledge receipt of this addendum by 13 completing the requested information at the following locations shall be grounds for 14 rendering the bid non -responsive. 15 1. In the space provided in Section 00 4100 — Bid Form of the Bid Proposal 16 2. Execute the acknowledgment below and submit a signed copy with your 17 proposal at the time of the bid submittal. 18 19 1) Summarized below are responses to questions asked during the pre -bid meeting: 20 21 a) Q: What is the MBE requirement for this project? 22 A: 9.84% 23 24 b) Q: There are two contract times provided in the specification. One is 540 25 calendar days (P 24) and the other is 740 calendar days (P 57). Please clarify 26 the contract time. 27 A: The contract time is 780 days. Page 24 (Section 00 41 00) will be updated to 28 reflect this. 29 30 c) Q: Are there any franchise utility issues? 31 A: The Oncor and Tri-County overhead poles have already been relocated. 32 Underground utilities Atmos, AT&T, and Frontier should finish relocating in 33 March 2025. The City does not anticipate any franchise utility issues but will 34 provide updated information if this changes. 35 36 d) Q: You have a bid item for Landscape and Irrigation adjustment. This type 37 item is usually prebid and reimbursed to the contractor. Will you provide a 38 prebid price for this? 39 A: This item (I-15) will be removed. Any potential landscape or irrigation 40 adjustments will be made via the Construction Allowance. CITY OF FORT WORTH Keller Hicks Phase 2 — Park Vista to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103276 Revised December 20, 2017 0005 15-2 ADDENDA Page 2 of 5 2 e) Q: Item I-13 is for Traffic Control Details. You have these details in the 3 plans. Are there other details required? 4 A: This is to pay the contractor to produce Traffic Control Plans if they need to 5 produce them. 6 7 f) Q: Who had the Keller Hicks Phase 1 contract? 8 A: McMahon Contracting 9 10 g) Q: Where on the plans is item I-28, Site Clearing? 11 A: We've itemized many of the removals and will remove this item (Item I-28). 12 13 h) Q: Would the City be flexible on the proposed construction phasing plan? 14 A: Yes, the City is willing to modify the construction phasing plans if a contractor 15 has a reasonable plan that maintains driver access to each driveway within the 16 project limits. 17 18 i) Q: The construction phasing typical sections for phases 1B and 2B have a 19 barrel then 3:1 slope down to top of proposed pavement. The contractor will 20 need additional room to grade down to the subgrade. Would the City prefer 21 to add concrete barrier to allow for a steeper slope than 3:1? Or would the 22 City prefer a different solution? 23 A: The City will add new bid items for TxDOT low -profile concrete barrier Type 24 1 and Type 2. These new items will be added to the specifications and planset. 25 The phasing typical sections will also be updated to reflect the concrete barrier. 26 27 j) Q: Please verify the contraction joint spacing shown on plansheet 85. It 28 shows 15' with saw joint halfway between. 29 A: This detail will be updated to reflect larger spacing between joints (30' 30 contraction joint spacing and 15' dummy joint spacing). 31 32 k) Q: We need a bid item for removing and replacing epoxy liner on existing 33 structures to be paid by VF. 34 A: Item I-142 covers removing and replacing epoxy liner for both existing and 35 proposed structures. No additional bid item is needed. 36 37 1) Q: Prequalification requirement for Asphalt Paving: There is no permanent 38 asphalt paving for the project. Temporary work for temporary trench 39 repair or temporary widening doesn't generally require a prequalified 40 contractor. Is this required here? CITY OF FORT WORTH Keller Hicks Phase 2 — Park Vista to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103276 Revised December 20, 2017 000515-3 ADDENDA Page 3 of 5 1 A: City will not require a prequalified contractor for the temporary asphalt 2 paving. That prequalification will be removed from the project specifications. 3 4 m) Q: There are some junction boxes that we will have to cut into to the existing 5 storm drain but we don't have items for them. Could we get items for cut in 6 5' junction box 1 EA and cut in 4' junction box 2 EA? These junction boxes 7 are shown on plansheets 117, 119, and 120. 8 A: This question will be addressed in Addendum #2 to provide time for an 9 updated detail/plan. 10 11 n) Q: Please verify the height of the mono curb. Sheet 9 shows 6" and sheet 93 12 indicates 7". 13 A: Mono curb height will be 6". Sheet 93 will be updated to reflect this change. 14 15 o) Q: We need an item for 4' manhole extra depth to be paid by VF. 16 A: Agree, we will add a new bid item for 4' extra depth manhole and add quantity 17 for manholes deeper than 6'. 18 19 p) Q: Will the city release a project estimate for this project? 20 A: Yes, the project estimate is $11.9 million. 21 22 q) Q: Will the pre -bid presentation and the Q&A be posted on Bonfire? 23 A: The questions and answers will be included in the first addendum. 24 25 r) Q: We need an item for either cut in tee or cut in fire hydrant for the 4 fire 26 hydrants that we need to install on the existing waterline shown on sheets 27 163-166. 28 A: Agreed. We will add additional quantity to Item 1-119 for these connections. 29 30 s) Q: Temporary pavement markings are called out as a subsidiary item. Can 31 you identify what temporary markings are required? 32 A: No temporary markings are anticipated. However, if the contractor decides to 33 alter the construction phasing plan (with City approval) and the new plan involves 34 temporary markings, those temporary markings would be subsidiary to the Traffic 35 Control bid item. 36 37 t) Q: Several of the driveways are designated as Commercial but I only find the 38 residential driveway detail in the plans. CITY OF FORT WORTH Keller Hicks Phase 2 — Park Vista to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103276 Revised December 20, 2017 0005 15 - 4 ADDENDA Page 4 of 5 1 A: All driveways will use the residential driveway detail included in the plans. 2 The text designating driveways as `residential' or `commercial' on the roadway 3 plansheets only applies to the purpose of each driveway. It is not referencing 4 separate details. 5 6 u) Q: We need an item for installing water services on the existing waterline 7 shown on sheet 163 - 4 EA 8 A: This question will be addressed in Addendum #2 to provide time for 9 clarification. 10 11 v) Q: The majority of the water and sewer lines on this project call for CLSM 12 backfill. The CLSM is very expensive, and these lines are deep so it's a lot of 13 added cost to the project. According to the bore logs, the native material 14 should be acceptable to use as backfill. If it is determined that the water and 15 sewer lines need CLSM backfill, then would the city pay for it by the Cubic 16 yard? With the depth of these lines, it will be hard to estimate how much 17 CLSM contractors need to put into our bids, and we'll have to protect 18 ourselves. Paying for it by the cubic yard ensures that the city is only paying 19 for what actually gets installed. 20 A: This question will be addressed in Addendum #2 to provide time for 21 clarification. 22 23 w) Q: The links associated with the required forms are not accessible. We've be 24 unable to locate them on the city's website. Would the owner please upload 25 them to Bonfire. 26 A: If you copy the link and paste in a new tab the documents will come up. If you 27 need access to certain documents you can't find, please email Mitch Aiton and he 28 can help out. 29 30 x) Q: Will a link be provided to a bid reading online since bids are to be 31 submitted online? 32 A: Not at this time 33 34 y) Q: Will there be an available Planholders List for this project? 35 A: Where you list yourself as an interested Contractor, you can see other 36 interested Contractors who wish to be listed. 37 38 2) The Following Bid Items have been impacted and updated in Bonfire: 39 a) Bid Items I-15 and I-28 removed. 40 b) Bid Item I-119 updated. CITY OF FORT WORTH Keller Hicks Phase 2 — Park Vista to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103276 Revised December 20, 2017 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 000515-5 ADDENDA Page 5 of 5 c) Bid Items I-17A, I-1713, I-17C, 1-171), and I-143A added. 3) The following modifications to the Project Manual: a) Delete section 00 4100 of the Project Manual and replace it with the attached revised section 00 4100. b) Delete section 00 42 43 of the Project Manual and replace it with the attached revised section 00 42 43. c) Delete section 00 45 12 of the Project Manual and replace it with the attached revised section 00 45 12. d) Delete section 99 99 99 of the Project Manual and replace it with the attached revised section 99 99 99. 4) The following modifications to the Plan Set: a) Replace sheets 2, 7, 8, 28, 85, and 93. b) Add sheets 52A and 52B. END OF SECTION RECEIPT ACKNOWLEDGED By- Comoanv: McClendon Const Co Inc TRANSPORTATION & PUBLIC WORKS DEPARTMENT ou c=us E mi neoaio���nmronniaaa soy, cry=nnn�n Bv: Mitch Aiton Re�:o em�aa �o,of1 a6� mam Daie'. 2�26.012016 3132-06'00' Mitch Aiton, P.E., P.M.P. Project Manager CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2017 Keller Hicks Phase 2 — Park Vista to Lauren Way City Project No. 103276 000515-1 ADDENDA Page 1 of 3 1 KELLER HICKS PHASE 2 (CPN 103276) ADDENDUM NO.2 2 SECTION 00 0515 3 ADDENDUM NO.2 4 5 KELLER HICKS PHASE 2 — PARK VISTA TO LAUREN WAY 6 City Project No. 103276 7 8 Issue Date: January 31, 2025 9 Bid Receipt Date: February 13, 2025 10 11 This addendum forms part of the Contract Documents referenced above and modifies the 12 original Contract Documents. Failure to acknowledge receipt of this addendum by 13 completing the requested information at the following locations shall be grounds for 14 rendering the bid non -responsive. 15 1. In the space provided in Section 00 4100 — Bid Form of the Bid Proposal 16 2. Execute the acknowledgment below and submit a signed copy with your 17 proposal at the time of the bid submittal. 1s 19 1) Summarized below are responses to questions asked after the issuance of Addendum 20 No. 1: 21 22 a) Q: There are some junction boxes that we will have to cut into to the existing 23 storm drain but we don't have items for them. Could we get items for cut in 24 5' junction box 1 EA and cut in 4' junction box 2 EA? These junction boxes 25 are shown on plansheets 117, 119, and 120. 26 A: When a new junction box is to be installed on an existing storm drain pipe, the 27 plans and specifications will be updated to show the removal of a portion of the 28 upstream and downstream pipe and installation of reinforced concrete pipe for the 29 connection to each new junction box. 30 31 b) Q: We need an item for installing water services on the existing waterline 32 shown on sheet 163 - 4 EA. 33 A: The description for bid item I-121 was updated to specify existing water main 34 connection. Items I-120 and I-122 will remain the same. The plan callouts on 35 sheet 163 will be updated to show the water service and the water service meter 36 reconnection separately. 37 CITY OF FORT WORTH Keller Hicks Phase 2-ry Park Vista to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103276 Revised December 20, 2017 0005 15 - 2 ADDENDA Page 2 of 3 1 c) Q: Detail 32 13 20 D546 shows that sidewalk, when adjacent to the curb, 2 requires a deep concrete edge at back of curb with dowels into the pavement 3 structure. When this condition exists, it is typical to have a separate pay item 4 for sidewalk adjacent to curb, as this deep edge adds significant cost. The 5 typical roadway section on sheet 10 of the plans does not depict this deep 6 edge. It would also follow that where the stamped/integral color concrete is 7 to be constructed (sheets 59-61), although details are not provided for it, the 8 deep edge would also be required. Can we get clarification on these items? 9 A: The "3213.0311, 4" Cone Sidewalk, Adjacent to Curb" bid item and quantity 10 will be added to the project and a Stamped and Colored Concrete detail will be I added to Sheet 83. A thickened edge will be added to the Stamped and Colored 12 Concrete detail. 13 14 d) Q: How does the City want to quantify/install CLSM in regards to the 15 proposed water and sewer lines? 16 A: This item will be addressed in addendum #3. 17 18 e) Q: Regarding the pavement marking items, can you please specify what 19 "HAS" and "HAE" stand for? 20 A: Thermoplastic Hot -Applied Spray (HAS) and Thermoplastic Hot -Applied 21 Extruded (HAE). Please refer to Specification 32 17 23 for more detail on both. 22 23 f) Q: Addendum 1 added item I-17A to utilize TxDOT low profile concrete 24 traffic barriers. Would the City allow the use of F-Shape CTB and 25 attenuators in lieu of the low profile barriers? 26 A: Please bid for the Low Profile Barriers shown. If Low Bidder wants to 27 propose the F-shape, we can talk about it after the contract is executed. 28 29 30 2) The Following Bid Items have been impacted and updated in Bonfire: 31 a) Bid Items I-40, I-41, I-64, I-72, I-74, I-78, I-81, and I-121 updated. 32 b) Bid Item 1-40A and I-64A added. 33 34 3) The following modifications to the Project Manual: 35 a) Delete section 00 42 43 of the Project Manual and replace it with the attached 36 revised section 00 42 43. 37 38 CITY OF FORT WORTH Keller Hicks Phase 2 — Park Vista to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103276 Revised December 20, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 000515-3 ADDENDA Page 3 of 3 4) The following modifications to the Plan Set: a) Replace sheets 7, 8, 10, 24, 83, 117, 119, 120, and 163. END OF SECTION RECEIPT ACKNOWLEDGED TRANSPORTATION & PUBLIC WORKS DEPARTMENT Mitch Aiton D''((/, _G�u 9��miaven.n�.on?�fonwortrc.ernsgrn_ B T�] . -�.. .-- Mitch Aiton, P.E., P.M.P. Colrlpanv: /4 L-lie, Project Manager CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2017 Keller Hicks Phase 2— Park Vista to Lauren Way City Project No. 103276 0005 15- 1 ADDENDA Pagel of 4 1 KELLER HICKS PHASE 2 (CPN 103276) ADDENDUM NO.3 2 SECTION 00 05 15 3 ADDENDUM NO.3 4 5 KELLER HICKS PHASE 2 — PARK VISTA TO LAUREN WAY 6 City Project No. 103276 7 8 Issue Date: February 7, 2025 9 Bid Receipt Date: February 13, 2025 10 11 This addendum forms part of the Contract Documents referenced above and modifies the 12 original Contract Documents. Failure to acknowledge receipt of this addendum by 13 completing the requested information at the following locations shall be grounds for 14 rendering the bid non -responsive. 15 1. In the space provided in Section 00 4100 — Bid Form of the Bid Proposal 16 2. Execute the acknowledgment below and submit a signed copy with your 17 proposal at the time of the bid submittal. 18 19 1) Summarized below are responses to questions asked after the issuance of Addendum 20 No. 2: 21 22 a) Q: It appears the bid quantity for the 4' and 5' junction boxes are switched, 23 can you confirm these quantities? 24 A: Yes, bid items I-84 and 1-85 have been updated to 8 and 4 EA. 25 26 b) Q: Will precast RCB be allowed for this project? 27 A: Yes, please see specification 33 41 10 Section 2.2.A.2 for more clarification. 28 29 c) Q: The only detail we could find for the RCB is in the Fort Worth standard 30 specification and it appears to be for precast RCB, will this detail apply for 31 cast in place RCB? 32 A: The standard details included in the issued for bid plans are for cast -in -place 33 RCB. Reference precast RCB standards (TxDOT SCP-MD and TxDOT SCP-10) 34 added with Addendum No. 3 and City of Fort Worth Specification Section 33 41 35 10 - 2.2.A.2. 36 37 d) Q: Can you explain what item I-71 (unclassified excavation) is for since there 38 is another excavation item (I-34)? 39 A: For clarity, I-71 will be removed and the quantity will be added to I-34. CITY OF FORT WORTH Keller Hicks Phase 2 — Park Vista to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103276 Revised December 20, 2017 0005 15 - 2 ADDENDA Page 2 of 4 2 e) Q: There seems to be a large discrepancy between our takeoff quantity and 3 bid quantity on item I-34 and I-35. Can you confirm the quantity for the 4 excavation item (I-34) and embankment item (I-35)? 5 A: Yes, bid item I-34 has been updated to 16,000 CY based on previous question 6 and quantity increase. Bid item I-35 has been confirmed and will not be updated. 7 8 f) Q: Will we be required to backfill in accordance with the details on sheet 200 9 that will require CLSM or CSS for the temporary trench repair. If we are, 10 can you explain why? This will be a significant cost and seems like overkill 11 since the entire roadway is being reconstructed. 12 A: The project specifications (Unit II) will be updated to include two bid 13 alternatives for the backfill of Water Line A: 14 • Alternative A — Acceptable Backfill for Water Line A 15 o ACCEPTABLE BACKFILL (SEE DETAIL 8 ON SHEET 200) 16 o Applicable from STA. 4+55.87 to STA. 24+70.00 and from STA. 17 24+90.00 to STA. 28+55.00 and from STA. 29+70.00 to 33+50.00 18 • Alternative B — CLSM Backfill for Water Line A 19 o CLSM BACKFILL (SEE DETAIL 6 ON SHEET 200) 20 o Applicable from STA. 4+55.87 to STA. 24+70.00 and from STA. 21 24+90.00 to STA. 28+55.00 and from STA. 29+70.00 to 33+50.00 22 23 g) Q: Can you confirm the remove asphalt drive item quantity, there looks to be 24 a unit conversion error. 25 A: Yes, bid item I-20 has been updated to 4,100 SF. 26 27 h) Q: Are trees under 6" going to be paid for by the above -mentioned item? 28 A: Any landscape material not called out by line item shall fall under Unclassified 29 Excavation. If there is a dispute on the size of the tree, that can be discussed with 30 selected contractor. 31 32 i) Q: Can a prep right of way item be added due to the miscellaneous items 33 shown in the demo plans. 34 A: Items called out on the demo plans have been provided as a bid item. If an 35 unforeseen item appears needs to be discussed with the selected contractor, we 36 can discuss that. 37 38 CITY OF FORT WORTH Keller Hicks Phase 2 — Park Vista to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103276 Revised December 20, 2017 000515-3 ADDENDA Page 3 of 4 1 j) Q: Will a slip form paver be required for this project? 2 A: Assume all pavement outside of intersections to be paved by slip form. City 3 can work with selected contractor about special situations. 4 5 k) Q: What will the minimum slope requirements be for the areas adjacent to 6 the traffic? 7 A: Contractor to use temporary concrete barrier in instance where they can't meet 8 slopes shown on Typical Section. For temporary situations in between, we can 9 discuss those with the selected contractor. 10 11 1) Q: Reinforcing details for paving - Revised sheet 85 calls for a centerline 12 joint as "Construction Joint per 32 13 13 D(511 or 512)". Below that note is 13 an arrow pointing to reinforcement for the joint and calling out a #6 x 50" 14 deformed bar at 24" OC. Neither of the cited details shows a bar of that 15 dimension and length. What will that joint require? Also, the contraction 16 joint on the revised sheet 85 calls for a 1 1/4" x 18" smooth dowel on 12" 17 centers. The contraction joint detail 32 13 13 D515 on sheet 88 calls for a #4 18 x 20" smooth dowel at 18" centers. Please clarify the requirements for these 19 joints? 20 A: Yes, sheet 85 will be updated and reissued with Addendum No. 3. 21 22 m) Q: Item I-53 4" cone sidewalk, stamped and integral color - Will a sidewalk 23 lug be required for this item? 24 A: Yes, a sidewalk lug will need to be constructed with the "4" Conc Sidewalk, 25 Stamped and Integral Color" item. Please reference response within Addendum 26 No. 2. 27 28 n) Q: On sheet 61 and 73 you refer to proposed retaining wall "A". On sheet 29 112 this same structure is referred to as PW-1 and SW-0 Wing walls. Our 30 intent is to bid these items under the PW-1 and SW-0 pay items. Please 31 confirm. 32 A: Yes, please bid these improvements under the PW-1 and SW-0 pay items. 33 34 o) Q: Expansion Joint Detail — The expansion joint detail for the concrete 35 paving shown on sheet 90 does not specify the length and spacing o the 36 smooth dowel, only the size (#9). Please provide length and spacing. 37 A: Yes, sheet 87 will be updated to include D512, D513, D514 and reissued with 38 Addendum No. 3. 39 40 CITY OF FORT WORTH Keller Hicks Phase 2 — Park Vista to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103276 Revised December 20, 2017 0005 15 - 4 ADDENDA Page 4 of 4 1 2) The Following Bid Items have been impacted and updated in Bonfire: 2 a) Bid Items I-20, I-34, I-84, I-85, I-143B, II-6, and II-7 updated. 3 b) Bid Items 11-24,11-25,11-A-1, II-B-1, and 11-B-2 added. 4 c) Bid Item I-71 and II-4 removed. 5 6 3) The following modifications to the Project Manual: 7 a) Delete section 00 42 43 of the Project Manual and replace it with the attached 8 revised section 00 42 43. 9 b) Delete section 00 4100 and 00 45 12 of the Project Manual and replace it with the 10 attached revised section 00 4100 and 00 45 12. The contractor prequalification 11 statement has been revised. The water prequalification was modified to be for 12 sizes 12" and under. A sanitary sewer manhole/structure interior lining 13 prequalification was added. 14 15 4) The following modifications to the Plan Set: 16 a) Replace sheets 2, 7-8, 85, 87, 170-178, and 199-200. 17 b) Add sheet 160A "SCP-MD -Precast Miscellaneous Details" and 160B "SCP-10 — 18 Precast 10' Span Boxes". 19 20 21 22 23 24 25 26 27 28 END OF SECTION RECEIPT ACKNOWLEDGED Companv: McClendon Const Co Inc TRANSPORTATION & PUBLIC WORKS DEPARTMENT ��Itelty signetl by Mlkh AXon Bv: Mitch Aiton Rey ° am ne'n�lat�= a memee9e . Date: 202, 020 10'153 0600' Mitch Aiton, P.E., P.M.P. Project Manager CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2017 Keller Hicks Phase 2 — Park Vista to Lauren Way City Project No. 103276 000515-1 ADDENDA Page 1 of 1 1 KELLER HICKS PHASE 2 (CPN 103276) ADDENDUM NO.4 2 SECTION 00 05 15 3 ADDENDUM NO.4 4 5 KELLER HICKS PHASE 2 — PARK VISTA TO LAUREN WAY 6 City Project No. 103276 7 8 Issue Date: February 11, 2025 9 Bid Receipt Date: February 13, 2025 10 11 This addendum forms part of the Contract Documents referenced above and modifies the 12 original Contract Documents. Failure to acknowledge receipt of this addendum by 13 completing the requested information at the following locations shall be grounds for 14 rendering the bid non -responsive. 15 1. In the space provided in Section 00 4100 — Bid Form of the Bid Proposal 16 2. Execute the acknowledgment below and submit a signed copy with your 17 proposal at the time of the bid submittal. 18 19 1) The Following Bid Items have been impacted and updated in Bonfire: 20 a) Bid Item I-106, I-143B, II-24, II-25 removed. 21 i) Bid Item I-106 was removed due to a revision in plans prior to the bid, and 22 the item was not necessary anymore. 23 ii) Bid Item I-143B, II-24, and II-25 are being removed. All CSS and CLSM 24 required for the base bid are included in the existing pipe line items. 25 26 END OF SECTION 27 28 RECEIPT ACKNOWLEDGED TRANSPORTATION & PUBLIC WORKS 29 DEPARTMENT 30 31 Gg alyap etl Dy Mi6M1 M 32 Bv: Bv: Mitch AitonCN e,MSaee�a maeae Daie'2025.02.11 13:11:3606'00' 33 Mitch Aiton, P.E., P.M.P. 34 Comnanv: McClendon Const Co Inc Project Manager CITY OF FORT WORTH Keller Hicks Phase 2 — Park Vista to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103276 Revised December 20, 2017 0011 13 INVITATION TO BIDDERS Paget of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of CPN 103276 - Keller Hicks Road — Park Vista Boulevard to Lauren Way ("Project") will be received by the City of Fort Worth via the Procurement Portal httus://fortworthtexas.bonfirehub.com/Aortal/?tab=oi)en0unortunities under the respective Project until 2:00 P.M. CST, Thursday, February 13, 2025. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST in the City Council Chambers at Fort Worth City Hall, 100 Fort Worth Trail, Fort Worth, Texas, Mezzanine, Room CH—MZ10-12. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: httDs://fortworthtexas.bonfirehub.com/Dortal/?tab=oDenODDortunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non -responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised 2/08/24 0011 13 INVITATION TO BIDDERS Page 2 of 3 SUPPORT For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en- us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. 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: Removal of existing improvements and construction of three -lane 8" concrete pavement with curb and lime treated subgrade (16,400 SY), 4" concrete sidepath (56,000 SF), cast -in -place concrete retaining wall (1,700 SF), concrete box culvert with end treatments (10'x4' RCB — 230 LF and 10'x6' — 300 LF), storm drain line (various diameters — 2,900 LF), roadway illumination assemblies (14 EA), sanitary sewer line and appurtenances (8" — 200 LF and 18" — 90 LF), 12" water line and appurtenances (3,000 LF), pavement markings, signage, and traffic signal (1 EA) improvements. 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=ol2enOpportunities, under the respective Project. Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting "yes" under the Intent to Bid section. All Addenda will be posted in the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=ol2enOpportunities, 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: January 21, 2025 TIME: 2:00 P.M. CST Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised 2/08/24 0011 13 INVITATION TO BIDDERS CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. ADVERTISEMENT DATES January 8, 2025 January 15, 2025 END OF SECTION Page 3 of 3 CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised 2/08/24 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 9 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making electronic Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequaliication as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre -qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: httDS://aDDS. fortworthtexas.2ov/Proi ectResources/ CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.1.1. Paving — Requirements document located at: httDs://arms. fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2OPavina %20Contractor%2OPrecivalification%2OProLram/PREOUALIFICATION%20REO UIREMENTS%20FOR%2OPAVING%2000NTRACTORS.bdf 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: httDS://apps. fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2ORoadwa v%20and%2OPedestrian%2OLi2htin2%2OPrequalification%2OPro2ram/STREET% 20LIGHT%20PREOUAL%20REOMNTS.Ddf 3.1.3. Water and Sanitary Sewer — Requirements document located at: httDS://apps. fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/Water%20and%2 OSanitarv%2OSewer%2OContractor%2OPrequalification%2OPropram/W SS%2ODre 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 the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 3.5. Omitted 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Omitted 4.1.5. 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. 4.1.6. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.7. 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. 4.1.8. 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. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.1.9.Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City electrically through the Vendor Discussions section under the respective Project via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=oi)en0pportunities on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications shall be posted under the respective Project via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=ol2enOpportunities 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibrM.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal httDS://fortworthtexas.bonfirehub.com/portal/?tab=ODenODDortunities. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.4. Contractor shall perform with his own organization, work of a value not less than 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 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httns://www.ethics.state.tx.us/data/forms/1295/1295.udf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 103276 Revised/Updated 1/17/24 0035 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) htti)s://www.ethics.state.tx.us/data/forms/conflict/CIS.i)df ❑ CIQ Form does not apply ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply ❑ CIS Form is on File with City Secretary ® CIS Form is being provided to the City Secretary BIDDER: By: Signature: Title: Dan McClendon, President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Keller Hicks Road — Park Vista Boulevard to Lauren Way Revised February 24, 2020 CPN 103276 0041 00 BID FORM 3 Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: Keller Hicks Road - Park Vista Boulevard to Lauren Way City Project No.: 103276 Units/Sections: UNIT l - TPW IMPROVEMENTS UNIT II - WATER IMPROVEMENTS (12" WATER LINE A) UNIT III - TRAFFIC SIGNAL AND ILLUMINATION IMPROVEMENTS 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Keller Hicks Road — Park Vista Boulevard to Lauren Way Revised 9/30/2021 CPN 103276 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER) b. Roadway and pedestrian lighting c. Wastewater Urban/Renewal Open Cut (18" and under) d. Water Urban/Renewal Open Cut (12" and under) e. Sanitary Sewer Manhole/Structure Interior Lining — Warren or Chesterton Coating €. R1 h. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 780 calen. days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBEw Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Keller Hicks Road — Park Vista Boulevard to Lauren Way Revised 9/30/2021 CPN 103276 0041 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. it is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid 7. Bid Submittal This Bid is submitted on 02/13/2025 Respe ully ubmitted, By: (Signature) Dan McClendon (Printed Name) Title: President Company: McClendon Construction Company Inc Address: PO Box 999 Burleson, Texas 76097 State of Incorporation: Texas Email: dan@mcclendonconstruction.com Phone: 317/295-0066 END OF SECTION #REF! by the entity named below. Receipt is acknowledged of the Initial following Addenda: Addendum No. 1: Addendum No. 2: �. Addendum No. 3: p Addendum No. 4: r Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Keifer Hicks Road — Park Vista Boulevard to Lauren Way Revised 913012021 CPN 103276 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information Bidlist Item No. Description UNIT I - TPW IMPROVEMENTS GENERAL I-1 0 170.0 100 Mobilization (5%) I-2 0171.0101 Construction Staking (For All Except Water and Sanitary Sewer) I-3 0171,0102 As -Built Survey (For All Except Water and Sanitary Sewer) 1-4 3125.0101 SWPPP > 1 acre 1-5 3291.0100 Topsoil 1-6 3292,0100 Block Sod Placement 1-7 3305.0103 Exploratory Excavation of Existing Utilities 1-8 3471.0001 Traffic Control 1-9 3212.0304 4" Asphalt Pvmt Type D (Temp Pavement for TCP) 1-10 3211.0112 6" Flexible Base, Type A, GR-1 (Temp Pavement for TCP) 1-11 0241. l 100 Remove Asphalt Pvmt (Temp Pavement for TCP) 1-12 3471.0002 Portable Message Sign 1-13 3471.0003 Traffic Control Details 1-14 9999.GN01 Tree Protection 1-15 REMOVED 1-16 9999.GN03 Contingency Allowance - TPW Improvements 1-17 9999.GN04 Care of Water During Construction 1-17A 9999.GN05 TXDOT PORT CTB (FUR & INST)(LOW PROF)(TY 1) I-17B 9999.GN06 TxDOT PORT CTB (FUR & INST)(LOW PROF)(TY 2) I-17C 9999.GN07 TXDOT PORT CTB (REMOVE)(LOW PROF)(TY 1) I-17D 9999.GN08 TXDOT PORT CTB (REMOVE)(LOW PROF)(TY 2) REMOVALS I-18 0241.0100 Remove Sidewalk I-19 0241.0401 Remove Concrete Drive 1-20 0241.0402 Remove Asphalt Drive I-21 0241.0500 Remove Fence I-22 0241.0550 Remove Guardrail I-23 0241.0702 Relocate Mailbox - Traditional CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT$ Revised 9/3012021 A Specification Section No. Unit of I Bid Measure I Quantity 00 42 43 PROPOSALFORM Page 1 of 13 PROPOSAL FORM Bidder's Proposal Unit Price I Bid Value 01 70 00 LS 1 $86,500.00 $86,500.00 017123 LS 1 $32,000.00 $32,000.00 017123 LS 1 $5,500.00 $5,500.00 31 25 00 LS 1 $39,800.00 $39,800.00 3291 19 CY 1,800 $30.00 $54,000.00 32 92 13 SY 10,600 $7.00 $74,200.00 33 05 30 EA 10 $1,500.00 $15,000.00 3471 13 MO 26 $4,950.00 $128,700,00 32 13 16 SY 3,000 $30.00 $90,000.00 321123 SY 3,000 $17.00 $51,000.00 0241 13 SY 3,000 $6.00 $18,000.00 3471 13 WK 24 $300.00 $7,200.00 3471 13 LS 1 $3,000.00 $3,000.00 99 99 99 EA 22 $600.00 $13,200.00 99 99 99 LS 1 $ 950,000.00 $950,000.00 99 99 99 LS 1 $ 25,500.00 $25,500.00 99 99 99 LF 1,900 $ 40.00 $76,000.00 99 99 99 LF 200 $ 40.00 $8,000.00 99 99 99 LF 1,900 $ 20.00 $38,000.00 99 99 99 LF 200 $ 20.00 $4,000.00 0241 13 SF 2,650 $ 3.00 $7,950.00 0241 13 SF 22,300 $ 3.00 $66,900.00 0241 13 SF 4,100 $3.00 $12,300.00 0241 13 LF 1,680 $11.00 $18,480.00 0241 13 LF 203 $26.00 $5,278.00 0241 13 EA 11 $450.00 $4,950.00 Keller Hicks Road - Park Vista Boulevard to Lauren Way CPN 103276 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item information 00 42 43 PROPOSAL FORM Page 2 of 13 PROPOSAL FORM Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value I-24 0241.0800 Remove Rock Rip Rap 0241 13 SF 12,000 $4.00 $48,000.00 I-25 024 1. 1000 Remove Conc Pvmt 0241 15 SY 1,850 $16.00 $29,600.00 I-26 0241.1100 Remove Asphalt Pvmt 0241 15 SY 10,100 $14.50 $146,450,00 I-27 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 700 $4.00 $2,800.00 I-28 REMOVED - - - 1-29 3110.0102 6"-12" Tree Removal 31 1000 EA 28 $600.00 $16,800.00 1-30 3110.0103 12"-18" Tree Removal 31 1000 EA 22 $750.00 $16,500.00 I-31 3441.4108 Remove Sign Panel and Post 34 41 30 EA 13 $350.00 $4,550.00 1-32 3441.3501 Salvage Street Light Pole 34 41 20 EA 2 $2,600.00 $5,200.00 1-33 9999.RM01 Remove Flexible Base Drive 99 99 99 SF 12,400 $1.50 $18,600.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Keller Hicks Road — Park Vista Boulevard to Lauren Way CPN 103276 UNIT PRICE BID SECTION 00 42 43 PROPOSAL FORM Project Item ]nformation 0042 43 PROPOSAL FORM Page 3 of 13 PROPOSAL FORM Bidder's Proposal Bidlist I Item No. Description I Specification Section No. f Unit of I Measure I Bid I Quantity Unit Price I Bid Value PAVING 1-34 3123,0101 Unclassified Excavation by Plan 3123 16 CY 16,000 $48.00 $768,000.00 I-35 3124.0101 Embankment by Plan 31 24 00 CY 3,800 $35.00 $133,000.00 I-36 3211.0112 6" Flexible Base, Type A, GR-1 3211 23 SY 408 $19.00 $7,752.00 I-37 3211.0400 Hydrated Lime 32 11 29 IN 369 $350.00 $129,150.00 1-38 3211.0502 8" Lime Treatment 32 11 29 SY 16,400 $7.50 $123,000.00 1-39 3213.0103 8" Cone Pvmt 32 13 13 SY 15,600 $73.00 $1,138,800.00 I-40 3213.0301 4" Cone Sidewalk 32 13 20 SF 47,100 $7.00 $329,_700.00 I-40A 3213.0311 4" Cone Sidewalk, Adjacent to Curb 32 13 20 SF 6,450 $8.50 $54,825.00 1-41 3213,0321 Cone Sidewalk, Adjacent to Ret Wall 32 1320 SF 6,100 $10.00 $61,000.00 1-42 3213.0401 6" Concrete Driveway 32 13 20 SF 27,000 $10.00 $270,000.00 143 3213.0504 Barrier Free Ramp, Type M-2 32 13 20 EA 4 $3,000.00 $12,000.00 1-44 3213.0506 Barrier Free Ramp, Type P-I 32 1320 EA 16 $4,400.00 $70,400.00 1-45 3216.0101 6" Cone Curb and Gutter 32 16 13 LF 700 $36.50 $25,550.00 1-46 3231.0113 6' Chain Link, Steel 3231 13 LF 90 $34.00 $3,060.00 1-47 3231.0113A 6' Chain Link, Steel with Barbed Wire (3 Wire and Arm) 3231 13 LF 630 $39.00 $24,570.00 I-48 3231.0141 4' Steel Tube Fence 3231 13 LF 200 $27.00 $5,400.00 1-49 3231,0143 6' Steel Tube Fence (Decorative) 3231 13 LF 240 $52.00 $12,480.00 I-50 3231.0412 6' Fences, Wood 32 31 29 LF 27 $41.00 $1,107.00 1-51 3231.0413 8' Fences, Wood 32 31 29 LF 56 $54.00 $3,024,00 1-52 3232.0100 Cone Ret Wall Adjacent to Sidewalk 32 32 13 SF 1,700 $43.00 $73,100.00 1-53 9999.PV01 4" Cone Sidewalk, Stamped and Integral Color 99 99 99 SF 3,060 $20.00 $61,200.00 1-54 9999.PV02 RAIL (HANDRAIL)(TY F) 99 99 99 LF 1,020 $125.00 $127,500.00 1-55 9999.PV03 Remove and Reinstall Vehicular Gate 99 99 99 EA 1 $1,100.00 $1,100.00 1-56 9999.PV04 4' Steel Tube Pedestrian Gate (5' Wide) - 11796 Park Vista Blvd 99 99 99 EA 1 $350.00 $350.00 1-57 9999.PV05 6' Chain Link, Steel Pedestrian Gate (6' Wide) - 4330 Keller Hicks Rd 99 99 99 EA 1 $500.00 $500.00 1-58 9999.PV06 6' Chain Link, Steel Vehicular Gate (50' Wide) - 4330 Keller Hicks Rd 99 99 99 EA 1 $2,700.00 $2,700.00 1-59 9999.PV07 19' Steel Swing Gate 99 99 99 EA 1 $2,500.00 $2,500.00 I-60 9999.PV08 24' Steel Swing Gate 99 99 99 EA 1 $3,050.00 $3,050.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/3012021 Keller Hicks Road - Park Vista Boulevard to Lauren Way CPN 103276 UNIT PRICE BID Bidlist Description Item No. DRAINAGE I-61 0241.3011 Remove 12"-15" Storm Line I-62 0241.3013 Remove 18" Storm Line 1-63 0241.3015 Remove 24" Storm Line 1-64 0241.3017 Remove 30" Storm Line 1-64A 0241.3023 Remove 48" Storm Line I-65 0241.3201 Remove Storm Sewer Box I-66 0241.4001 Remove I O' Curb Inlet 1-67 0241.4401 Remove Headwall/SET 1-68 0241.3102 18" Storm Abandonment Pluiz 1-69 0241.3104 24" Storm Abandonment Plug I-70 2605.3033 4" CONDT PVC SCH 80 (T) I-71 REMOVED I-72 3301.0012 Post -CCTV Inspection of Storm Drain I-73 3305.0106 Manhole Adjustment, Major (Storm) 1-74 3305.0109 Trench Safety 1-75 3305.0112 Concrete Collar for Manhole (Storm) 1-76 3341.0201 21" RCP, Class III 1-77 3341.0205 24" RCP, Class III 1-78 3341,0302 30" RCP, Class III 1-79 3341.0309 36" RCP, Class III 1-80 3341.0309 42" RCP, Class III I-81 3341.0309 48" RCP, Class III 1-92 3341,2001 I0x4 Box Culvert 1-83 3341.2003 lOx6 Box Culvert 1-94 3349.0001 4' Stonn Junction Box I-85 3349,0002 5' Storm Junction Box 1-86 3349,6001 10' Recessed Inlet I-87 3349.6003 20' Recessed Inlet 1-88 3349.8001 10' Type 2 Inlet CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCI iMENTS Revised 913012021 SECTION 00 42 43 PROPOSALFORM 00 42 43 PROPOSAL FORM Page 4 of 13 PROPOSAL FORM Project Item Information I Bidder's Proposal Specification Section No. I Unit of Measure I Bid I Quantity Unit Price I Bid Value 0241 14 LF 436 $20.00 $8,720.00 0241 14 LF 453 $19.50 $8,833.50 0241 14 LF 155 $19.50 $3,022.50 0241 14 LF 198 $20.00 $3,960.00 0241 14 LF 16 $22.00 $352.00 0241 14 LF 30 $100.00 $3,000.00 _ 0241 14 EA 2 $1,550.00 $3,100.00 0241 14 EA 18 $900.00 $16,200.00 024114 EA 4 $1,200.00 $4,800.00 0241 14 EA 1 $1,200.00 $1,200.00 26 05 33 LF 30 $106.00 $3,180.00 33 0132 LF 3,468 $5.00 $17,340.00 3305 14 EA 3 $5,500.00 $16,500.00 3305 10 LF 3,468 $1.00 $3,468.00 3305 10 EA 2 $400.00 $800.00 3341 10 LF 515 $193.00 $99,395.00 3341 10 LF 555 $204.00 $113,220.00 3341 IO LF 85 $226.00 $19,210.00 3341 10 LF 640 $266.00 $170,240.00 3341 10 LF 780 $305.00 $237,900.00 3341 10 LF 366 $343.00 $125,538.00 3341 10 LF 231 $825.00 $190,575.00 3341 10 LF 296 $835.00 $247,160.00 33 49 10 EA 8 $10,050.00 $80,400.00 3349 10 EA 4 $13,850,00 $55,400.00 33 49 20 EA 14 $7,350.00 $102,900.00 33 49 20 EA 2 $12,500.00 $25,000.00 33 49 20 EA 8 $15,200.00 $121,600.00 Keller Hicks Road - Park Vista Boulevard to Lauren Way CPN 103276 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information Bidlist Item No. Description 1-89 3349.8003 15' Type 2 Inlet I-90 3137.0101 Concrete Riprap (5") I-91 3137.0109 Protection Stone Worm) / Slab Riprap (12") 1-92 9999.DR01 TxDOT Precast Area Zone Drain (3'x3') I-93 9999.DR02 TxDOT Headwall (CH-PW-0)(DIA=21 IN) I-94 9999.DR03 TxDOT Wingwall (PW-1) (HW=8 FT) I-95 9999.DR04 TxDOT Wingwall (PW-1) (HW=10 FT) 1-96 9999.DR05 TxDOT Wingwall (SW-0) (HW=10 FT) 1-97 9999.DR06 TxDOT 10' Open Back Curb Inlet (MOD) I-98 9999.DR07 TxDOT 21" (3:1) Precast Safety End Treatment (PSET-SP) (TY II) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 42 43 PROPOSAL FORM Page 5 of 13 PROPOSALFORM Bidders Proposal Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 33 49 20 EA 1 $20,000.00 $20,000.00 31 37 00 SY 21620 $141.00 $369,420.00 31 37 00 Sy 480 $105.00 $50,400.00 99 99 99 EA 2 $7,500.00 $15,000.00 99 99 99 EA 2 $12,500.00 $25,000.00 99 99 99 EA 2 $82,550.00 $165,100.00 99 99 99 EA 2 $86,950.00 $173,900.00 99 99 99 EA 1 $45,500.00 $45,500.00 99 99 99 EA 1 $21,800.00 $21,800.00 99 99 99 EA 2 $6,100.00 $12,200.00 Keller Hicks Road — Park Vista Boulevard to Lauren way CPN 103276 00 42 43 PROPOSAL FORM Page 6 of 13 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID PROPOSAL FORM Project Item Information Bidders Proposal Bidlist Item No. I Description I Specification Section No. I Unit of Measure I Bid I Quantity Unit Price I Bid Value UTILITY I-99 017I.0101 Construction Staking (For Water and Sanitary Sewer) 01 7123 LS I $20,000.00 $20,000.00 I-100 0171.0102 As -Built Survey (For Water and Sanitary Sewer) 01 71 23 LS 1 $3,000.00 $3,000.00 I-101 0241,1013 Remove 8" Water Line (PVC) 0241 14 LF 56 $16.50 $924.00 1-102 0241.1015 Remove 12" Water Line (PVC) 0241 14 LF 294 $16.50 $4,851.00 1-103 0241.1302 Remove and Salvage 6" Water Valve 0241 14 EA 5 $165.00 $825.00 1-104 0241.1303 Remove and Salvage 8" Water Valve 0241 14 EA 1 $165.00 $165.00 I-105 0241.1510 Remove and Salvage Fire Hydrant 0241 14 EA 4 $320.00 $1,280.00 1-106 REMOVED - - ! - 1 I-107 3305.0109 Trench Safety 3305 10 LF 489 $0.05 $24.45 I-108 3304.0101 Temporary Water Services 33 04 30 LS 1 $48,000.00 $48,000.00 I-109 3305.0110 Utility Markers (Buried) 33 05 26 LS 1 $250.00 $250.00 1-110 3305.0111 Valve Box Adjustment 3305 14 EA 7 $400.00 $2,800.00 I-111 3305.0117 Concrete Collar for Valve (Water) 3305 17 EA 11 $350.00 $3,850.00 I-112 3305.2004 12" DIP Water Carrier Pipe (Class 350) 33 05 24 LF 119 $156.00 $18,564.00 I-113 3305.1004 24" Casing By Open Cut, CLSM Backfill 33 0522 LF 119 $485.00 $57,715.00 I-114 3311,0161 6" PVC Water Pipe (DR-14) 33 11 12 LF 9 $175.00 $1,575.00 1-115 3311.0261 8" PVC Water Pipe (DR-14) 33 11 12 LF 83 $184.00 $15,272.00 1-116 3311.0441 12" PVC Water Pipe (DR-14), CLSM Backfill 33 11 10,33 11 12 LF 127 $288,00 $36,576.00 I-117 3311.0451 12" DIP Water Pipe (Class 350) 33 11 10 LF 151 $226.00 $34,126.00 1-118 3312.0001 Fire Hydrant 33 1240 EA 6 $7,100.00 $42,600.00 I-119 3312.0117 Connection to Existing 4"-12" Water Main 33 1225 EA 12 $4,450.00 $53,400.00 I-120 3312.2001 1" Water Service, Meter Reconnection 33 12 10 EA 4 $550.00 $2,200.00 1-121 3312.2003 l" Water Service (on Existing Water Main) 33 12 10 EA 4 $2,950.00 $11,800,00 1-122 3312.2004 1" Private Water Service 33 1210 LF 40 $54.00 $2,160.00 I-123 3312,3002 6" Gate Valve 33 1220 EA 6 $1,800.00 $10,800.00 I-124 3312.3003 8" Gate Valve 33 1220 EA 1 $2,500.00 $2,500.00 1-125 3312.3005 12" Gate Valve 33 1220 EA 1 $4,200.00 $4,200.00 1-126 3312,3105 12" Cut -in Crate Valve 33 1220 EA 2 $8,750.00 $17,500.00 1-127 99991701 Remove 6" Blow Off Valve (and Salvage) 0241 14 EA 1 $1,650.00 $1,650.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Keller Hicks Road -Park Vista Boulevard to Lauren Way Revised 9/3012021 CPN 103276 00 42 43 PROPOSAL FORM Page 7 of 13 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID PROPOSAL FORM Project Item Information Bidders Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value I-128 9999.UT02 Remove 1" Air Release Valve (and Salvage) 0241 14 EA 1 $700.00 $700.00 1-129 0241,2018 Remove 18" Sewer Line (PVC) 0241 14 LF 105 $22.00 $2,310.00 I-130 3301.0001 Pre -CCTV Inspection 33 01 31 LF 105 $5.00 $525.00 1-131 3301.0002 Post -CCTV Inspection 33 01 31 LF 368 $7.00 $2,576.00 I-132 3301.0101 Manhole Vacuum Testing 33 01 30 EA 9 $150.00 $1,350.00 1-133 3303.0001 Bypass Pumping 3303 10 LS 1 $49,750,00 $49,750.00 I-134 3305.0106 Manhole Adjustment, Major (Sewer) (w/ Frame and Cover) 3305 14 EA 6 $6,000.00 $36,000.00 I-135 3305.0109 Trench Safety 3305 10 LF 369 $1.00 $369.00 I-136 3305.0112 Concrete Collar for Manhole (Sewer) 3305 10 EA 4 $400.00 $1,600.00 1-137 3305.1006 36" Casing By Open Cut, CLSM Backfill 33 05 22 LF 95 $775,00 $73,625.00 I-138 3305.3007 18" DIP Sewer Carrier Pipe (Class 350) (w/ Protecto 401 Coating) 33 05 24 LF 95 $325.00 $30,875.00 I-139 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 1 $15,500.00 $15,500.00 I-140 3331.4119 8" DIP Sewer Pipe (Class 350) (w/ Protecto 401 Coating) 33 11 10 LF 200 $315.00 $63,000.00 1-141 3331.4229 18" DIP Sewer Pipe (Class 350) (w/ Protecto 401 Coating), CLSM Backfill 33 11 10 LF 73 $574.00 $41,902.00 1-142 3339.0001 Epoxy Manhole Liner (4' Dia.) 33 39 60 VF 110 $610.00 $67,100.00 1-143 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 3 $11,000,00 $33,000.00 I-143A 3339.1003 4' Extra Depth Manhole 33 39 10, 33 39 20 VF 21 $260.00 $5,460.00 I-143B REMOVED - - - PAVEMENT MARKING AND SIGNAGE I-144 3217.0102 6" SLD Pvmt Marking HAS (Y) 32 1723 LF 6,850 $1.40 $9,590.00 1-I45 3217.0104 6" DOT Pvmt Marking HAS (W) 32 1723 LF I20 $1.40 $1.68.00 1-146 3217.0107 6" BRK Pvmt Marking HAS (Y) 32 1723 LF 810 $1,40 $1,134.00 1-147 3217.0201 8" SLD Pvmt Marking HAS (W) 32 17 23 LF 1,100 $1.65 $1,815.00 I-148 3217.0403 18" SLD Pvmt Marking HAE (Y) 32 1723 LF 220 $9.20 $1,804.00 1-149 3217.0501 24" SLD Pvmt Marking HAE (W) 32 1723 LF 670 $21.85 $14,639.50 I-150 3217.1002 Lane Legend Arrow 32 17 23 EA 21 $160.00 $3,360.00 1-151 3217.1003 Lane Legend DBL Arrow 32 1723 EA 4 $485.00 $1,940.00 I-152 3217,1004 Lane Legend Only 32 17 23 EA 13 $180.00 $2,340.00 I-153 3217.2103 REFL Raised Marker TY 11-A-A 32 17 23 EA 130 $4.50 $585.00 I-154 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 60 $4.50 $270.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Keller Hicks Road - Park Vista Boulevard to Lauren Way Revised 9/301202I CPN 103276 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Project Item Information Bidlist Item No. Description I-155 3441.4006 Install Alum Sign Ground Mount I-156 9999.PM01 6" SLD Pvmt Marking HAS (R) (Fire Lane) 1-157 9999.PM02 REFL Raised Marker Blue 1-158 9999.PM03 6" SLD Pvmt Marking HAS (B) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/3012021 00 42 43 PROPOSAL FORM Page 8 of 13 PROPOSAL FORM Bidder's Proposal Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 34 41 30 EA 19 $800.00 $15,200.00 99 99 99 LF 250 $0.65 $162.50 99 99 99 EA 5 $8.75 $43.75 99 99 99 LF 1,170 $5.50 $6,435.00 UNIT I - TPW IMPROVEMENTS SUBTOTAL $9,033,846.20 Keller Hicks Road— Park Vista Boulevard to Lauren Way CPN 103276 UNIT PRICE BID SECTION 00 42 43 PROPOSAL FORM Project item Information Bidlist Item No. Description UNIT II - WATER IMPROVEMENTS (12" WATER LINE A) II-1 0171.0101 Construction Staking (For Water) 1I-2 0171.0102 As -Built Survey (For Water) 11-3 3201.0400 Temporary Asphalt Paving Repair II-4 REMOVED II-5 3311,0442 12" PVC Water Pipe (DR-14), CSS Backfill 11-6 3311,0457 12" DIP Water, CLSM Backfill 11-7 3311.0161 6" PVC Water Pipe (DR-14) 11-8 3305.1004 24" Casing By Open Cut, CLSM Backfill 1I-9 3305.2004 12" DIP Water Carrier Pipe (Class 350) II-10 3305.0109 Trench Safety 11-11 3305.0110 Utility Markers (Buried) II-12 3304.0101 Temporary Water Services 11-13 3311.0001 Ductile Iron Water Fittings w/ Restraint 11-14 3312.0001 Fire Hydrant II-15 3312,0117 Connection to Existing 4"-12" Water Main 11-16 3312.2001 1" Water Service, Meter Reconnection 11-17 3312.2003 1" Water Service 11-18 3312.2004 1" Private Water Service 11-19 3312.3002 6" Gate Valve II-20 3312.3005 12" Gate Valve 11-21 3312.3105 12" Cut -in Gate Valve 11-22 9999.WTROi Remove 1.5" Water Line (PVC) 11-23 9999.WTRO2 Contingency Allowance - Water Improvements II-24 REMOVED 11-25 REMOVFD 00 42 43 PROPOSAL FORM Page 9 of 13 PROPOSAL FORM Bidder's Proposal I Specification Section No. Unit of Measure I Bid I Quantity U.it Price i Bid Value 017123 LS 1 $18,500.00 $18,500.00 017123 LS 1 $4,000.00 $4,000.00 3201 18 LF 2,776 $40.00 $111,040.00 33 11 10, 33 11 12 LF 20 $402.00 $8,040.00 33 It 10 LF 100 $299.00 $29,900.00 33 11 12 LF 50 $133.00 $6,650.00 33 05 22 LF 105 $510.00 $53,550.00 33 05 24 LF 105 $151.00 $15,855.00 3305 10 LF 2,911 $0.05 $145.55 330526 LS 1 $500.00 $500.00 33 04 30 LS I $23,000.00 $23,000.00 3311It TON 1 $15,000.00 $15'000.00 33 12 40 EA 1 $ 7,000.00 $7,000.00 33 1225 EA 1 $ 4,400.00 $4,400.00 33 1210 EA it $ 550.00 $6,050.00 33 12 10 EA 11 $ 3,250.00 $35,750.00 331210 LF 110 $54.00 $5,940.00 33 1220 EA 1 $1,900.00 $1,900.00 33 1220 EA 7 $4,200.00 $29,400.00 33 1220 EA 1 $8,600.00 $8,600.00 0241 14 LF 2,630 $13.00 $34,190.00 99 99 99 LS 1 $50,000.00 $50,000.00 UNIT II -WATER IMPROVEMENTS (12" WATERLINE A) -BASE BID SUBTOTAL $469,41055 UNIT II - WATER IMPROVEMENTS (12" WATER LINE A) - ALTERNATIVE A 11-A-1 13311.0441 12" PVC Water Pipe (DR-14) with Acceptable Backfill CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised WI 012021 33 11 10,33 11 12 1 LF 1 2,7561 $160.00 1 $440,960.00 Kellar Hicks Road - Park Vista Boulevard to Lauren Way CPN 103276 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID 00 42 43 PROPOSALFORM Page 10 of 13 PROPOSAL FORM Project Iteln Information I Bidder's Proposal Bidlist Description Specification Section No. Unit of Bid Unit Price Bid Value Item No. Measure I Quantity UNIT II -WATER IMPROVEMENTS (12" WATER LINE A) -ALTERNATIVE A SUBTOTAL $440,960.00 UNIT H - WATER IMPROVEMENTS (12" WATER LINE A) - ALTERNATIVE B II-B-1 13311.0441 12" PVC Water Pipe (DR-14) 33 11 10,33 11 12 LF I 2,756 $160.00 $440,960.00 II-B-2 13305.0203 Imported Embedment/Backfill, CLSM 3305 10 CY J 1,920 $232.30 $446,016.00 UNIT 11 -WATER IMPROVEMENTS (12" WATER LINE A) -ALTERNATIVE B SUBTOTAL $886,976.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 980/2021 Keller Hicks Road — Park Vista Boulevard to Lauren Way CPN 103276 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Project Item information Bidlist Item No. Description UNIT III - TRAFFIC SIGNAL AND ILLUMINATION IMPROVEMENTS TRAFFIC SIGNAL III-1 2605.0111 Fumish/Install Elec Sery Pedestal III-2 2605.3015 2" CONDT PVC SCH 80 (T) 111-3 2605.3016 2" CONDT PVC SCH 80 (B) III-4 2605.3025 3" CONDT PVC SCH 80 (T) III-5 2605.3026 3" CONDT PVC SCH 80 (B) 1II-6 2605.3033 4" CONDT PVC SCH 80 (1) III-7 2605.3034 4" CONDT PVC SCH 80 (B) 1II-8 3441.1001 Furnish/Install 3-Sect Signal Head Assembly 111-9 3441.1003 Furnish/Install 5-Sect Signal Head Assembly III-10 3441.1012 Fumish/Instal. Ped Signal Head Assmbly III-11 3441.1031 Fumish/Install Audible Pedestrian Pushbutton Station III-12 3441.1209 Furnish/Install BBU System EXT Mounted III-13 3441.1217 Fumish/Install Fish -Eye Detection System 1I1-14 3441.1220 Furnish/Install Model 711 Preemption Detector I1I-15 3441.1224 Fumish/Install Preemption Cable III-16 3441.1250 Furnish/Install PTZ Camera 111-17 3441.1255 Furnish/Install Communication Modem I11-18 3441.1260 Furnish/Install CATS Ethernet Cable III-19 3441.1311 5IC 14 AWG Multi -Conductor Cable 111-20 3441.1312 7/C 14 AWG Multi -Conductor Cable III-21 3441.1315 20/C 14 AWG Multi -Conductor Cable III-22 3441.1322 3/C 14 AWG Multi -Conductor Cable I1I-23 3441.1408 NO 6 Insulated Elec Condr III-24 3441.1413 NO 6 Bare Elec Condr SLD 111-25 3441.1414 NO 8 Bare Elec Condr III-26 3441.1410 NO 10 Insulated Elec Condr I1I-27 3441.1503 Furnish/Install Ground Box Type D, W/Apron 1II-28 3441.1506 Furnish/Install Ground Box Type D CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9130=21 00 42 43 PROPOSAL FORM Page 11 of 13 PROPOSALFORM Bidder's Proposal Specification Section No. I Unit of Measure I Bid I Quantity Unit Price I Bid Value 26 05 00 EA 1 $12,000.00 $12,000.00 26 05 33 LF 160 $30.00 $4,800.00 26 05 33 LF 80 $44.00 $3,520.00 26 05 33 LF 135 $33.00 $4,455.00 26 05 33 LF 105 $46.00 $4,830.00 26 05 33 LF 215 $36.00 $7,740.00 26 05 33 LF 170 $49.00 $8,330.00 3441 10 EA 8 $2,060.00 $16,480.00 3441 10 EA 2 $2,900.00 $5,800.00 3441 10 EA 8 $900.00 $7,200.00 3441 10 EA 8 $1,700.00 $13,600.00 344110 EA 1 $12,550.00 $12,550.00 3441 10 EA 1 $41,950.00 $41,950.00 344110 EA 3 $3,500.00 $10,500.00 3441 10 LF 600 $3.00 $1,800.00 3441 10 EA 1 $8,500.00 $8,500.00 3441 10 EA 1 $3,550.00 $3,550.00 3441 10 LF 460 $3.00 $1,380,00 3441 10 LF 350 $3.00 $1,050.00 3441 10 LF 650 $3.45 $2,242.50 3441 10 LF 550 $8.40 $4,620.00 3441 10 LF 1,115 $2.40 $2,676.00 3441 10 LF 200 $2.35 $470.00 3441 10 LF 25 $2.35 $58.75 3441 10 LF 850 $1.95 $1,657.50 344110 LF 240 $1.35 $324.00 3441 10 EA 4 $2,600.00 $10,400.00 3441 10 EA 2 $2,200.00 $4,400.00 Keller Hicks Road - Park Vista Boulevard to Lauren Way CPN 103276 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Project Item Information Bidlist Description Item No. III-29 3441,1603 Furnish/Install 10'- 20' Ped Pole Assmbly III-30 3441.1611 Furnish/Install Type 41 Signal Pole III-31 3441.1612 Furnish/Install Type 42 Signal Pole III-32 3441.1614 Furnish/Install Type 44 Signal Pole I11-33 3441.1623 Furnish/Install Mast Arm 16' - 36' III-34 3441,1624 Furnish/Install Mast Arm 40' - 48' 111-35 3441.1701 TY 1 Signal Foundation III-36 3441.1703 TY 3 Signal Foundation III-37 3441.1704 TY 4 Signal Foundation III-38 3441.1725 Furnish/Install ATC Signal Controller 111-39 3441.1709 Ped Pole (10-14') Spread Footing Foundation III-40 3441.1741 Furnish/Install 352i Controller Cabinet Assembly 111-41 3441.1715 Signal Cabinet Foundation - 352i & BBU 1I1-42 3441.3051 Furnish/Install LED Lighting Fixture (137 watt ATB2 Cobra Head) 111-43 3441.4001 Furnish/Install Alum Sign Mast Arm Mount ILLUMINATION Specification Section No. Unit of Bid Measure Quantity 00 42 43 PROPOSAL FORM Page 12 of 13 PROPOSAL FORM Bidder's Proposal Unit Price Bid Value 3441 10 EA 4 $2,100.00 $8,400.00 3441 10 EA 1 $15,400.00 $15,400.00 3441 10 EA 1 $12,800.00 $12,800.00 3441 10 EA 2 $14,000.00 $28,000.00 3441 10 EA 2 $6,200.00 $12,400.00 3441 10 EA 2 $10,900.00 $21,800.00 3441 10 EA 3 $L700.00 $5,100.00 3441 10 EA 2 $5,750.00 $11,500.00 3441 10 EA 2 $8,000.00 $16,000.00 3441 10 EA 1 $7,950.00 $7,950.00 3441 10 EA 1 $3,550.00 $3,550.00 3441 10 EA 1 $38,900.00 $38,800.00 3441 10 EA 1 $10,000.00 $10,000.00 34 41 20 EA 1 $1,100.00 $1,100.00 34 41 30 EA 9 $900.00 $8,100.00 111-44 3441.1772 Furnish/Install 240-480 Volt Single Phase Transocket Metered Pedestal 26 05 00 EA 1 $12,600.00 III-45 2605.3015 2" CONDT PVC SCH 80 (T) 26 05 33 LF 2,850 $28.00 III-46 3441.1405 NO 2 Insulated Elec Condr 3441 10 LF 8,565 $5.50 III-47 3441.1502 Furnish/Install Ground Box Type B, w/Apron 3441 10 EA 7 $1,900.00 I11-48 3441.3003 Rdwy Illum Assmbly TY 18 34 41 20 EA 14 $5,400.00 III-49 3441.3301 Rdwy Illum Foundation TY 2 34 41 20 EA 1 $2,050.00 I1I-50 3441.3302 Rdwy Illum Foundation TY 3 3441 20 EA 14 $2,650.00 111-51 3441.3346 Rdwy Illum TY D30-6 Pole 3441 20 EA 1 $4,150.00 UNIT III - TRAFFIC SIGNAL AND ILLUMINATION IMPROVEMENTS SUBTOTAL CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 $12,600.00 $79,800.00 $47,107.50 $13,300.00 $75,600.00 $2,050.00 $37,100.00 $4,150.00 $669,49115 Keller Hicks Road — Park Vista Boulevard to Lauren Way CPN 103276 UNIT PRICE BID BidIist Item No. SECTION 00 42 43 PROPOSAL FORM Project Item Information 00 42 43 PROPOSALFORM Page 13 of 13 PROPOSALFORM Bidder's Proposal Description Specification Section No. Unit of Bid Unit Price Bid Value Measure Quantity Bid Summary TOTAL 1 = UNIT I - TPW IMPROVEMENTS SUBTOTAL $9,033,846.20 TOTAL 2 = UNIT II BASE BID (WATER SUBTOTAL) $469,410.55 TOTAL 3 = UNIT II (ALTERNATE A SUBTOTAL) $440,960.00 TOTAL 4 = UNIT II (ALTERNATE B SUBTOTAL) $886,976.00 TOTAL 5 = UNIT III - TRAFFIC SIGNAL AND ILLUMINATION HPROVEMENTS SUBTOTAL $669,491.25 GRAND TOTAL 1= TOTAL 1 + TOTAL 2 + TOTAL 3 + TOTAL 5 = $10,613,708.00 GRAND TOTAL 2 = TOTAL 1 + TOTAL 2 + TOTAL 4 + TOTAL 5 = $11,059,724.00 ** NOTE: THE CITY RESERVES THE RIGHT TO SELECT THE RESPONSIVE LOW BIDDER OF EITHER GRAND TOTAL I OR GRAND TOTAL 2. ** END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Keller Hicks Road — Park Vista Boulevard to Lauren Way Revised 9130/2021 CPN 103276 MERCHANTS BONDING COMPANY,,, MERCHANTS BONDING COMPANY (MUTUAL) P,O. BOX 14498, DES MOINES, IOWA 30306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 BID BOND PUBLIC WORK That McClendon Construction Company, Inc. Bond No. NIA (hereinafter called the Principal) as Principal, and the Merchants Bonding Company (Mutual) (hereinafter called Surety), as Surety, are held and firmly bound to City of Fort Worth (hereinafter called the Obligee) in the full and just sum of ( 5% GASP Five Percent of the Greatest Amount Bid by Principal Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 13th day of February 2025 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for CPN 103276; Keller Hicks Road according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the Merchants Bonding Comnanv (Mutual) , as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: MCC Construction Company, Inc. By Attest: // Merchants Bond' Company (Mutual) IQ_i1 +1 � x LtJ 4 I I mac. Nt. 60 .t By E�A ison Mike a Attorney -in -Fact CON 0333 (2115) MERCHANTS BON DING COMPANYT,., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlbla Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Allyson W Dean; Ana Owens; Andrea Rose Crawford; Andrew Gareth Addison; Bryan Kelly Moore; Colin E Conly; Cory Kiper; Debra Lee Moon; Elizabeth Ortiz; Emily Allison Mikeska; Faith Ann Hilly; John R Ward; Kimberly Rochelle Gonzalez; Michael Wiggins; Monica Ruby Veazey; Patrick Thomas Coyle; Sandra Lee Roney; Thomas Douglas Moore; Troy Russell Key their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Aftorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of January 2025 . •''" MERCHANTS BONDING COMPANY (MUTUAL) +P�C+e,•• ; aO�NG.Qi1�q.• MERCHANTS NATIONAL BONDING, INC. 'h •'4�POR9 '.� .'�0. OFIPOy ' 9 dlbla MERCHANTS NATIONAL INDEMNITY COMPANY +v 2003 : 4; :a`yam ' 1933 c; By 74- •'.V�41 •' ?,` '.�� ,...•L1••' President STATE OFIOWA •.,. ..+,�'� '�,•...••• COUNTY OF DALLAS ss. On this 13th day of January 2025 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 'A<s, Penn! Miller rY z � � � Commission Number 787952 titi - • • My Commission Expires IWO, January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the Companies on this 13th day of February 2025 _ I O Nqt ••.• •. ���NG Cq**. 0 - 2003 ;� y 1933 J�. • Secretary ate•. • :•dam•. ,: }��: .• � • • ,� .' POA 0018 (6124) •••+","`"' �� • �• •• 77%� ME RANT BONDING COMPANY IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (1/09) Rios, Leonel From: Lisa Lawson <Ilawson@merchantsbonding.com> Sent: Monday, May 12, 2025 1:31 PM To: Rios, Leonel Subject: RE: Bond #101305503 Verification -McClendon Construction Company This email is from an unknown sender Report Suspicious This is the first time you are receiving an email from this sender. Good Afternoon, Yes, this is a valid bond. The information below is correct. Thank you, Lisa Lawson I Sr. Contract Underwriting Account Specialist Merchants Bonding CompanyTM street 6700 Westown Parkway, West Des Moines, IA 50266-7754 mailing P.O. Box 14498, Des Moines, IA 50306-3498 direct (515) 558.8765 toll free (800) 678.8171 web www.merchantsbondinfz.com BONDING COMPANY COMMON SENSE SURETY SINCE 19330 From: Rios, Leonel<Leonel.Rios@fortworthtexas.gov> Sent: Monday, May 12, 2025 12:57 PM To: Lisa Lawson <Ilawson@merchantsbonding.com> Subject: Bond #101305503 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 #101305503, in the amount of $10,613,708.00, issued by Merchants Bonding Company for City Project #103276, Keller Hicks Road. Please confirm that the bonds and corresponding amounts are valid so we can proceed with awarding the contract to McClendon Construction Company, Inc. Thank you, Leone[ J. Rios Contract Compliance Specialist 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of are not required to underbid resident bidders. , our principal place of business, B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. U BIDDER: By: McClendon Construction Company, Inc PO Box 999 (Signature) Title: President Burleson, Texas 76097 Date: February 13, 2025 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Keller Hicks Road — Park Vista Boulevard to Lauren Way Revised 9/30/2021 CPN 103276 0045 11 -1 BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxDermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised August 13, 2021 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised August 13, 2021 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised August 13, 2021 004512-1 PREQUALIFICATION STATEMENT Pagel of 2 A 1 SECTION 00 45 12 2 PREQUALIFICATION STATEMENT 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 5 for the major work type(s) listed. 6 Contractor/Subcontractor Prequalification Major Work Type Company Name Expiration Date Concrete Paving Construction/Reconstruction (15,000 square yards and McClendon Const Co Inc 07/01/2025 GREATER) Roadway and Pedestrian Lighting Bean Electrical LLC Wastewater Urban/Renewal Open Cut (18" and under) Woody Contractors Water Urban/Renewal Open Woody Contractors Cut (12" and under) Sanitary Sewer Manhole/Structure Interior Madero Engineers g 04/30/2025 Lining — Warren or Chesterton Coating 7 8 9 The undersigned hereby certifies that the contractors and/or subcontractors 10 described in the table above are currently prequalified for the worktypes listed. 11 12 13 14 15 16 CITY OF FORT WORTH Keller Hicks Road —Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised September 30, 2021 004512-2 PREQUALIFICATION STATEMENT Page 2 of 2 1 BIDDER: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 McClendon Const Co Inc By: Dan McClendon Company (Please Print) PO Box 999 Signature: Address Burleson, Teexas 76097 Title: President City/State/Zip (Please Print) Date: 02/13/2025 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 30, 2021 Keller Hicks Road —Park Vista Boulevard to Lauren Way CPN 103276 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on 5 City Project No. 103276. Contractor further certifies that, pursuant to Texas Labor Code, 6 Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 CONTRACTOR: 9 10 McClendon Construction Company, Inc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 0 Company PO Box 999 Address Burleson, Texas 76097 City/State/Zip THE STATE OF TEXAS § COUNTYOFTARRANT § By: Signature: Title: Dan McClendon President (P€ease Print) BEFORE ME, the undersigned authority, on this day personally appeared Dan McClendon , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of McClendon Const Co Inc for the purposes and consideration therein expressed and in the capacity therein stated. GI N UNDER MY HAND AND SEAL OF OFFICE this zrAday of l 720 ZS MISTY WEBB / Notary Public, State of Texas Comm. Expires 01-09-2026 Notal Public in d for the State of Texas Notary ID 126838467 .,_AND OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Hicks Road- Park Vista Boulevard to Lauren Way CPN 703276 00 45 40 - 1 Business Equity Goal Page 1 of 3 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: httos://codelibrarv.amleRal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply 13 to this bid. 14 15 BUSINESS EQUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 9.84% 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 of 24 Business Equity prime services and Business Equity subcontracting participation, 4. Business Equity 25 Joint Venture/Mentor-Prot6g6 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 responding CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised June 7, 2024 00 45 40 - 2 Business Equity Goal Page 2 of 3 1 to the message sent within Bonfire to all the bidders. It is highly encouraged that bidders submit 2 required documentation at the time of bid submission. 3 4 The Offeror must submit one or more of the following documents: 5 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 6 2. Letter of Intent, for all M/WBE Subcontractors; 7 3. Good Faith Effort Form and Utilization Form, including supporting documentation, if 8 participation is less than stated goal, or no Business Equity participation is accomplished; 9 4. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will 10 perform all subcontracting/supplier opportunities; or 11 5. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or 12 Mentor-Prot6g6 participation. 13 14 These forms can be accessed at: 15 Business Equity Utilization Form and Letter of Intent 16 htti)s://apes.fortworthtexas.eov/ProiectResources/ResourcesP/60 - MW E/Business Eciuity Utilization 17 Form DVIN 2022 220324.pdf 18 19 Letter of Intent 20 https://apps.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MW E/Letter of Intent DVIN 21 2021.0f 22 23 Business Equity Good Faith Effort Form 24 httos://aons.fortworthtexas.eov/ProiectResources/ResourcesP/60 - MW E/Good Faith Effort Form DVIN 25 2022.pdf 26 27 Business Equity Prime Contractor Waiver Form 28 htti)s://ai)ps.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MW E/MW E Prime Contractor 29 Waiver-220313.pdf 30 CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised June 7, 2024 004540-3 1 2 3 4 5 6 7 8 9 Business Equity Goal Page 3 of 3 Business Equity Joint Venture Form https://apes.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.pdf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. 10 FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUITY DOCUMENTATION OR OTHERWISE COMPLY 11 WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON -RESPONSIVE, THE BID 12 REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF 13 THE ORDINANCE. 14 15 For Questions, Please Contact the Business Equity Division of the Access and Opportunity Services 16 Department at (817) 392-2674. 17 END OF SECTION In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 7. 2024 Keller Hicks Road — Park Vista Boulevard to Lauren Way CPN 103276 005243-1 Agreement Page 1 of 9 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on May 13, 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, ("City"), and McClendon Construction Company, Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Keller Hicks Road — Park Vista Boulevard to Lauren Way CPN 103276 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 Ten Million Six Hundred Thirteen Thousand Seven Hundred Eight Dollars ($10,613,708.00). 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 780 calendar 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. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised March 3, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 005243-2 Agreement Page 2 of 8 Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred and Fifty AND 00/100 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article S. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised March 3, 2024 005243-3 Agreement Page 3 of 8 S. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to 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 anv 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. 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 specificaly, 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 anv act, omission or negligence of the citv. CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised March 3, 2024 005243-4 Agreement Page 4 of 8 Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised March 3, 2024 005243-5 Agreement Page 5 of 8 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. 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised March 3, 2024 005243-6 Agreement Page 6 of 8 entity or firearm trade association. The terms "discriminate;' "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 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 (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the CITY OF FORT WORTH Keller Hicks Road — Park Vista Boulevard to Lauren Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103276 Revised March 3, 2024 005243-7 Agreement Page 7 of 8 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. IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: McClendon Construction Company, Inc. Dan McClendon (Printed Name) President Title P.O. Box 999 Address Burleson, Texas 76097 City/State/Zip 05/05/2025 Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 3, 2024 City of Fort Worth op � Jesica McEachern Assistant City Manager 05/29/2025 Date one Attest: coo s:d U o�n.nezp544� Jannette Goodall, City Secretary (Seal) M&C: 25-0431 Date: 5/13/2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Keller Hicks Road — Park Vista Boulevard to Lauren Way CPN 103276 005243-8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 3, 2024 Agreement Page 8 of 8 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. wcu a&11- Mitch Aiton Sr Professional Engineer Approved as to Form and Legality: I9� Douglas Black (May 21, 202515:27 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: Lauren Prieur (May 19, 2025 09:01 CDT) Lauren Prieur, Director, Transportation and Public Works Department Keller Hicks Road — Park Vista Boulevard to Lauren Way CPN 103276 00 6'_ 11 - 1 Bond #101305503 �� ���`''�' g a°v° Fage -�f 3 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, McClendon Construction Company, Inc., known as "Principal" herein and 8 Merchants Bonding Company (Mutual), a corporate surety(sureties, if more than one) duly 9 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 10 are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant 11 to the laws of Texas, known as "City" herein, in the penal sum of, Ten Million Six Hundred Thirteen 12 Thousand Seven Hundred Eight Dollars ($10,613,708.00), lawful money of the United States, to 13 be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be 14 made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 15 severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City awarded 17 the 131H day of May, 2025, which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth herein, to furnish all materials, equipment labor and other 19 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 20 provided for in said Contract designated as Keller Hicks Road — Park Vista Boulevard to Lauren 21 Way, CPN 103276. 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 23 faithfully perform it obligations under the Contract and shall in all respects duly and faithfuliy 24 perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 25 extension of the Contract that may be granted on the part of the City, then this obligation shall 27 be and become null and void, otherwise to remain in full force and effect. l., 0061 13 2 PERFORMANCE SOLID Page 2 of 3 1 PROVIDED FURTHER, that if any legal action be flied on this Bond, venue shall lie in Tarrant 2 County, Texas or the United States District Court for the Northern District of Texas, Fort Worth 3 Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and ail liabihties on this bona shall be determined in 5 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SiGNED and SEALED this 8 instrument by duly authorized agents and officers on this the 13th_day of May 9 , 2025. 10 11 12 13 14 15 in 17 18 19 20 21 22 23 24 25 25 27 28 A (Principal) Secretary PRINCIPA. L: McClendon Construction Company, Inc. Signature Dan McClendon. a'esideni Name and Tit'e Address: P.O. Box 999 Burfeson, Texas 7E097 OF FORT +NGRTH —AN 'OARC CON STRUCT:dN SPEf}EDOCi-) , N75 1 2 3 4 5 Witne s as to Surety 6 ' 7 �- �V-Ut v�`t►ra+l �jv ti 8 Connie Williamson - Witness 9 to 11 12 13 14 Email Address: emikeska(C-acrisure.com 1s 0061 1.3-3 PERFORMANCr BONG PxnE 3 of 3 SURETY: Mercha andin Campany (Mutual) el re Emily Allison Mikeska, Attorney -in -Fact Name and Title Address: 6700 Westown Parkway West Des Moines, Iowa 50306 Telephone Number: 800-678-8171 16 'Note: If signed by an officer of the Surety Company, there must be an file a certified extract 17 from the by-laws shoving that this person has authority to sign such obligation. if 18 Surety's physical address is different from its mailing address, both must be provided. 19 The date of the bond shall not be prior to the date the Contract is awarded. 20 21 END OF SECTION -OV WORT- Keller Hidks Rcmj—AQrk'05rcrROLIIevard Laurel, Aloe 'PLC FICAT10(!DUCJ1'V?cNTS rRV 3.4.3;75 ERCHANT'S'%k, BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlbla Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Allyson W Dean; Ana Owens; Andrea Rose Crawford; Andrew Gareth Addison; Bryan Kelly Moore; Colin E Conly; Cory Kiper; Debra Lee Moon; Elizabeth Ortiz; Emily Allison Mikeska; Faith Ann Hilty; John R Ward; Kimberly Rochelle Gonzalez; Michael Wiggins; Monica Ruby Veazey; Patrick Thomas Coyle; Sandra Lee Roney; Thomas Douglas Moore; Troy Russell Key their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2.015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of January 2025 � ........ q •, . •' • r • . MERCHANTS BONDING COMPANY (MUTUAL) 4&.. .�•�0' •o?,•O• MERCHANTS NATIONAL BONDING, INC. Gj ; OR R9' p + �O. 0��9 '• 9 • dlbla MERCHANTS NATIONAL INDEMNITY COMPANY c. v'. 2003 1933 c: By •......... ��� ` ••dui ...... `�a•. President STATE OF IOWA ••'•t ,�•'` ••r r.rnra• • r• • • •• COUNTY OF DALLAS ss. On this 13th day of January 2025 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors..- --'-- s — �R`p�s Penni Miller z Commission Number 787952 —� • • My Commission Expires ovrA January 20, 2027_-- Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of May , 2025 ♦a a.rr.r•rr "AXONq ••.,• ,• . •.•O\k%G 00�'•. _fl pib7 �� :Q= 2D03 1933 : c • Secretary POA 0018 (6/24) M _ _N T BONDING COMPANY IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (1/09) Bond #101305503 OD6114-1 DAYMENT 80NE Page T of 3 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, McClendon Construction Company, Inc. , known as "Principal" herein, 8 and Merchants Bonding Company (Mutual), a corporate surety (sureties), duly authorized 9 to do business in the State of Texas, known as "Surety" herein (whether one or more), are 10 held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of the State of Texas, known as "City" herein, in the penal sure of Ten 12 Million Six Hundred Thirteen Thousand Seven Hundred Eight Dollars ($10,6.13,708.00), 13 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the 14 payment of which sum well and truly be made, we bind ourselves, our heirs, executors, 15 administrators, successors and assigns, jointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded 17 the 13" day of May, 2023, which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein, to furnish z1h materials, equipment, labor and 14 other accessories as defined oy law, in the prosecution of the Work as provided for in said 2C Contract and designated as Keller Hicks Road — Park Vista Boulevard to Lauren Way, CPN 21 103276. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal 23 shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work 25 under the Contract, then this obligatior shall be and become nui' and void; otherwise to 25 remain in full force and effect. VvORT� ..;. Nicks RCZdd Prgrk liste acu!evard ro [carea vvl3} iANDARCi:�OiJ`,... ._ _._.".G _ _ .- "ATk'?, I -LiMEATi CM 103276 RQ":, 006114-2 PAYMENT BOND ©age 2 of 3 1 This bond is made and executed in compiiance with the provisions of Chapter 2253 2 of the Texas Government Code, as amended, and all liabilities on this bond shall be 3 determined in accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the I3th day of 6 Mav , 2025. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Inc. ATTE j'V 1 (Principal) Secretar STA:-•:- ,- -..� �3„_Cfi�_Pl �'_�_ H _��tEi7�. �OC_fR���StiT°- PRINCIPAL: McClendon Construction Company, Inc, Signature Dan McClendon, President Name and Title Address: P.O. Box 999 Burleson, Texas 76097 . _ '•tr M=ch; Roan — Prlra 'drsta E3ordpv�Trd "o L oExr n 114iy CPN 1032:6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Mutual) Witness as to %urety.. I` Fact 1'J9wt�Q Wi 116atR7v�1 Connie Williamson - Witness 3061 il- 3 FIVI tL-'!r 60PtR SURETY: Merchants Bonding Company Mutual Signature Emily Allison Mikeska, Attorney -in- Fact !Name and Title Address: 6700 Westown Parkway West Des Moines, Iowa 50306 Telephone Number: 800-678-8171 emikeska@acrisure.com Email Address: *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is differentfrom its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. R�-vi,��10�°'an3B�t3 -77?3 END OF SECTION MERGHANT'S4+k, BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlbla Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Allyson W Dean; Ana Owens; Andrea Rose Crawford; Andrew Gareth Addison; Bryan Kelly Moore; Colin E Conly; Cary Kiper; Debra Lee Moon; Elizabeth Ortiz; Emily Allison Mikeska; Faith Ann Hilty; John R Ward; Kimberly Rochelle Gonzalez; Michael Wiggins; Monica Ruby Veazey; Patrick Thomas Coyle; Sandra Lee Roney; Thomas Douglas Moore; Troy Russell Key their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, an behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Cerlification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any or its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of January 2025 ....... • •' • • MERCHANTS BONDING COMPANY (MUTUAL) •, p�jONq[ es, • •��`,N� CQ,y��.• MERCHANTS NATIONAL BONDING, INC. Gp(tP0/�4 �OV0�9y� • dlbla MERCHANTS NATIONAL INDEMNITY COMPANY v`. 2003 ra = : y �. 1933 : c ; By �W • ;;�; • 6�;W...i `tea . STATE OF IOWA,��,'••� • • •... •.'• President COUNTY OF DALLAS ss. On this 13th day of January 2025 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. h��L'At,s Perini Miller f Commission Number 797952 My Commission Expires iCVVA January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies an this 13th day of May 2025 , °SRq� �' �o A9'A k'= .0-4 v' 2003? - 1933 =� Secretary POA 0018 (6124) •��`""..... e. • • • • • + M E R A-r BONDING COMPANY IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http-//www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (1109) 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 005119-1 Bond #101305503 r,IA,NT�NANCE BOND Pap 1 -if a SECTION 00 6119 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we McClendon Construction Company, Inc., known as "Principal" herein and Merchants Bonding Company (Mutual), a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a munieipai corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Ten Million Six Hundred Thirteen Thousand Seven Hundred Eight Dollars ($10,613,708.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors,, administrators, successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the 131h day of May, 2025, which Contract is hereby referred to and a made part 20 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 21 and other accessories as defined by law, in the prosecution of the Work, including any 22 Work resulting from a duly authorized Change Order (collectively herein, the "Work") as 23 provided for in said contract and designated as Keller Hicks Road — Park Vista Boulevard 24 to Lauren Way, CPN 103276; and `AI 26 WHEREAS, Principal binds itself to use such materials and to so constructthe Work 27 in accordance with the plans, specifications and Contract Documents that the Work is and 006119-2 MAINTENANCE 3OND Page 2 of u 1 will remain free frorn defects in materials or workmanship for and during the period of 2 two (2) years after the date of Final acceptance of the Wori< by the City ("Maintenance 3 Period"); and 4 WHEREAS, Principal binds itself to repair or reconstruct the Work in whoie or in part 5 upon receiving notice from the City of the need therefor at any time within the 6 Maintenance Period. 7 S NOW THEREFORE, the candition of this obligation is such that if Principal shall 9 remedy any defective Work, for which timely notice was provided by City, to a completion 10 satisfactory to the City, then this obligation shall becorne null and +role; otherwise to 11 remain in full force and effect. 12 13 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 14 noticed defective Work, it i5 agreed that the City may cause any and all such defective 15 Work to be repaired and/or reconstructed uvith all associated costs thereof being borne 16 by tree Principal and the Surety under this Maintenance bond; and 17 is PROVIDED FURTHER, that if any legal action be filed on This Bond, venue shall lie 19 n Tarrant County. Texas or the United States District Court for the Northern District of 20 Texas, Fort Worth DMsion, and 21 22 PROVIDED FURTHER, that this obligation shall be continuous in nature and 23 successive recoveries may be had hereon for successive breaches. 24 25 3' 7 .-,-3d —"orx V,sm OLiev,3rj to Lauer., =Aja 00 61 19 - 3 MAINTENANCE SONS Page 3 of 4 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 13th day of May 3 , 202S. 4 5 5 Inc. 7 8 9 10 ATT •ST: 11 1261 ? 13 (Principal) Secretary 14 15 16 17 18 Witnqq� as to Principal PRINCIPAL: McClendon Construction Company, Inc. :� Signature Dan McClendon, President Name and Title Address: P.O. Box 999 Burleson, Texas 76097 CITY OF FORT WORTH Keller .4,`cks Road— Park Vesta Soutevord to Lauren Noy STANDARD CONSTRLJCI}ON SPECIFICATION DCCUVENT.S CPN 103276 Revised December S, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 2b MAIN NANCr-30N R OF SURETY: Merchants Bonding Company Mutual (Mutual) Signature Witness as to Surety Emilv Allison Mikeska, Attorney -in =Fact Fact Name and Title Connie Williamson - Witness Address: 6700 Westown Parkway West Des Moines, Iowa 50306 Telephone Number: 1-800-678-8171 Email Address: emikeska@acrisure.com "Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has aul` ority to sign such obligation. if Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION -A'(qR TH Xelfe• Heck, Road — Pork ui>ro 8pu12vr7,1d ro LLTUren 'vL'cy 3ik�lk-A. �'€3rRu'CTiC3l+�5PECiRG� IONJ EQC' M'ENIS cpfj iG3 I& Revis=.7 8, 2023 ERCHAN- S BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlbla Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Allyson W Dean; Ana Owens; Andrea Rose Crawford; Andrew Gareth Addison; Bryan Kelly Moore; Colin E Conly; Cory Kiper; Debra Lee Moon; Elizabeth Ortiz; Emily Allison Mikeska; Faith Ann Hiity; John R Ward; Kimberly Rochelle Gonzalez, Michael Wiggins; Monica Ruby Veazey; Patrick Thomas Coyle; Sandra Lee Roney; Thomas Douglas Moore; Troy Russell Key their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission 10 any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used small have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwea€th of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of January 2025 �.•'A�10N4 ''•.. =~ 2003 ; o 4k •a: y" 1933 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. dlbla MERCHANTS NATIONAL INDEMNITY COMPANY By 774— President STATE OF IOWA '•.,,,,•' COUNTY OF DALLAS ss. """"� • " On this 13th day of January 2025 , before me appeared Larry Taylor. to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.--'-- €_ hzg`a� s Penni Miller Commission Number 787952 + • My Commission Expires ONA January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) 1, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of May , 2025 . �i�,,.......,,• .......... G +mil 2003 : 0; : y'• 1933 ; y • secretary :d•'••. . may. POA 0018 (6124) ...... ` • • 7111b�, MEP,CHANTS BONDING COMPANY IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (1/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET FLEX ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number CPP 21198860301 Policy Expiration Date 1 /31 /2026 Named Insured McClendon Construction Company, Inc. Agency Number Date Agency Acrisure Texas Risk Advisors & Insurance Services. LLC Policy Effective Date 1 /31 /2025 Account Number Issuing Company Amerisure Insurance Company A. SECTION II -WHO IS AN INSURED is amended to add as an additional insured: 1. Any person ororganization with whore you have agreed in a "written agreement" that such person or organization be added as an additional insured on this policy, and any other person or organization you are required to add as an additional insured under such "written agreement'. 2. If "your work" began under a written letter of intent or written work order, any person or organization who issued the written letter of intent or written work order, but: a. such coverage will apply only for 30 calendar days following the date the written letter of intent or written work order was issued; and b. the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the written letter of intent or written work order. This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. For the purposes of the coverage provided by this endorsement, a "written agreement" means a written contract or written agreement that: 1. requires you to include a person or organization as an additional insured for a period of time during the policy period; and 2. is executed prior to the occurrence of "bodily injury", "property damage", or "personal and advertising injury" that forms the basis for a claim under this policy. The insurance provided by this endorsement does not apply to any person or organization that is specifically listed as an additional insured on another endorsement attached to this policy. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 1 of 3 B. The coverage provided to any person or organization added as an additional insured pursuant to Paragraph A.1 is limited as follows: 1. If the "written agreement" specifically and exclusively requires you to name the person or organization as an additional insured using the ISO CG 20 10 endorsement with edition dates of 11 85 or 10 01, or the ISO CG 20 37 10 01 endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" for that insured by or for you. 2. If the "written agreement" requires you to name the person or organization as an additional insured using the ISO CG 20 10 and or CG 20 37 endorsements without specifically and exclusively requiring the 11 85 or 10 01 edition dates, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. 3. If the "written agreement" requires you to name the person or organization as an additional insured for operations arising out of your work and does not specify an ISO additional insured endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of your acts or omissions, or the acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the sole negligence of the additional insured unless specifically required in the "written agreement". 4. if none of the above paragraphs apply, then the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. However, the insurance afforded to such additional insured only applies to the extent permitted by law. C. The insurance provided to an additional insured under this endorsement does not apply to: "Bodily injury" or "property damage" included in the "products -completed operations hazard" unless the "written agreement" specifically requires such coverage (including by specifically requiring the CG 20 10 11 85). To the extent the "written agreement" requires such coverage for a specified amount of time, the coverage provided by this endorsement is limited to the amount of time required for such coverage by the "written agreement". 2. "Bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: a. The preparing, approving, or failing to prepare or approve: (1) Maps; (2) Drawings; (3) Opinions; (4) Reports; (5) Surveys; (6) Change orders; CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 2 of 3 (7) Design specifications; and b. Supervisory, inspection, or engineering services. D. The limits of insurance that apply to the additional insured are the least of those specified in the "written agreement" or declarations of this policy. Coverage provided by this endorsement for any additional insured shall not increase the applicable Limits of Insurance shown in the Declarations. The limits of insurance that apply to the additional insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. E. With respect to the coverage provided by this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. a. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On any other basis. In addition, this insurance is excess over any self -insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if the "written agreement' requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 3 of 3 NAMED INSURED: McClendon Construction Company, Inc. POLICY NUMBER: CPP 21198860301 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS ; Page Additional Definitions 9 2. Aggregate Limits Per Location 7 j 3. Aggregate Limits Per Project 6 4. Blanket Contractual Liability — Railroads 3 I 5. Broadened Bodily Injury Coverage 10 16. Broadened Knowledge Of Occurrence 8 7. Broadened Legal Liability Coverage For Landlord's Business Personal Property 7 8. Broadened Liability Coverage For Damage To Your Product And Your Work 10 19. Broadened Who Is An Insured 3 10. Co -Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers 4 [see provision 9, Broadened Who Is An Insured, paragraph 2.a.(1)1 111. Contractual Liability — Personal And Advert isincf Injury 3 12. Damage To Premises Rented To You — Specific Perils and Increased Limit 7 13. Designated Completed Projects — Amended Limits of Insurance 11 j j 14. Extended Notice Of Cancellation And Nonrenewal 8 115_ Incidental Malpractice Liability 6 116. Increased Medical Payments Limit 7 j 17. Mobile Equipment Redefined 9 j { 18. Nonowned Watercraft 3 119. Product Recall Expense 2 j 20_ Property Damage Liability —Alienated Premises 2 121. Property Damage Liability — Elevators And Sidetrack Agreements 2 I 22. Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care, 2 Custody And Control Of The Insured 23. Reasonable Force — Bodily_ Injury or Property Damage 10 I 24. Supplementary Payments 3 125. Transfer Of Rights (Blanket Waiver Of Subrogation) 8 126. Unintentional failure To Disclose Hazards 8 I Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 1 of 11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I — COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement are excess over any valid and collectible insurance (including any deductible) available to the insured, whether primary, excess or contingent (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is changed accordingly). Provisions 1. through 6. of this endorsement amend the policy as follows: 1. PROPERTY DAMAGE LIABILITY —ALIENATED PREMISES A. Exclusion j. Damage to Property, subparagraph (2) is deleted. B. The following paragraph is deleted from Exclusion j. Damage to Property; Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. 2. PROPERTY DAMAGE LIABILITY — ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion J. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. 3. PROPERTY DAMAGE LIABILITY — PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE INSURED A. Exclusion j. Damage to Property, paragraphs (3) and (4) are deleted.. B. Coverage under this provision 3. does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 4. PRODUCT RECALL EXPENSE A. Exclusion n. Recall of Products, Work or Impaired Property does not apply to "product recall expenses" that you incur for the "covered recall' of "your product". This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of "your product", which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your product(s)" that have no known or suspected defect solely because a known or suspected defect in another of "your product(s)" has been found. B. Under SECTION III — LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 11 CG 70 63 0417 a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of 'bodily injury" and "property damage" included in the "products -completed operations hazard" and b. "Product recall expenses". 8. Subject to paragraph 5. above [of the CGL Coverage Form], $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. 5. NONOWNED WATERCRAFT Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted and replaced with the following: ["this exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 6. BLANKET CONTRACTUAL LIABILITY— RAILROADS Under SECTION V — DEFINITIONS, paragraph C. of "Insured Contract" is deleted and replaced by the following: C. Any easement or license agreement; Under SECTION V — DEFINITIONS, paragraph f.(1) of "Insured Contract" is deleted. 7. CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY Under SECTION I - COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, paragraph i.b. is deleted and replaced with the following: 1. b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 9. BROADENED WHO IS AN INSURED SECTION 11—WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 3 of 11 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: (1) 'Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or volunteer worker as a consequence of paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in Provision 10. of this endorsement. Paragraphs (1)(8), (1)(b) and (1)(c) above do not apply to your "employees" who are: (l) Managers; (ii) Supervisors; (lil) Directors; or (iv) Officers; with respect to "bodily injury" to a co -"employee". (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative it you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Includes copyrighted material of Insurance Services Office, Inc_ Page 4 of 11 CG 70 63 0417 f. Any person or organization, including any manager, owner, lessor, mortgagee, assignee or receiver of premises, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises or land leased to you, including common or public areas about such premises or land if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy or lease that premises or land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. g. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", 'property damage", "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or 'property damage" included within the "products -completed operations hazard." h. Any person or organization who is the lessor of equipment leased to you, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person(s) or organization(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No such person or organization, however, is an insured with respect to any "occurrence" that takes place after the equipment lease expires. i. Any architect, engineer, or surveyor engaged by you under a written contract but only with respect to liability arising out of your premises or "your work." However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person only applies to the extent permitted by Subchapter C of the Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No architect, engineer, or surveyor, however, is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph i. does not apply if a separate Additional Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attached to the policy. If the written contract or written agreement requires primary and non-contributory coverage, the insurance provided by paragraphs f. through 1. above will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. 3: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 5 of 11 C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed under a written contract to provide insurance is an insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; C. Any physical or chemical change in "your product" made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the "your product"; g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This paragraph 4. does not apply to any insured person or organization from which you have acquired 'Your products", or any ingredient, part, or container, entering into, accompanying or containing "your products". This paragraph 4. also does not apply if a separate Additional Insured endorsement, providing liability coverage for "bodily injury" or "property damage" arising out of "your product" that is distributed or sold in the regular course of a vendor's business, is attached to the policy. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 10. INCIDENTAL MALPRACTICE LIABILITY As respects provision 9., SECTION 11— WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee" does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III — LIMITS OF INSURANCE, provisions 11. through 14. of this endorsement amend the policy as follows: 11. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. Page 6of11 CG70630417 12. AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract or written agreement. As respects this provision 12., your locations are premises you own, rent or use involving the same or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. However, your locations do not include any premises where you, or others acting on your behalf, are performing construction operations. 13. INCREASED MEDICAL PAYMENTS LIMITS A. SECTION III — LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all the terms of SECTION III — LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. B. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU — SPECIFIC PERILS AND INCREASED LIMIT A. The word fire is changed to "specific perils" where it appears in: 1. The last paragraph of SECTION I — COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a "specific peril" or any combination of "specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III -- LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $1,000,000; or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTION I — COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. E. "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 15. BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD'S BUSINESS PERSONAL PROPERTY Under SECTION I — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, the first paragraph following paragraph (6) is deleted and replaced with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to a landlord's business personal property that is subject to, or part of, a premises lease or rental agreement with that landlord. The most we will pay for damages under this provision 15. is $10,000. A $250 deductible applies. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 16. through 18. of this endorsement amend the policy as follows: Includes copyrighted material of Insurance Services Office, Inc_ CG 70 63 0417 Page 7 of 11 16. BROADENED KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers," directors, or managers has knowledge of the 'occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form, failure to report such an `occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. f. You must see to it that the following are done in the event of an actual or anticipated 'covered recall' that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 18. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph S. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CG 70 63 0417 Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. b. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61 st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. C. If notice is mailed, proof of mailing will be sufficient proof of notice. d. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. 20. MOBILE EQUIPMENT REDEFINED Under SECTION V— DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight that are not designed for highway use. 21. ADDITIONAL DEFINITIONS 1. SECTION V — DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury," "property damage," or "personal and advertising injury," including "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V — DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition In "your product" has resulted or will result in "bodily injury" or "property damage". "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of "your product" for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; C. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and Includes copyrighted material of Insurance Services Office, Inc_ CG 70 63 0417 Page 9 of 11 (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid "bodily injury" or "property damage". 22. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE Under SECTION I — COVERAGE A., paragraph 2. Exclusions, subparagraph a. Expected Or Intended Injury is deleted and replaced with the following: [This insurance does not apply to:] a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 23. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under SECTION I —COVERAGE A., paragraph 2. Exclusions, exclusion k. Damage to Your Product and exclusion I. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to 'your product" arising out of it or any part of it, except when caused by or resulting from: (1) Fire; (2) Smoke; (3) "Collapse'; or (4) Explosion. For purposes of exclusion k. above, "collapse" means an abrupt failing down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. I. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) "Collapse"; or (d) Explosion. For purposes of exclusion 1. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 70 63 0417 Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product -completed operations hazard". This sublimit does not apply to "property damage" to "your work" if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24. BROADENED BODILY INJURY COVERAGE Under SECTION V — DEFINITIONS, the definition of "bodily injury" is deleted and replaced with the following: 3. "Bodily injury" a. Means physical: (1) injury; (2) Disability; (3) Sickness; or (4) Disease; sustained by a person, including death resulting from any of these at any time. b. Includes mental: (5) Anguish; (6) Injury; (7) Humiliation; (8) Fright; or (9) Shock; directly resulting from any "bodily injury" described in paragraph 3.a. C. All "bodily injury" described in paragraph 3.13. shall be deemed to have occurred at the time the "bodily injury" described in paragraph 3.a. occurred. 25. DESIGNATED COMPLETED PROJECTS — AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project -specific limits of insurance exceeding the limits of this policy; A. for "bodily injury" or "property damage" that occurs within any policy period for which we provided coverage; and B. for "your work" performed within the "products -completed operation hazard"; and C. for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CC 71 94 either during this policy term or a prior policy term; and D. that designated project is now complete; the limits of insurance shown in the CC 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose of the project location. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 11 of 11 NAMED INSURED: McClendon Construction Company, Inc. POLICY NUMBER: CA 21198850301 COMMERCIAL AUTO CA 7165 0911 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY INSURED CONTRACT OR CERTIFICATE This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM The provisions of the Coverage Form apply unless changed by this endorsement. This endorsement identifies person(s) or organization(s) who are "insured" under the Who Is An Insured Provision of the Coverage Form. This endorsement changes the policy on the inception date of the policy, unless another date is shown below. Endorsement Effective: Countersigned By: 1 /31/2025 Named Insured: McClendon Construction Company, Inc. (Authorized Representative) (No entry may appear above. if so, information to complete this endorsement is in the Declarations.) 1. Section II — Liability Coverage, A. Coverage, 1. Who Is An Insured is amended to add: Any person or organization with whom you have an "insured contract" which requires: i. that person or organization to be added as an "insured" under this policy or on a certificate of insurance; and ii. this policy to be primary and non-contributory to any like insurance available to the person or organization. Each such person or organization is an "insured" for Liability Coverage. They are an "insured" only if that person or organization is an "insured" under in SECTION II of the Coverage Form. The contract between the Named Insured and the person or organization is an "insured contract'. 2. Section IV — Business Auto Conditions, B. General Conditions, 5. Other Insurance, paragraph d. is deleted and replaced by the following for the purpose of this endorsement only: d. When coverage provided under this Coverage Form is also provided under another Coverage Form or policy, we will provide coverage on a primary, non-contributory basis. Includes copyrighted material of Insurance Services Office, Inc. with its permission. NAMED INSURED: McClendon Construction Company, Inc. POLICY NUMBER: CA 21198850301 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ 1TCAREFULLY. This endorsement Modifies Insurance provided under the SUSINESSAUTO COVERAGE FOPA With respect to coverage provided by" erdorsemenL the provisions of the Coverage Form apply unless modified by the endorsement. The prarnium forlhisendorsement is $-U50.00 tow d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and aver which you maintain ownership or a majority interest, will qualify as a Named Insured. However, (1) Coverage under this provislon Is afforded only until the end of the policy period; (2) Coverage does not apply to 'accidents" or "loss" that occurred before you acquired or formed the organization, and (3) Coverage dotes not apply to an organization that Is an "insured" underanyother polley or would bean "Insured" but for its termination orate exhausting of Its Amlt of insurance. e. Any"employee" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee or a member of his or her household, while performing dutlea related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a cbntraat or agreement In that "employee's" name, with your permission, while performing duties related to the conduct of your buslrtess. However, your "employee" does not qualify as an Insured underthls paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's' household, f. Your members, If you area limited liablittycornpimy, while using a covered "auto" you do not oven, hire or borrow and while perkirming duties relatedto the conduct of your business or your personal affairs. This provision does not apply: (1) Unless the written contractor agreement 1s executed or the {permit Is Issued prior to the "bodily Injury" or "property damage", (2) To any person or organization Included as an Insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless, (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auk" Is teased without a driver; and Includes copyrighted material of insurance Services Otflas, Inc. CAA 7118 1109 Page'I of 5 (c) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally Incorporated organization or subsidiary In which you own more than 50% of the voting stock on the effective date of this endorsement. This provision does not apply to "bodily injury" or "properly damage" for which an "Insured" is also an Insured under any other automobile policy or would be an Insured under such a policy, but for Its termination or the exhaustion of its llmits of insurance, unless such policy was written to apply specifically In excess of this paicy_ 2. COVERAGE EXTENSIONS -SUPPLEMENTARY PAYMENTS UnderSeadon II - LIABILITY COVIERAGL, A2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced as follows; (2) Up to $2, 500 for the cost of ball bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to fumish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, Including actual loss of earnings up to $500 a day because of Ilme off from work. 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION III - LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee Ea deleted and replaced bythe Following: 5. Fellow Employee "Bodily Injury" to: a. Any f6 low "employee" ofthe "Insured" arising out of and In the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not ap pfyto you r "amp(oyees" that are officers, managers, supervisors or above, Coverage Is excess over any other collectible Insurance. la. The spouse, child, parent, brother or sister of that felk w "employee" as a consequence of paragraph a. above. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the fbi ia+ving Is added* If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employeW hire or borrow, underyour name or the "employee`s" name, for the purpose of doing your work. We wilt provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown In the Declarations, (tens Three, Schedule of Covered Autos You Own, or an any endorsements amending this schedule. B. under SECTION III -PHYSICAL DAMAGE COVERAGE, AA. Coverage Extensions. paragraph Ib. Loss Of'Use Expenses Is deleted and replaced with the following, b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses farwhich an "insured" becomes legally responsible to payfor loss of use of a vehicle rented or hired without a driver. under a written rental contract oragreement. We will pay for loss of use expenses Ircaused by: (1) Other than collision, only If the Declarations indicate that Comprehensive Coverage Is provided for any coveted "auto"; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 CA 71181109 (2) Specified Causes of Loss, only If the Declarations indicate that Specified Causes Of Loss Coverage Is provided for any covered "auto"; or (3) Collision, only If the Declarations indicate that Collision Coverage Is provided for any covered aufo". However, the most we will pay for any expenses for loss of use Is $30 per day, to a maximum of $2,0130. C. Under SECTION IV --BUSINESS AUTO CONDITIONS, B. General Conditions, 5, Other Insurance, paragraph b. Is replaced by the following: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employees" undera contract in that Individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that Is leased, hired, rented or borrowed with a driver Is not a covered "auto", nor Is any "auto" you hire from any of your "employees", partners (if you area partnership}, members Qf you area limited liabilitycompany), or members oftheir households. S. LOAN OR LEASE GAP COVERAGE Under SECTION III -- PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added; If a covered "auto" Is owned or leased and If We provide Physical Damage Coverage on It, we will pay, In the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto', less: (a) The amount paid under the Physical Damage Section of the policy; and: (b) Any: (1) Ovardue lease or loan payments including penalties, Interest or other charges resuiling from overdue payments at the time of the "loss"; (2) Financial penalties Imposed under a lease for excessive use, abnomral wear and tear or high mileage, (3) Costs for extended Warranties, Credit Life Insurance, Health, Accident or 131sablitty Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor, and (5) Carr"ver balances from previous loans or leases, 6. RENTAL REIMBURSEMENT Under SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Exllensions, paragraph a.. Transportation Expenses Is deleted and replaced by the following: a. Transportation Expenses (1) We will pay up to $75 per day -to a maximum of $2,000 for transportation expense Incurred by you because of c:over+ed "Iosa". We will pay only for those covered °autos" forwhlch you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses Incurred d&ngthe period beginning 24 hours after the covered"loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned to use of we payfor its "lass . This coverage is in addition to the otherwise applicable coverage you have on a hovered "auto". No deductibles apply to this coverage. Indudas copyrighted material of Insuranca Services Office, Inn. CA 71 IS 1109 Page 3 of 5 (2) This coverage does not applywhlle there is a spare or reserve "auto" available to you for your operation. 7. AIRBAGCOVERAGIE Under SECTION ill -PHYSICAL DAMAGE, S. EXCLUSIONS, paragraph 3. Is deleted and replaced by the following: 3. We will not payfor"loss" caused byor resulting From any of the following unless caused byother"loss° that is covered bythis insurance: (1) Wear and tear, freezing, mechanical or electrical breakdown. However, this exciuslon does not Include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. & GLASS REPAIR -WAIVER OF DEDUCTIBLE Section Ili— PHYSICAL DAMAGE COVERAGE, D. Deductible Is amended to add the following: No deductible applies to glass damage If the glass Is repaired rather than replaced. 9. COLLISION COVERAGE —WAIVER OFDEDUCTIBLE Under Sectlon III . PHYSICAL DAMAGE COVERAGE, D. Deductible Is amended to add the fallowing: When there Is a loss to your covered "auto" Insured for Collision Coverage, no deductible will apply If the loss was caused by a collision with another "auto" Insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV - BUSINESS AUYO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, paragraph a. is deleted and replaced by the fallowing: a. You must see to itthatwe are notified as soon as practicable of an "accident", claim, "sult" or "loss". Knowledge of an "accldent", claim, "suil"or'loss" byyour "employees' shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (If you area limited Ilebllitycornpany) has knowledge of the "accidenf, , claim, "suit" or "loss". Notice shavid include: (1) How, when and where ths'acddenr or "loss" occurred; (2) The "Insurad's" name and address; and (3) To the eKlant possible, the names and addresses of any Injured persons and witnesses. - [Ender SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph S. Transfer Of Rights Of Recovery Against Others To Us Is deleted and replaced by the following: 5 Transfer Of Rights Of Recovery Against Others To Us If any person or organization to odor whom we make payment underthls Coverage Form has rights to recover damages from another, those rights are transferred to us, That person or organization must do everything necesseryto secure our rights and must do nothing alter "accident" or "loss" to Impair them. However, If the "Insured" has watered rights to recover through a written contract, or if your work was commenced under letter of Intent or work order, subject to a subsequent reduction in Writing with customers whose customary contracts require a waiver, we walve any right of recovery we may have underthls Coverage Form, Includes copyrighted mate Hat of Insurance Services Office, Inc. Rage 4 of 5 CA 71181109 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We wtli not deny coverage under this Coverage Form If you unintentionally fall to disclose all hazards existing as of the fncepilon date or this policy. You must report to us any knowledge of an error or omission In your representations as soon ae practicable after Its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. When required by written contract or mitten agreement, the detinlilon of "insured contract" is amended as follows., ----- The exception contained In paragraph H.3. relating to construclian or demolition operations on or within 50 feet of a railroad; and Paragraph H,a, are deleted with respect to the use of a covered "auto" In operations for, or affecting, a railroad, Includes copyrighted material of Insurance Services t}fflce, Inc. CA 71181109 Page 5 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be @@ @ percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1/31/2025 Policy No. WC 21198880301 Endorsement No. WC 42 03 04 B Named Insured:' McClendon Construction Company, Inc. Premium Insurance Company -Amerisure Insurance Company WC 42 03 04 B (Ed. 06-14) Countersigned by Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. NAMED INSURED: McClendon Construction Company, Inc. POLICY NUMBER: WC 21198880301 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. Number of Days Notice For any statutarily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is Increased to the number of days shown In the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization The Name of Person or Organization Is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States that notice of: a. Cancellation' b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or C. Material change reducing or restricting coverage; and 4. Is on Tile at your agent or broker's office for this policy. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 05 07 - BLKT FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Keller Hicks Road M&C: CPN: 103276 CSO: DOC#: Date: 04/29/25 To: Name Department Initials Date Out 1. Dan McClendon Vendor -Signer DM 05/05/25 2. Mitch Aiton TPW-Signer MA Ma 05/05/25 3. Leonel Rios TPW-Review 05/14/25 4. 5. 6. 7 8 9 10. CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ❑No RUSH: []YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Reauired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(&,fortworthtexas.2ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! 0Bond Verification MM&C FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Keller Hicks Road M&C: 25-0431 CPN: 103276 CSO: Date: 05/14/25 To: Name 1. Donnette Murphy 2. Patricia Wadsack 3. Lauren Prior 4. Lorita Lyles 5. Doug Black 6. Jesica McEachern 7 Ronald Gonzales g Jannette Goodall 9 Allison Tidwell 10. TPW Contracts Department Initials Risk -Approver TPW Approver TPW-Signer Legal -Approver « LL Legal -Signer Doug ACM -Signer CA CSCO-Approver �� _,p, CSCO-Signer e'er CSCO-Form Filler - TPW DOC#: Date Out 05/14/25 05/18/25 05/19/2025 05/21 /25 05/21 /25 05/29/25 05/29/25 05/29/25 05/29/25 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: []YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Re uired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to General Conditions ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts a@fortworthtexas. qvv for pickup when complete. Call eat. 7233 or eat. 8363 with questions. Thank you!