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HomeMy WebLinkAboutContract 48578 CITY SECRETARY CITY SECRUARY f CONTRACT NO. L � D.O.E. FILE CONTRACTOR'S BONDING CO. FORTWORTH CONSTRUCTION'S COPY CLIENT DEPARTMENT PROJECT MANUAL FOR ON-CALL STREET LIGHT CONTRACTOR TPW Project No.: TPW-TM-2.016-01 Betsy Price David Cooke Mayor City Manager Douglas W Wier"sig, P.E. Director,Transportation and Public Warks Department Prepared for The City of Fort Worth Transportation and Public WorksDepartment 2016` OFFICIAL,RECORD CITY SECRETARY FT. WORTH, 'IAC g 10 QUENEI.I. T, JOHNSON N .. -3 1 �' i{Q007 .�t�� f /f 1111�sioNAi.�t�c?; 000010-1 TABLE OF CONTENTS Page 1 of 4 1 SECTION 00 00 10 2 TABLE OF CONTENTS 3 4 Division 00-General Conditions 5 0005 10 Mayor and Council Communication 6 00 05 15 Addenda 7 00 11 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 0045 11 Bidders Prequalification 15 0045 12 Prequalification Statement 16 0045 13 Bidder Prequalification Application 17 00 45 26 Contractor Compliance with Workers'Compensation Law 18 00 45 40 Minority Business Enterprise Goal 19 00 45 41 Small Business Enterprise Goal 20 00 52 43 Agreement 21 00 61 25 Certificate of Insurance 22 00 62 13 Performance Bond 23 00 62 14 Payment Bond 24 00 62 19 Maintenance Bond 25 00 72 00 General Conditions 26 007300 Supplementary Conditions 27 28 Division 01-General Requirements 29 01 11 00 Summary of Work 30 1 01 25 00 Substitution Procedures 31 013119 Preconstruction Meeting 32 013120 Project Meetings 33 01 32 16 Construction Progress Schedule 34 01 32 33 Preconstruction Video 35 013300 Submittals 36 0135 13 Special Project Procedures 37 014523 Testing and Inspection Services 38 01 50 00 Temporary Facilities and Controls 39 01 55 26 Street Use Permit and Modifications to Trak Control 40 01 S713 Storm Water Pollution Prevention Plan 41 0158 13 Temporary Project Signage 42 01 60 00 Product Requirements 43 01 66 00 Product Storage and Handling Requirements 44 01 70 00 Mobilization and.Remobilization 45 01 71 23 Construction Staking 46 01 74 23 Cleaning 47 01 77 19 Closeout Requirements 48 01 78 23 Operation and Maintenance Data 49 01 78 39 Project Record Documents CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 2,2014 00 00 10-2 TABLE OF CONTENTS Page 2 of 4 1 _ 2 Technical Specifications which have been modified by the Engineer specifically for-this 3 Project; hard copies are included in the Project's Contract Documents 4 5 None 6 7 Technical Specifications listed below are included for this Project by reference and can be 8 viewd/downloaded from the City's Buzzsaw site at: 10 https://Projectpoint.buzzsaw.com/fortworthaQv/Resources/30%20 11 %20New%2ODeyelopment%2OResources/Specs%20and%2OContract%2ODocuments? 12 public 13 14 15 16 Division 02— 17 Existing Conditions 18 0241 1113 SeleetivAite Demolition 19 0241 1 q Ut ;ty Pcemeval/A b..nde •, csc 20 024115 15 Payir,..n,,..,,.val 21 22 Division 03—Concrete 23 03 30 00 Cast-Irl-Place Concrete 24 03 34 13 Gefi4elled Low Strength 1�ktetial(GL&M) 25 27 28 Division 26-Electrical 29 26 05 00 Common Work Results for Electrical 30 26 05 10 Demolition for Electrical Systems 31 26 05 33 Raceway and Boxes for EIectrical Systems 32 260543 Uadefgretmd Duets and Raeeways.e r Neetrieal Systems 33 34 Division 31-Earthwork 35 31 10 00 Site rata Tl -�=LV V1V RA . 36 3123 16 UnclassifiedD.,....,afiew 37 312323 kTOW 38 31 24 00 Embankments 39 31 25 00 E&e3zoz-FnaSediment- Control 40 313600 Gabions. 41 313700 42 43 Division 32-Exterior Improvements 44 320117 Permanenf Asphalt Paying Repah, 45 320118 Temporary Asphah Paving Rep 46 320129 Concrete PaAB�� 47 321123 Fi dble Base Courses 48 321129 -Liffic Treated Base Cates 49 32 '1 33 Cement Treated Baso Courses 50 CITY OF FORT WORTH On-Cat!Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 2,2014 00 00 10-3 TABLE OF CONTENTS Page 3 of 4 1 32 1:2 73 Asphalt halt�a w :weak iAs t. .:b�r'. 2 32131- ref, ^+^n r,i - 3 , 5 3214 16 B1iekUfiftPftVif3g 6 321613 Gen^,.^+^r,,,.h a:�'1 6„t+,.n a:d Valley Cl t teff 7 321723 Pffe nt T s 8 325 31 3 Chai Link Feeees and Gates 9 323126 W Fea s and Gates 10 32 M 29 Wood Fenees afld Gates 11 323213 r+. Qt ;n bi;,^^ r^n ete Retaining A411& 12 32 91 19 Topsoil Placement and Finishing of Parkways 13 32 92 13 Hydro-Mulching, Seeding,and Sodding 14 3293 43 15 16 Division 33-I tiiities 17 330130 Se-Ver E;::1:'Ianh le Testing ug 18 33-0z3i Closed r,.euit T„leAs.en (GGT-V) speetion 19 -q3 n! i on i2ypa6s Pumping of Existing sewer Systems 20 3304 10 joint Bending and C1.,etrieM Iselatie,, 21 33 041r11 i-24-4(1-o-sl6n Control Test Stations 22 3304 12 Magnesiumn—node r.,+l,edie n-etee+,^n ex e 23 33-04 30 Treet,;jury.Watef Ser y eea 24 33-0-4x40 Cleaning and :eee to::e Testing of'txT..+,,..l1 Gins 25 33 05 10 Utility ReneE..^.,vafien 1Bn.,b.,d efA3 a,a Ektc 26 3305 112 Witter Line Lower-in 27 33-0513 1 game Cover and Giade�i � nAbu 28 3305 14 Adjusfiftg Menholes, >and Other Structures to &'ade 29 3305 16Gefter-ete Water auIts 30 33-05 1-7 onerete.Cellars 31 33-t05 20 —ger BAng 32 930521 T-unnelUffief plate- 33 33-0522 Steel Casing e nAnPipe Pip� 34 33-05-23 Hand Tunnel Y 35 330524 Mst.,llatie of f's.,,.....,r Pipe in Casing e�uinei_L;n^..1�, + ,���.,� �ter„......,..�A..b.,. x.......,.��.,��mow.., 36 33 0526 Utility r,r.,Acers oeatem 37 33 0530 1~ ,nleyfftafy Riew,,,+;^n or Frx4s in _b4ilipies r aa�AvnA ug v 38 33 1110 Due;l„ken ry pe 39 33 11 1 1 1 Du Ale ken Fittings Fitts }AAgJ 40 33 1112 Pel)wint ll-Adv(PVG)p sun:Pipe 41 33111 13 Concrete Pres ufa—P p, , , Steel Cy4fiWef4�ype 42 e and Fittings 43 33 72-T0 Water Services 1 in o w hi 44' 3333 12 1/1— u �'x Large a1` 45 33 1220Resilient Seated gate Va1w 46 33 1221 n txrxxr n R—abbe«Seated Butterfly Va:ccs 47 33 1225 n n eefien to Existing W ter Mains 48 33 1230 Gembift4ien Aif Valve Assemblies feT Potable Wftter Systems 49 33 1240 Barrel Fire Hydtant-s 50 33 rz 50 cxT +^i r mnl stat;...... CITY OF FORT WORTH ''> On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 2,2014 00 00 10-4 TABLE OF CONTENTS Page 4 of 4 1 33 1260 Blow off Valves 2 3331 112 Guied in Place p.pe(CI-`.P 3 333113 Fiberglass ne;,,h« ea a;,, 4 33 311 15 MPE Pip 17„ e^ •+ Sewers(C*m*and Feree Mains) 5 33 M 20 n„1,,. .,1 rt,le+iae(PVC)r,.^_,ity Sanitafy Sewer-P 6 e 7 33 31 22 Sanitary cewe,.Slip Lining 8 33 3423 Sanit^ ,Sewer v;gyp, .l^e E me .a;'se 9 33 3150 •t^ ,Sewer Se.'iee Cenneetions and Ser.'iee b.__. 10 33 M 70 Combination Air Valve for Sanity Sewer>aoreeMain 11 3339 10 Cast in Plaee r met.,Manhole 12 333920 Preeast Cenefefe 1"�fanbeles 13 33 39 -3n Fiber-glass Manholes 14 33 39 40 Access Chambef(W 15 333960 Epoxy riii^L7-1frlc iCCtur�Sewer vtiiet7ltieln 16 33 41 10 >? ereed Concrete Storm Se;..e. ,eir„1.Ses is 17 33 4111 HDPE Storm Sewer-Pipe 18 334600 Sub dFainage 19 33 46 01 gleed Storm Drain 20 334602 T+e„et,n,.^' 21 33 4.9-10— Cast in Dx-7c aye Manholes 1., and ney men Boxes. 33 ^4920— Curb a-ad Drop Inlets u y 23 33 49 40 Stefin Dt e 14e^a,,.^rlr and W.,..,,.^11 24 25 Division 34-Transportation 26 34 41 10 Traffic Signals 27 3441 13 Removing Trak Signals 28 34 41 20 Roadway Illumination Assemblies 29 34 41 30 Aluminum Signs 30 3471 13 Traffic Control 31 32 Appendix 33 QC 4.01 Availability of bands 34 rr 4.02 Subs r ee and Pbysieal Conditions 35 GG 4.04 UndeFgr-,,,,n Facilites 36 GG 4.06 Hazardetis Environmental Cendition t Ste 37 GC-•6.06.D Minority and Women Owned Business Enterprise Compliance 38 GC-6.07 Wage Rates 39 rev 6.09 Permits and Utilities 40 GC-6.24 Nondiscrimination 41 441 Pa-vis B^^,,,, A^t 42 F 02 Fair Labor Standai-ds Act- 43 F 03 Copeland 44 F 04 Work u,,.,,.^ Safety(GV/HSS As 45 END OF SECTION CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 2,2014 11/30/2016 M&C Review Official site of the City of Fort Worth,Texas COUNCILCITY AGENDA COUNCIL ACTION: Approved on 11/8/2016 DATE: 11/8/2016 REFERENCE *C-27984 LOG NAME:202016 ON-CALL STREET LIGHT NO.: CONTRACT-INDEPENDENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. Authorize Execution of Unit Price Contracts with Independent Utility Construction, Inc., and Bean Electrical, Inc., Each in an Amount Up to$500,000.00 for Task Order Construction Services for the Installation of Street Lights and Related Construction Components (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a unit price contract with Independent Utility Construction, Inc., and Bean Electrical, Inc., each in an amount up to $500,000.00 for task order construction services for the installation of street lights with a term of one year and providing for two renewal options at the earlier expiration of the funds or time. DISCUSSION: This maintenance contract will provide for construction services on an as-needed (task order) basis for the construction of projects relating to street lights and construction components that require a licensed electrician. Each contract amount is capped at$500,000.00, but may be increased or decreased due to the amount of work ordered through change orders. The project was bid in a low bid format to determine unit prices to be paid when task orders are issued. Notice of bids was published in the Fort Worth Star-Telegram on August 04, 2016 and August 11, 2016. On August 25, 2016, two companies submitted bids as follows: CONTRACTORS BIDS: Independent Utility Construction, Inc. $481,311.00 Bean Electrical, Inc. $672,962.40 Independent Utility Construction, Inc., is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation on this project. The City's MBE goal on this project is 9 percent. Bean Electric, Inc., is in compliance with the City's BDE Ordinance by committing to 9 percent MBE participation on this project. The City's MBE goal on this project is 9 percent. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, of the General Fund and in the various capital projects on a project by project basis and that prior to an expenditure being made, the participating department has the responsibility to validate the availability of funds. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22884&counclidate=11/8/2016 1/2 11/30/2016 M&C Review TO Fund Department Account Project Program Activity Budget I Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year ChartField 2 Submitted for City Manager's Office b Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Richard Martinez(7914) ATTACHMENTS Bean Electrical Form 1295 Cert of Interested Parties.0 Independent Utility Construction-Form 1295 Cert of Interested Parties.pdf httpl/apps.cfwnet.org/council_packettmc_review.asp?ID=22884&counciidate=11/8/2016 2/2 C - 27984 C CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-120047 Bean Electrical, Inc. Everman,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/04/2016 being filed. City of Fort Worth Date Ackwle ged: n 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description or the services,goods,or other property to be provided under the contract. TPW-TM 2016-01 2016 ON CALL STREET LIGHT CONTRACTOR Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Bean, ROY EVERMAN,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or firm,and pen o erjury,that the above disclosure is true and correct. CHERYLE R. ESPREE +`J4rPY PVO( _: e^Notary Public,Stote of Texas '-N..* y Comm,Expires 02-29 2020 Noiory ID 1890225 S n�of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said I Q > e��1 this the 74 day of 20_ ,to certify which,witness my hand and seal of Office. Chep Alo 161 N I i , tgna o officer minist ring oath Printed name of cer administering oath Title of office administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 000510-1 MAYOR AND COUNCIL COMMUNICATION(M&C) 1 SECTION 00 0510 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION CITY OF FORT WORTH On-Calf Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS fPW-TM 2016-01 Revised July 1,2011 000515-1 ADDENDA 1 SECTION 00 0515 2 ADDENDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ,. 19 20 21 22 END OF SECTION CITY OF PORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM 2016-01 Revised July 1,2011 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terns used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1.Bidder: Any person,firm,partnership, company,association,or corporation acting 12 directly through a duly authorized representative,submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2.Nonresident:Bidder:Any person,firm,partnership, company,association,or 16 corporation acting directly through a duly authorized representative,submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas 19 20 1.2.3.Successful Bidder: The lowest responsible and responsive Bidder to wliom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents, 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for thu work types 35 requiring prequalification at the time of bidding.Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at, 40 https://projectpoint.buzzsaw.com/forLwoithgoy/Resources/02%20- 41 %20Construction%2ODocurnents/Contractor%2OPrequalifioation/TPWV02OPayinng 42 %20Cont-Tactor%2OPrequalifiration%2OProgram/PREQUALIFICATION%20RE0 43 UIREMENTS%o20FOR%20PAVING%2000NTRACTORS.PDF7public 44 45 31.2.Roadway affil Pedestrian Lighting--Requirements document located at; 46 haps://pxojectpoint.buzzsaw.corn/fortworthgov/Resoluces/02%20- 47 %20Construction%2ODocuments/Contractor%2OPregualification/Tl?W%20Roadwa 48 y%20and%20Pedestiian%20Lighting%20Prequalifrcation%20Program7public 49 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.1.3. Water and Sanitary Sewer—Requirements document located at; 2 https://projeotpoint.buzzsaw.com/fortwoithgov/Resources/02%20- 3 %20Consti uction%2ODocuments/Contractor%2OPreeualification/Water%20andVo2 4 OSanitary%2OScwer%2OContractor%201'requalification"/o2OPiogram/WSS%20pre 5 qualo/"2Orequirements.doc?public 6 7 8 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 9 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 10 45 11,BIDDERS PREQUALIFICATIONS. 11 12 3.2.1. Submission of'and/or questions related to prequalification should be addressed to 13 the City contact as provided in Paragraph 6.1. 14 15 16 3.3.The City reserves he right to require any pre-qualified contractor who is the apparent low 17 bidder(s)for a project to submit such additional information as the City,in its sole 18 discretion may require, including but not limited to manpower and equipment records, 19 information about key personnel to be assigned to the project, and construction schedule, 20 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 21 deliver a quality product and successfully complete projects for the amount bid within 22 the stipulated time frame.Based upon the City's assessment of the submitted 23 information,a recommendation regarding the award of a contract will be made to the 24 City Council. Failure to submit the additional information,if requested,may be 25 grounds for rejecting the apparent low bidder as non-responsive.Affected contractor will 26 be notified in writing of a recommendation to the City Council. 27 28. 3.4.In addition to prequalification, additional requirements for qualification may be required 29 within various sections of the Contract Documents. 30 31 32 4. Examination of Bidding and Contract Documents, Other Related Data,and Site 33 34 4.1.Before submitting a Bid,each Bidder shall: 35 36 4.1.1.Examine and carefully study the Contract Documents and other related data 37 identified iip he Bidding Documents(including"technical data"referred to in 38 Paragraph 4.2.below).No information given by City or any representative of the 39 City other than that contained in the Contract Documents and officially 40 promulgated addenda thereto, shall be binding upon the City. 41 42 4.1.2.Visit the site to become familiar with and satisfy Bidder as to the general,local and 43 site conditions that may affect cost,progress,performance or furnishing of the 44 Work. 45 46 4.1.3. Consider federal,state and local Laws and Regulations that may affect cost, 47 progress,performance or furnishing of the Work. 48 49 50 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW TM-2016-01 Revised April 27,2016 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site(except Underground Facilities)that 4 have been identified in the Contract Documents as containing reliable"technical 5 data"and (ii)•repor•ts and drawings of Hazardous Environmental Conditions,if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable"tee hlnical data." 8 9 4.1.5.Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish.All additional information and data 11 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents.No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.6.Perform independent research,investigations,tests,borings, and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered dining the construction of the project. On request,City may provide 21 each Bidder access to the site to conduct such examinations,investigations, 22 explorations,tests and studies as each Bidder deem necessary for submission of a 23 Bid.Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations,investigations,tests and studies. 25 26 4.1.7.Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work,time required for its completion,and obtain all information 28 required to make a proposal.Bidders shall rely exclusively and solely upon thea 29 own estimalds,investigation,research,tests,explorations, and other data which are 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation,examinations and tests herein required. Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be 35 allowed. 36 37 4.1.8.Prornptly notify City of all conflicts,errors, ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents.The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents. 42 43 4.2. Reference is made,to Section 00 73 00—Supplementary Conditions for identification of. 44 45 4.2.1.1hose reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings, if any,on the plans are for general information only. 48 Neither the City nor the Engineer guarantees that the data shown is representative 49 of conditions which actually exist. 50 CITY Or,PORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM 2016-01 Revised April 27,2016 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2.those drawings of physical conditions in or relating to existing surface and 2 subsurface structures(except Underground Facilities)which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request.Those reports and drawings may not be part of the Contract Documents, 7 but the"technical data"contained therein upon which Bidder is entitled to rely as 8 provided in Paragraph 4.02.of the General Conditions has been identified and 9 established in Paragraph SC 4.02 Supplementary Conditions.Bidder is responsible 10 for any interpretation or conclusion drawn from any"technical data" or any other 11 data,interpretations,opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 14 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means,methods,techniques,sequences or 17 procedures of construction(if any)that may be shown or indicated or expressly required 18 by the Contract Documents,(iii)that Bidder has given Developer written notice of all 19 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 20 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 21 etc.,have not been resolved through the interpretations by City as described in 22 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnishing the 24 Work. 25 26 4.4.The provisions of this Paragraph 4,inclusive, do not apply to Asbestos,Polychlorinated 27 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06 of the General Conditions,unless specifically identified in the Contract 29 Documents. 30 31 5. Availability of Lairds for Work,Etc. 32 33 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 34 access thereto and other lands designated for use by Contractor in performing the Work 35 are identified in the Contract Documents. All additional lands and access thereto 36 required for temporary construction facilities, construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or permanent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 42 5.2.Outstanding right-6f-way, easements,and/or permits to be acquired by the City are listed 43 in Paragraph SC 4.01 of Supplementary Conditions.In the event the necessary right-of---- 44 way, easements, and/or permits are not obtained,the City reserves the right to cancel the 45 award of contract at any time before the Bidder begins any construction work on the 46 project 47 48 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 1 5.3.The Bidder shall be prepared to commence construction without all executed right-of- .2 way,easements, and/or permits,and shall submit a schedule to the City of how 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications I1 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents, 13 Only questions answered by formal written Addenda will be binding Oral and other 14 interpretations or clarifications will be without legal effect. 15 ' 16 Address questions-to: 17 18 City of Fort Worth 19 1000 Throckmorton Street 20 Fort Worth,TX 76102 21 Attn: Quenell Johnson,Transportation and Public Works Department 22 Fax: 817-392-2533 23 Email: Quenell.Johnson@fortworthtexas.gov 24 Phone: 817-•392-8618 25 26 27 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 28 City, 29 30 6.3.Addenda or clarifications may be posted via Buzzsaw at 31 htWs.,//Projectpoint.buzzsasv.coni/for�twor& ov/Infrastr�uettire%20Projects/Street%201ig 32 ht%20on-call%20Contr�actVo20%25231/I3ID%20Documents%20Package?public 33 34 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 35 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 36 Project. Bidders are encouraged to attend and participate in the conference. Citywill 37 transmit to all prospective Bidders of record such Addenda as City considers necessary 38 in response to questions arising at the conference. Oral statements may not be relied 39 upon and will not be binding or legally effective. 40 41 42 43 7. Bid Security 44 45 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 46 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 47 the requirements of Paragraph 5.01 of the General Conditions. 48 CITY OF FORT WORTH On-Calf Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 tip, 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within'10 days after the Notice of Award,City may consider Bidder to be in 4 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 8. Contract Times 10 The number of days within which, or the dates by which,Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or4qual"Items 19 The Contract, if awarded,will be on the basis of materials and equipment described in the 20 Bidding Documents without consideration of possible substitute or"or-equal" items. , 21 Whenever it is indicated or specified in the Bidding Documents that a"substitute"or"or- 22 equal"item of material or equipment may be furnished or used by Contractor if acceptable to 23 City, application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraph 6.05A., 6.05B., and 6.05C. of the General 26 Conditions and is supplemented in Section 0125 00 of the General Requirements. 27 28 11. Subcontractors,Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 31 002031 12-2011 (as amended),the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts.A copy of the Ordinance can be 33 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 34 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 35 Waiver Forza and/or Good Faith Effort Form including documentation and/or Joint 36 Venture Forza as appropriate.The Forms including documentation must be received 37 by the City no later than 2:00 P.M CST, on the second business days after the bid 38 opening date.The Bidder shall obtain a receipt from the City as evidence the 39 documentation was received.Failure to comply shall render the bid as non- 40 responsive. 41 42 43 44 45 12. Bid Form 46 47 12.1. The Bid Form is included with the Bidding Documents;additional copies may be 48 obtained from the City. 49 50 51 CITY On TORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative,and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change," or"Not Applicable"may be entered.Bidder shall state the prices, 6 written in ink in both words and numerals,for which the Bidder proposes to do the i work contemplated or furnish materials required.All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partfi&ships shall be executed in the partnership name and signed by a 17 partner,whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official name and address of the partnership shall be shown 19 below the signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 23 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as allonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number,Project title,the name and address of Bidder,and 47 accompanied by the Bid security, and other required documents.If the Bid is sent through the 48 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 49 with the notation"BID ENCLOSED"on the face of it. 50 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids.After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed inay, at the option of the City,be returned unopened. 10 11 14.2 Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An. 16 abstract of the amounts of the base Bids and major alternates (if any)will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 22 City's sole discretion,?i lease any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum.Discrepancies between words and figures 37 will be resolved in the favors of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 00 21 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers,and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs,maintenance requirements,performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility,qualifications,and financial 12 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4, Contractor shall perform with his own organization,work of a value not less than 17 3 5%of the value embraced on the Contract,unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Blkder whose evaluation by City indicates that the award will be in the 21 best interests bfthe City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,The City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to unbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located 29 17.7. A contract is not awarded until formal City Council authorization.If the Contract is 30 to be awarded, City will award the Contract within 90 days after the day of the Bid 31 opening unless extended in writing.No other act of City or others will constitute 32 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 33 the City. 34 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign-.$ rd deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance,and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTICON CITY OF FORT WORTI4 On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 004511-1 BIDDERS PREQUALWICATIONS Page 1 o£3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid.Any contractor or subcontractor who is 7 not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequali cation process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7)days prior 12 to the date of the opening of bids.For example,a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects.In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements,if any 22 b. A certified copy of the fnm's organizational documents (Corporate Charter, Articles 23 of Incorporation,Articles of Organization,Certificate of Formation,LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address.www.window.state.tx.us/taxperm and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's email address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet.This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification.These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements.Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised July 1,2011 004511-2 BIDDERS PRLQUALIFICATIONS 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 Prequal f cation 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"NIA"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 to Bid 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 On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM 2016-0I Revised July 1,2011 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016.01 Revised July 1,2011 0035 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent(hereinafter also referred to as"you")to a City of Fort Worth (also referred to as"City') procurement are required to complete Conflict of Interest Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form) below pursuant to state law.This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pd O CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Bean Electrical, Inc By: Roy E Bean II 821 E Enon Signature: Everman Texas 76140 Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 2016 On Call Street Light 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook ALH FINAL 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: On-Call Street Light Contractor City Project No.: TPW-TM-2016-01 Units/Sections: Street Lighting 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association,organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving, receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. 'coercive practice"means harming or threatening to harm,directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 2016 On Call Street Light 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook ALH FINAL 0041 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Street Lighting b. C. d. 4. Time of Completion 4.1. Time of completion will be determined on a per work order basis. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form,Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form,Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit,Section 00 35 13 'If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount $672,962.40 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 2016 On Call Street Light 00 410000 43 13 00 42 43_00 43 3700 45 12_00 35 13—Bid Proposal Workbook ALH FINAL 0041 00 BID FORM Page 3 of 3 7. Bid Submittal This Bid is submitted on 8/25/2016 by the entity named below. Respectfully suLtted, ) Receipt is acknowledged of Initial the following Addenda: By: Addendum No. 1: (Signature) Addendum No.2: Addendum No.3: Roy E Bean II Addendum No.4: (Printed Name) Title: President Company: Bean Electrical, Inc Corporate Seal: Address: 821 E Enon Everman Texas 76140 State of Incorporation: Texas Email: cbeanCa)beanelectrical.com Phone: 817 561 7400 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 2016 On Call Street Light 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook ALH FINAL o' o o: o o g po` o 6 6$ o o. o o; o of S o 0 0 8 (oy` g $i $ 0 0 0; Oo o tpo� o . 1 i9 In: Q N N 0. 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O. a T T c c c c c c in m '� (� in 0 c c m m m m m 3 3 L L L L L L L N O Q N N S N L L U J J J J L L N fn N O N N Mn m m — o (a — 'O m ^ E U N N N N m 'E coo@ E r _� a aZ5 m o rn m rn S S 7 7 7 7 7 7 7 m O N N O O N C C C_ _C o 5 cm LL LL LL LL LL LL LL (n QR c Q' Q F- O m U LL F- V7 _� V1 m LL Ll A o0 N M d LO _ N (- O Nm m O O O m m m m m m m m O m m (f) O O O O O r O O O O m m m m m m O m m m m m m m m m m M V <t <t V V V 0 O O O m m m m m m C) m m m m m m m m m m E M M M M M M M M M V V O m m m m m m O m m m m m m m m m m W m m m m m m m m m m m m m m m m r r_ m m m m m m m m m m 10:11),m m m a M M M M M M M co M M M M m m m m m m M m m m m m m m m m =U O NZ M V u) (D r Wo) 0 N M V m O O O O O O r r r r r r .- r N N N N N N l o •. r r r r r r r r r r � oPs �t� CS u 0 ca CD O O cn 'o A- 0 C4 z 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 Texas our principal place of business, are required to be % Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of Texas our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. D BIDDER: - Bean Electrical, Inc By: Roy E Bea)i 821 E Enon (Signature) Everman Texas 76140 Title: President Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 2016 On Call Street Light 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook ALH FINAL 0045 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Street Lighting Bean Electrical, Inc 5/4/2017 0 Company Name Here or space Date Here or space 0 Company Name Here or space Date Here or space 0 Company Name Here or space Date Here or space The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: j Bean Electrical, Inc By: Roy E- an 821 E Enon (Signature) Everman Texas 76140 Title: President I Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 2016 On Call Street Light 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook ALH FINAL 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 City 5 Project No. TPNH TM-2016-01. 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 9 CONTRACTOR: 10 �( r 11 9l /+r✓ � ('eG( i"►.C,`1 By: y �, /� �P Al 12 Company (Ple int) 13 14 Signature: 15 Address 16 17 Fil-e✓ 76 7 o Title: I E ) J, 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the undersigned authority, on this day personally appeared 26 &L4 E ISCO h _P7 ,known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of H E/� ,'�Q/-jn r- for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 32 ,207. 33 34 ��.�`''n'Yp�a,, CNERttE R. ESPREE 35 =:°; ooio,y Pubic. State of Texas yr; . Ct>tt m Fxpiies 02-29-2020 36 ',; Nna,y Ip 1890225 Notary P is in an t State of Texas '•.F a 37 38 END OF SECTION 39 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised July 1,2011 004541-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page I of l 1 SECTION 00 45 41 2 SMALL BUSINESS ENTERPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than$50,000,then the SBE subcontracting goal may 5 be applicable. If the total dollar value of the contract is$50,000 or less,the SBE subcontracting goal 6 is not applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Small 10 Business Enterprises (SBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 SBE PROJECT GOAL 14 The City's SBE goal on this project is 0,%/0 of the total bid(Base bid applies to Parks and Community 15 Services). Note: If both MBE and SBE subcontracting goals are established for this project,then an 16 Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed 17 responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts greater than $50,000 where a SBE subcontracting goal is applied, bidders are 21 required to comply with the intent of the City's Business Diversity Ordinance by one of the 22 following: 23 1. Meet or exceed the above stated SBE goal through SBE subcontracting participation,or 24 2. Meet or exceed the above stated SBE goal through SBE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Waiver documentation. 27 Failure to comply with the City's Business Diversity Ordinance, shall result in the Bid being 28 considered non-responsive.Any questions,please contact the M/WBE Office at(817)392-6104. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION 31 The applicable documents must be received by the Managing Department, within the following 32 times allocated, in order for the entire bid to be considered res onsive to the s eecations. S".s•.,-,r;z•..=.-.,�.a..- xelt<..--,x.-tom,.-n_ --- - - =r.x.>, <.��2--:-.,- aT.p -- - _ `--veci---- :-;,- - 33 asl :l:de ` ertR �E clo'uie'tai i ' . .:ersbtof -y ©.:rete=ems}^ t1o�/.ee:3fIieYi[[ 3�x�:r5_ --_ -_' =amu=gid,-'L�'a-::g�x.--::z:..z "'-__- _cp•—.'3'- --•:.:����Y 1- - _ �^*"-1�'^.J- $.Y _ 34 - e - - - �t7celv'ed:� "e � ..3:.2y_ - ;"J.. "E_`�''�' '.1F':A. ='1^. ''sr+.S'Y�i• _^:�F•.`_ _-_- "'.?J.�i{:f:rt{? -?�•-.r�`;. 35 ciitxzz (oh4 ``tetii <alloclafie.` _;Af'"ecco' ot° a cee ,t 1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid o ening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,ifparticipation is less than the bid opening date,exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm will received by 5:00 p.m., five (5) City business days after perform all subcontrading/su lien work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 36 END OF SECTION CITY OF FORT WORTH On-Call Street Tight Contractor STANDARD CONSTRUCTION SPECIFICATIONS DOCUMENTS TPW-TM 2016-01 Revised July 1,2011 006125-1 CERTIFICATE OF INSURANCE Page i of 1 I SECTION 00 6125 2 CERTIFICATE OF INSURANCE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION CITY Or,FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATIONS DOCUMENTS TPW-TM-2016-01 Revised July 1,2011 005243-1 Agreement Pagel of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on November 8, 2016 is made by and between the City of 4 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 5 Manager, ("City"), and Bean Electrical, Inc., authorized to do business in Texas, acting by and 6 through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 On-Call Street Light Contractor 16 City Project Number: TPW-TM-2016-01 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 Time for final Acceptance will be determined on a per work order basis, and run until the 23 amount of$500,000 not to exceed, has been exhausted. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding, the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fite Dollars ($650.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cir),Project No: TPII'-Tit-2016-01 Revised July 1,2011 005243-2 Agreement Page 2 of 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount not to exceed in current funds of five Hundred Thousand and 00/100 38 DOLLARS ($500,000.00). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents (project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No: TPIV-T11-2016-01 Revised July 1,2011 005243-3 Agreement Page 3 of 4 74 Article 6.INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs,expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees,from and against any and all loss,damage 88 or destruction of property of the city, arising out of,or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act, omission or negligence of the city. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH On-Call Sheet Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Pr•ojecl No:TPSILT11-2016-01 Revised July 1,2011 005243-4 Agreement Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties (`Effective Date"). 127 Contract City of Fort Worth ri' 4- By: — Jesus J Clrapa By: Assistant City Manager 'gnature) Date Attest: ..(� (Printed Name) City ecr to , Q (Seal) }. Title: Address: �' 2 l ,� H/D •✓ a M&C Date: . / OR r j. tDoy'� City/State/Zip: ,� ����.-�� ���Y` Approved as to Form and Legality: f"3 - 2- 7 Date ouglas .Back Assistant City Attorney 128 129 130 APPROVAL RECOMNMNDED: 131 132 \ 133 (� 134 OFFICIAL RECORD Dougla .y Wiersig, P.E. 135 DIRE OR, 136 CITY SECRETARY Transportation &Public Works Department 137 FY.WORTH,TX CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cit),Project No:TP13'-Ti1I2016-01 Revised July 1,2011 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. NamEmploy/ "e of Emplo Y Title R w 006113- 1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 Bond Number: 4409736 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,BEANELECTRICAL INC. known as "Principal" herein and 8 SureTec Insurance Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as"Surety" herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas,known as "City" herein, in the penal sum of, FIVE HUNDRED 12 THOUSAND AND 00/100 Dollars ($SOD,DDD.DD), lawful money of the United States, to be paid 13 in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, 14 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 17 awarded the 8th day of November, 2016, which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 19 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 20 as provided for in said Contract designated as On-Call Street Likht Contractor, City Project 21 Number. TPW-TM 2016 01, Street Light On-Call Contraet Al 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 faithfully 24 perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond,venue shall he in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division. 31 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 32 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 33 accordance with the provisions of said statue. 34 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 35 this instrument by duly authorized agents and officers on this 8th day of November, 2016. CITY OF PORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project rVo:7P114-7ht-30/6-01, St•eetLightOn-Call Contract ldl Revised July 1,2011 0061 13-2 P RMANCE BOND ge2of2 1 PRINCIP 2 Bean ElAL rical, nc 3 4 5 BY: 6 Si e 7 ATTE 8 9 10 (Principal)Secr tary Name and Title 11 12 Address:821 E Enon 13 Fort Worth,TX 76140 14 15 16 Witnes rincipal 17 SURETY. 18 SureTec Ins nc Company 19 20 21 BY: L-- 22 gnature 23 24 Johnny Moss,Attorney-in-Fact 25 Name and Title 26 27 Address: 2255 Ridge Road Suite 333 28 Rockwall TX 75087 29 30 31 V&ness as to Surety Kesha Crites,Account Manager Telephone Number: 972-772-7220 32 33 34 35 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 36 from the by-laws showing that this person has authority to sign such obligation. If 37 Surety's physical address is different from its mailing address, both must be provided. 38 The date of the bond shall not be prior to the date the Contract is awarded. 39 CITY OP FORT WORTH On-Call SireetLight Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMhNTS City Project No:TP01-M-2016-01, Street Light On-CallContraci/H Revised July 1,2011 0061 14-1 PAYMENT BOND Page I of 2 1 SECTION 00 6114 Bond Number: 4409736 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, BEAN ELECTRICAL, INC., known as "Principal" herein, and 8 SureTec Insurance Company , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal I I corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of FIVE HUNDRED THOUSAND AND 00/I00 Dollars ( , lawful 13 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of 14 which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, 15 successors and assigns,jointly and severally, firmly by these presents: 16 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 17 8th day of November,2016,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 as defined by law,in the prosecution of the Work as provided for in said Contract and 20 designated as Ora-Call Street Light Contractor, City Project Number: TPW-TM-2016-01,Street 21 Liglzt On-Call Contract#1; NOW,THEREFORE,THE CONDITION OF THIS 22 OBLIGATION is such that if Principal shall pay all monies owing to any(and all)payment bond 23 beneficiary(as defined in Chapter 2253 of the Texas Government Code,as amended) in the 24 prosecution of the Work under the Contract,then this obligation shall be and become null and 25 void; otherwise to remain in full force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. 29 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cite Project No:TPGY-TM-2016-01,Street Light On-Call Conh'act#1 Revised July 1,2011 006114-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 8th day of November,201.6. 3 PRINCIP Bean E ctrical, c A EST: B atu z (Priv ' al)S retary N e and Title Address: 821 E Enon Fort Worth TX 76140 1 Witness a t Principal SURETY: SureTec Insu n Company ATTEST: BY: Sign re Johnny Moss,Attorney-in-Fact (Surety) Secretary Name and Title Address: 2255 Ridge Road Suite 333 Rockwall,TX 75087 )kitness as to Surety Kesha Crites,Account Manager Telephone Number: 972-772-7220 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different fi•om its mailing address,both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CITY OF FORT WORTA On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No:TP6V--lilt 2016-01,Street Light On-Cal!Contract P. Revised July I,2011 006119- 1 MAINTENANCE BOND Page I of 3 1 SECTION 00 6119 Bond Number: 4409736 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we BEAN ELECTRICAL INC. known as "Principal" herein and 9 SureTec Insurance Company , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas,known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of FIVE 13 HUNDRED THOUSAND AND 00/100 Dollars (5500,000.00 lawful money of the United 14 States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly 15 be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, 16 successors and assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded the 19 8th day of November, 2016,which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 21 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 22 authorized Change Order (collectively herein, the"Work") as provided for in said contract and 23 designated as On-Call Street Light Contractor, City Project Number: TPW-TM-2016-01, Street 24 Light On-Call Contract #1;and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2)years 29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CityProjecl No:TP6YTiVf-2016-01, StreetLiglitOn-Call Contract Revised July 1,2011 006119-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond,venue shall He in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No:TP1I!Tkf-2016-01, Street Light On-Call Contract#1 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN NWTNE,SS Vn-E MEO F, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 8th day of November,2016. 3 4 PRINCIPAL: 5 Bean Vectrical I 6 7 8 B . 9 1 e 10 ATM 11 �`j(v/, 12 �.[ ✓ _. 13 (Principal)Secre 'y Name and Title 14 15 Address: 821 E Enon 16 Fort Worth,TX 76140 _ 17 18 19 Witness A th Principal 20 U SURETY- 21 SureTec Insuyaqce Company ` 22 23 J 24 BY: 25 7gnature 26 27 Johnny Moss,Attorney-in-Fact 28 ATTEST: Name and Title I 29 30 Address: 2255 Ridge Road Suite 333 31 (Surety)Secretary Rockwall,TX 75087 32 33 34 )Witness as to SuretyKesha Crites,Account Manager Telephone Number: 972-772-7220 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 (1) CITY OF FORT WORTH On-Call Streel Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUME[1TS City Project rVo:TPII'-TM-2016-01,Street Ligl:t On-Call Contract#I Revised July 1,2011 POA#: 4221049 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Tony Fierro,Jay Jordan,Johnny Moss, Steven W.Searcey,Robert J.Shuya, Mistie Beck,Jeremy Barnett, Robert G.Kanuth,Jade Porter,Jennifer Cisneros its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 05/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 204 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of August A.D. 2015 �y�iAnt�F. SURETEC INSURANCE COMPANY 3' By: By. - w' w j n John I nfox Jr: resident �. co State of Texas ss: 7s+., County of Harris '"...... s On this 3rd day of August,A.D. 2015 before me personally came John Knox Jr.,to me known,who,being by me duly swam,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. „�vPua JACQUELYN MALDONADO Notary Public State o1 Texas My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of (^ , a O«P A.D. M.Bre t Beaty,Assistant 5et.;$tart' Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/3/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Natasha Hart NAME: FAX K&S Insurance Agency a/CNNo Ext: 1972)772-7256 (A/C. /C No:(972)771-4695 2255 Ridge Road, Ste. 333 ADDRIESS:nhartQkandsins.com P. 0. Box 277 INSURERS AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURERA:The Cincinnati Insurance Co. 10677 INSURED INSURERB:Texas Mutual Insurance Co. 22945 Bean Electrical, Inc INSURER C:Federal Insurance Company 20281 P.O. Box 40016 INSURERD:Torus National Insurance Company INSURER E: Fort Worth TX 76140 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/DDPOLICY EFF POLICY EXP LTR /YYYY MM/DNYYY LIMITS _ X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE OCCUR PREMISES(Ea occu DAMAGE TO RENTED nce) $ 500,000 ENP0332927 6/15/2016 6/15/2017 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 JECT POLICY PRO- LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED EBA0332927 6/15/2016 6/15/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per acc dent $ PIP-Basic $ 5,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE ENP0332927 6/15/2016 6/15/2017 AGGREGATE $ 51000,000 DED I RETENTION$ $ WORKERS COMPENSATION }[ AND EMPLOYERS'LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 0001239148 6/15/2016 6/15/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICEER EXCLUDED? N/A B (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 in If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Contractors Equipment 45467826 6/15/2016 6/15/2017 Leased/Rented Equipment $200,000 D Excess Liability 7107OP161ALI 6/15/2016 6/15/2017 Each Occurence/Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: #TPW-TM-2016-01 202016 On-Call Street Light Contractor. See Attached Page CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102-6314 AUTHORIZED REPRESENTATIVE Johnny Moss/HART ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(901401) COMMENTS/REMARKS Additional Insured & Waiver of Suborgation Form #GA233 02/07 Applies to the General Liability Policy. Primary & Non-Contributory Form #GA233 02/07 Applies to General Liability Policy. Additional Insured Form #AA4171 11/05 Applies to the Business Auto Policy. Waiver of Subrogation Form #AA4172 09/09 Applies to the Business Auto Policy. Waiver of Subrogation Form #WC420304B 06/14 Applies to the Workers Compensation Policy. *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS & EXCLUSIONS. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Policy Number: ENP0332927 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.................................................................................................2 2. Unintentional Failure to Disclose Hazards.........................................................................................7 3. Damage to Premises Rented to You.................................................................................................8 4. Supplementary Payments..................................................................................................................9 5. Medical Payments..............................................................................................................................9 6. Voluntary Property Damage(Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.).......................................................................................................9 7. 180 Day Coverage for Newly Formed or Acquired Organizations...................................................10 8. Waiver of Subrogation.....................................................................................................................10 9. Automatic Additional Insured-Specified Relationships: ...............................................................10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits; and • Contractors' Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment......................................................................................14 12. Employees as Insureds-Specified Health Care Services: ...........................................................14 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence....................................................................................................14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage(Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody or Control TOTAL ANNUAL PREMIUM 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the appli- cable limit of insurance 1. Employee Benefit Liability Coverage in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act, er- ror or omission of the in- (b) This insurance applies to damages only if the act, sured, or of any other per- - son for whose acts the in- or omission, is negLi- ge sured is legally liable, to gently committed in the which this insurance ap- administration of your "employee benefit pro- plies. We will have the right and duty to defend the in- sured against any "suit' 1) Occurs during the pol- seeking those damages. icy period;or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit' when any "author- 2) Our right and duty to ized representa- defend ends when we tive"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any ance. workers' compensation, un- employment compensation (2) Exclusions insurance, social security or disability benefits law or any This insurance does not apply similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of li- ability imposed on a fiduci- Y injury", "property Y ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits are committed by any insured, available, with reasonable including the willful or reck- effort and cooperation of the less violation of any statute. insured, from the applicable (c) Failure to Perform a Con- funds accrued or other col- tract lectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to (j) Employment-Related meet any obligations under any plan included in the Practices "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1 Failure of an invest- evaluation, reassign- ) Y ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 ment related practices, (e) A trust, you are an insured. acts or omissions; or Your trustees are also in- 4 Consequential liability in- sureds, but only with re- ( ) q ty spect to their duties as trus- as a result of(1), (2) or tees. (3)above. This exclusion applies (2) Each of the following is also an pp insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authoriza- (3) Supplementary Payments tion to administer your "em- ployee benefit program" if SUPPLEMENTARY PAY- you die, but only until your MENTS -COVERAGES A AND legal representative is ap- B also apply to this Coverage. pointed. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION 11 -WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the Dec- larations as: (3) Any organization you newly ac- quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the con- which you maintain ownership or duct of a business of which majority interest, will qualify as a you are the sole owner. Named Insured if no other simi- lar insurance applies to that or- b) A partnership or joint ven- ganization. However, coverage ture, you are an insured. under this provision: Your members, your part- ners, and their spouses are (a) Is afforded only until the also insureds but only with 180th day after you acquire respect to the conduct of or form the organization or your business. the end of the policy period, (c) A limited liability company, whichever is earlier; and you are an insured. Your (b) Does not apply to any act, members are also insureds, error or omission that was but only with respect to the committed before you ac- conduct of your business. quired or formed the organi- Your managers are insur- zation. eds, but only with respect to their duties as your manag- c. Limits of Insurance ers. As respects Employee Benefit Liabil- (d) An organization other than a ity Coverage, SECTION III - LIMITS partnership,joint venture or OF INSURANCE is deleted in its en- limited liability company, tirety and replaced by the following: you are an insured. Your (1) The Limits of Insurance shown "executive officers" and di- in Section B. Limits of Insur- rectors are insureds, but ance, 1. Employee Benefit Li- only with respect to their du- ability Coverage and the rules ties as your officers or direc- below fix the most we will pay tors. Your stockholders are regardless of the number of: also insureds, but only with respect to their liability as (a) Insureds; stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages sus- (c) Persons or organizations tained by any one "em- making claims or bringing ployee", including such"em- "suits"; ployee's" dependents and (d) Acts,errors or omissions; or beneficiaries, because of all acts, errors or omissions to (e) Benefits included in your which this insurance ap- "employee benefit pro- plies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured damages because of acts, errors against any suits" or omissions negligently commit- seeking those dam- ted in the "administration" of ages; and your "employee benefit pro- 2) Your duties, and the gram". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B.Limits omission,or claim, of Insurance, 1. Employee apply irrespective of the ap- Benefit Liability Coverage of plication of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of claim or"suit"and, upon no- tification of the action taken, (a) An act, error or omission; or you shall promptly reim- (b) A series of related acts, er- burse us for such part of the rors or omissions, regard- deductible amount as we less of the amount of time have paid. that lapses between such d. Additional Conditions acts, errors or omissions, As respects Employee Benefit Li- negligently committed in the ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as fol- However, the amount paid under lows: this endorsement shall not ex- (1) Item 2. Duties in the Event of ceed, and will be subject to the Occurrence, Offense, Claim or limits and restrictions that apply Suit is deleted in its entirety and to the payment of benefits in any replaced by the following: plan included in the "employee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit a. You must see to it that we are noti- (a) Our obligation to pay dam- fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred;and Each Employee. The limits of insurance shall not be re- (2) The names and addresses of duced by the amount of this anyone who may suffer dam- deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. If a claim is made or"suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this 2 Notify us as soon as practicable. method also. Under ( ) fy p this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit"as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers received mit contribution by in connection with the claim or equal shares, we will "suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is en- insured because of an act, error titled to recovery under or omission to which this insur- any other insurance in ance may also apply. force previous to the ef- d. No insured will, except at that in- fective date of this sured's own cost, voluntarily make a Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added: If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs"; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams'; or other insurance by the method described in b. d. Effecting, continuing or terminating any "em- below. ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab- a. Handling payroll sence programs, in- tions; or cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transporta- coverage of insurance, tion and health club including but not limited subsidies. to unemployment in- (2) The following definitions are de- surance, social security leted in their entirety and re- benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit' means a civil pro- ceeding in which money 2. "Cafeteria p damages because of an act, plan authorized by applica- error or omission to which ble law to allow "employ- this insurance applies are ees to elect to pay for cer- alleged. "Suit' includes: tain benefits with pre-tax dollars. a. An arbitration proceed- ing in which such dam- 3. "Employee benefit pro- ages are claimed and grams" means a program to which the insured providing some or all of the must submit or does following benefits to "em- submit with our con- ployees", whether provided sent; through a "cafeteria plan"or otherwise: b. Any other alternative a. Grouplife insurance; dispute resolution pro- ceeding in which such group accident or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent;or spending accounts; provided that no one c. An appeal of a civil pro- other than an "em- ceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave of those "employees"who absence or disabled, or re- satisfy the plan's eligi- tired. "Employee" includes bility requirements; a "leased worker". "Em- ployee" does not include a b. Profit sharing plans, "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV-COMMERCIAL GENERAL subscription plans, pro- LIABILITY CONDITIONS, 7. Represen- vided that no one other tations is hereby amended by the addi- than an "employee" tion of the following: may subscribe to such benefits and such Based on our dependence upon your rep- benefits are made gen- resentations as to existing hazards, if un- erally available to all intentionally you should fail to disclose all "employees" who are such hazards at the inception date of your eligible under the plan policy, we will not reject coverage under for such benefits; this Coverage Part based solely on such c. Unemployment insur- failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You f) Nesting or infesta- tion, or discharge a. The last Subparagraph g p or release of 2. SECTION I - COVERAGES, waste products or COVERAGE A. - BODILY INJURY secretions, by in- AND PROPERTY DAMAGE, 2. LI- sects, birds, ro- ABILITY Exclusions is hereby de- dents or other leted and replaced by the following: animals. Exclusions c.through q.do not apply (b) Loss caused directly or indi- to damage by fire, explosion, light- rectly by any of the follow- ning, smoke or soot to premises ing: while rented to you or temporarily oc- cupied by you with permission of the 1) Earthquake, volcanic owner. eruption, landslide or any other earth move- b. The insurance provided under SEC- ment; TION I -COVERAGES, COVERAGE A. BODILY INJURY AND PROP- 2) Water that backs up or ERTY DAMAGE LIABILITY applies overflows from a sewer, to 'property damage" arising out of drain or sump; water damage to premises that are both rented to and occupied by you. 3) Water under the ground surface pressing on, or (1) As respects Water Damage Le- flowing or seeping gal Liability, as provided in through: Paragraph 3.b.above: a) Foundations, The exclusions under SECTION walls, floors or - COVERAGES, COVERAGE paved surfaces; A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- b) Basements, ITY, 2. Exclusions, other than L whether paved or War and the Nuclear Energy not; or Liability Exclusion, are deleted and the following are added: c) Doors, windows or other openings. This insurance does not apply (c) Loss caused by or resulting to: from water that leaks or (a) "Property damage": flows from plumbing, heat- ing, air conditioning, or fire 1) Assumed in any con- protection systems caused tract;or by or resulting from freez- 2) Loss caused by or re- ing, unless: sulting from any of the 1) You did your best to following: maintain heat in the a) Wear and tear; building or structure;or b Rust, corrosion, 2) You drained the equipment and shut off fungus, decay, de- the water supply if the terioration, hidden pp y or latent defect or heat was not main- any quality in tained. property that (d) Loss to or damage to: causes it to dam- age or destroy it- 1) Plumbing, heating, air self; conditioning, fire pro- tection systems, or C) Smog; other equipment or ap- d) Mechanical break pliances; or down including 2) The interior of any rupture or bursting building or structure, or caused by cen- to personal property in trifugal force, the building or structure Settling, cracking, caused by or resulting e g, g, from rain, snow, sleet shrinking or ex- or ice, whether driven pansion;or by wind or not. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 8 of 15 c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for "property damage" to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured; or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of"prop- erty damage" to premises With your consent, we will make while rented to you or tem- these payments regardless of fault. porarily occupied by you with permission of the b. Care, Custody or Control Liability owner, arising out of any Coverage one "occurrence" to which SECTION I - COVERAGES, COV- this insurance applies. ERAGE A. BODILY INJURY AND (3) The amount we will pay is lim- PROPERTY DAMAGE LIABILITY, ited as described in Section B. 2. Exclusions, j. Damage to Prop- Limits of Insurance, 3. Dam- erty, Subparagraphs (3), (4) and (5) age to Premises Rented to do not apply to"property damage"to You of this endorsement. the property of others described therein. 4. Supplementary Payments With respell to the insurance provided by Under SECTION I - COVERAGE, SUP- this section of the endorsement, the fol- PLEMENTARY PAYMENTS - COVER- lowing additional provisions apply: AGES A AND B: a. The Limits of Insurance shown in the a. Paragraph 2. is replaced by the fol- Declarations are replaced by the lim- lowing: its designated in Section B. Limits of Up to the limit shown in Section B. Insurance, 6. Voluntary Property Limits of Insurance, 4.a. Bail Bonds Damage and Care, Custody or of this endorsement for cost of bail Control Liability Coverage of this bonds required because of accidents endorsement with respect to cover- or traffic law violations arising out of age provided by this endorsement. the use of any vehicle to which the These limits are inclusive of and not Bodily Injury Liability Coverage ap- in addition to the limits being re- plies. We do not have to furnish placed. The Limits of Insurance these bonds. shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- b. Paragraph 4. is replaced by the fol- age and Care, Custody or Control lowing: Liability Coverage of this endorse- ment fix the most we will pay in any All reasonable expenses incurred by one "occurrence" regardless of the the insured at our request to assist number of: us in the investigation or defense of 1 the claim or "suit", including actual ( ) Insureds; loss of earnings up to the limit shown (2) Claims made or "suits" brought; in Section B. Limits of Insurance, or 4.b. Loss of Earnings of this en- dorsement per day because of time (3) Persons or organizations making off from work. claims or bringing"suits". 5. Medical Payments b. Deductible Clause The Medical Expense Limit of Any One (1) Our obligation to pay damages Person as stated in the Declarations is on your behalf applies only to amended to the limit shown in Section B. the amount of damages for each "occurrence" which are in ex- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 9 of 15 cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) be- Insurance, 6. Voluntary Prop- low (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such deductible amount. (a) A written contract or agree- ment; or (2) Condition 2. Duties in the Event of Occurrence, Offense, (b) An oral agreement or con- Claim or Suit, applies to each tract where a certificate of claim or"suit" irrespective of the insurance showing that per- amount. son or organization as an additional insured has been (3) We may pay any part or all of issued, the deductible amount to effect settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- (a) The written or oral contract tion taken, you shall promptly re- or agreement is: imburse us for such part of the deductible amount as has been 1) Currently in effect or paid by us. becomes effective dur- 7. 180 Day Coverage for Newly Formed or ing the policy period; and Acquired Organizations SECTION II - WHO IS AN INSURED is 2) Executed prior an amended as follows: occurrenceor offense to which this insurance Subparagraph a. of Paragraph 4. is would apply;and hereby deleted and replaced by the fol- (b) They are not specifically lowing: named as an additional in- a. Insurance under this provision is af- sured under any other pro- forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; (2) Only the following persons or 8. Waiver of Subrogation organizations are additional in- sureds under this endorsement, SECTION IV-COMMERCIAL GENERAL and insurance coverage pro- LIABILITY CONDITIONS, 9. Transfer of vided to such additional insureds Rights of Recovery Against Others to is limited as provided herein: Us is hereby amended by the addition of the following: (a) The manager or lessor of a premises leased to you with We waive any right of recovery we may whom you have agreed per have because of payments we make for Paragraph 9.a.(1) above to injury or damage arising out of your ongo- provide insurance, but only ing operations or "your work" done under with respect to liability aris- a written contract requiring such waiver ing out of the ownership, with that person or organization and in- maintenance or use of that cluded in the "products-completed opera- part of a premises leased to tions hazard". However, our rights may you, subject to the following only be waived prior to the "occurrence" additional exclusions: giving rise to the injury or damage for which we make payment under this Cov- This insurance does not ap- erage Part. The insured must do nothing ply to: after a loss to impair our rights. At our 1) Any"occurrence"which request, the insured will bring suit or takes place after you transfer those rights to us and help us en- cease to be a tenant in force those rights. that premises. 9. Automatic Additional Insured - Speci- 2) Structural alterations, fied Relationships new construction or a. The following is hereby added to demolition operations SECTION II-WHO IS AN INSURED: performed by or on be- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15 half of such additional solely for the pur- insured. pose of inspection, demonstration, b Any person or organization testing, or the from which you lease substitution of equipment with whom you parts under in- have agreed per Paragraph structions from the 9.a.(1) above to provide in- manufacturer, and surance. Such person(s) or then repackaged organization(s) are insureds in the original con- solely with respect to their tainer; liability arising out of the maintenance, operation or e) Any failure to use by you of equipment make such inspec- leased to you by such per- tions, adjustments, son(s) or organizations(s). tests or servicing However, this insurance as the vendor has does not apply to any "oc- agreed to make or currence"which takes place normally under- after the equipment lease takes to make in expires. the usual course person or organization of business, in (c) Any p g connection with (referred to below as ven- the distribution or dor) with whom you have sale of the prod- agreed per Paragraph ucts; 9.a.(1) above to provide in- surance, but only with re- f) Demonstration, in- spect to "bodily injury" or stallation, servic- "property damage" arising ing or repair op- out of"your products"which erations, except are distributed or sold in the such operations regular course of the ven- performed at the dor's business, subject to vendor's premises the following additional ex- in connection with clusions: the sale of the 1) The insurance afforded product; the vendor does not g) Products which, apply to: after distribution or "Bodilyinjury" or sale by you, have a 1 Y been labeled or re- "property damage" labeled or used as for which the ven- a container, part or dor is obligated to ingredient of any pay damages by other thing or sub- reason of the as- stance by or for sumption of liabil- the vendor. ity in a contract or agreement. This 2) This insurance does exclusion does not not apply to any in- apply to liability for sured person or organi- damages that the zation: vendor would have in the absence of a) From whom you the contract or have acquired agreement; such products, or any ingredient, b) Any express war- part or container, ranty unauthorized entering into, ac- by you; companying or An physical or containing such c Y p Y products; or chemical change in the product b) When liability in- made intentionally cluded within the by the vendor; "products- Repackaging, completed opera- d) tions hazard has unless unpacked Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1)above spect to such to provide insurance, but products. only with respect to liability d An state or political subdi- arising out of "your work" ( ) Y p performed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- 9.a.(1) above to provide in- zation's status as an insured surance, subject to the fol- under this provision of this lowing additional provision: endorsement continues for This insurance applies only only the period of time re- with respect to the following quired by the written con- hazards for which the state tract or agreement, but in no or political subdivision has event beyond the expiration issued a permit in connec- date of this Coverage Part. tion with premises you own, If there is no written contract rent or control and to which or agreement, or if no pe- this insurance applies: riod of time is required by the written contract or 1) The existence, mainte- agreement, a person or or- nance, repair, construc- ganization's status as an in- tion, erection, or re- sured under this endorse- moval of advertising ment ends when your op- signs, awnings, cano- erations for that insured are pies, cellar entrances, completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decorations (a) Subparagraphs (e) and (f) and similar exposures; does not apply to "bodily in- or jury" or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e)and (f)does not apply to elevators covered by bodily injury", property damage" or "personal and this insurance. advertising injury', arising (e) Any state or political subdi- out of the sole negligence or vision with which you have willful misconduct of the ad- agreed per Paragraph ditional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of. political subdivision has issued a permit. 1) Defects in design fur- nished by or on behalf 2) This insurance does of the additional in- not apply to "bodily in- sured; or jury", "property dam- 2) The rendering of, or age" or "personal and advertising injury" aris- failure render, any ing out of operations professional architec- perforrned for the state sural, engineering or or political subdivision. surveying services, in- cluding: Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. and specifications; Other Insurance, b. and Excess Insurance; or b) Supervisory, in- 2) For any other valid and spection, architec- collectible insurance tural or engineer- available to the addi- ing activities. tional insured as an additional insured by 3) "Your work" for which a attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorsement in which you are in- shall also be excess. volved. (2) Condition 11. Conformance to b. Only with regard to insurance pro- Specific Written Contract or vided to an additional insured desig- Agreement is hereby added: nated under Paragraph 9.a.(2) Sub- paragraph Specific (f) above, SECTION III - Written Contract or LIMITS OF INSURANCE is amended to include: Agreement The limits applicable to the additional With respect to additional insured are those specified in the insureds described in Para- written contract or agreement or in graph 9.a.(2)(f)above only: the Declarations of this Coverage If a written contract or Part, whichever are less. If no limits agreement between you are specified in the written contract or and the additional insured agreement, or if there is no written specifies that coverage for contract or agreement, the limits ap- the additional insured: plicable to the additional insured are those specified in the Declarations of a. Be provided by the In- this Coverage Part. The limits of in- surance Services Office surance are inclusive of and not in additional insured form addition to the limits of insurance number CG 20 10 or shown in the Declarations. CG 20 37 (where edi- c. SECTION IV -COMMERCIAL GEN- tion specified); or ERAL LIABILITY CONDITIONS is b. Include coverage for hereby amended as follows: completed operations; (1) Condition 5. Other Insurance is or amended to include: c. Include coverage for (a) Where required by a written "your work"; contract or agreement, this and where the limits or cov- insurance is primary and / erage provided to the addi- or noncontributory as re- tional insured is more re- spects any other insurance strictive than was specifi- policy issued to the addi- cally required in that written tional insured, and such contract or agreement, the other insurance policy shall terms of Paragraphs be excess and / or noncon- 9.a.(3)(a), 9.a.(3)(b) or 9.b. tributing, whichever applies, above, or any combination with this insurance. thereof, shall be interpreted (b) Any insurance provided by as providing the limits or this endorsement shall be coverage required by the terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 or agreement, but only to (c) Persons or organizations the extent that such limits or making claims or bring coverage is included within "suits". the terms of the Coverage Part to which this endorse- (2) Deductible Clause ment is attached. If, how- (a) Our obligation to pay dam- ever, the written contract or ages on your behalf applies agreement specifies the In- only to the amount of dam- surance Services Office ad- ages for each "occurrence" ditional insured form num- which are in excess of the ber CG 20 10 but does not Deductible amount stated in specify which edition, or Section B. Limits of Insur- specifies an edition that ance, 11. of this endorse- does not exist, Paragraphs ment. The limits of insur- 9.a.(3)(a) and 9.a.(3)(b) of ance will not be reduced by this endorsement shall not the application of such De- apply and Paragraph 9.b. of ductible amount. this endorsement shall ap- ply. (b) Condition 2. Duties in the 10. Broadened Contractual Liability-Work Event of Occurrence, Of- Within 50' of Railroad Property fense, Claim or Suit, ap- plies to each claim or "suit" It is hereby agreed that Paragraph f.(1)of irrespective of the amount. Definition 12. "Insured contract" (SEC- (c) We may pay any part or all TION V-DEFINITIONS) is deleted. of the deductible amount to 11. Property Damage to Borrowed Equip- effect settlement of any ment claim or"suit"and, upon no- tification of the action taken, a. The following is hereby added to Ex- you shall promptly reim- clusion j. Damage to Property of burse us for such part of the Paragraph 2., Exclusions of SEC- deductible amount as has TION I -COVERAGES, COVERAGE been paid by us. A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Employees 12. as Insureds - Specified Health Care Services Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- Y g ment loaned to you, provided they 2.a.(1)(d) of SECTION 11 - WHO IS AN are not being used to perform opera- INSURED, does not apply to your "em- tions at the time of loss. ployees" who provide professional health care services on your behalf as duly li- b. With respect to the insurance pro- censed: vided by this section of the endorse- ment, the following additional provi- a. Nurses; sions apply: b. Emergency Medical Technicians; or (1) The Limits of insurance shown in c. Paramedics, the Declarations are replaced by the limits designated in Section in the jurisdiction where an "occurrence" B. Limits of Insurance, 11. of or offense to which this insurance applies this endorsement with respect to takes place. coverage provided by this en- dorsement. These limits are in- 13. Broadened Notice of Occurrence clusive of and not in addition to Paragraph a. of Condition 2. Duties in the limits being replaced. The the Event of Occurrence, Offense, Limits of Insurance shown in Claim or Suit(SECTION IV-COMMER- Section B. Limits of Insurance, CIAL GENERAL LIABILITY CONDI- 11. of this endorsement fix the TIONS) is hereby deleted and replaced most we will pay in any one "oc- by the following: currence regardless of the number of: a. You must see to it that we are noti- (a) Insureds; fied as soon as practicable of an"oc- currenceor an offense which may (b) Claims made or "suits" result in a claim. To the extent pos- brought;or sible, notice should include: (1) How, when and where the "oc- currence"or offense took place; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15 (2) The names and addresses of This requirement applies only when any injured persons and wit- the 'occurrence" or offense is known nesses; and to an"authorized representative". (3) The nature and location of any injury or damage arising out of the"occurrence" or offense. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 15 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 6/15/2016 EBA0332927 Named Insured: Bean Electrical, Inc. Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury"or"property damage". AA 4171 11 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATIONU This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 06/15/2016 EBA0332927 Named Insured: Bean Electrical, Inc. Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or SECTION IV - BUSINESS AUTO CONDI- '.property damage"arising out of the operation of a covered "auto" when you have assumed TIONS, A. Loss Conditions, 5. Transfer of liability for such "bodily injury" or "property Rights of Recovery Against Others to Us is damage" under an "insured contract", pro- amended by the addition of the following: vided the "bodily injury" or "property damage" We waive any right of recovery we may have occurs subsequent to the execution of the"in- against any person or organization because sured contract". AA 4172 09 09