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Contract 53686
L THIS COPY IS FOR: CONTRACTOR CITY SECRETARY PROJECT MANAGER CITY SECRETARY PMD FILE COPY THE CITY OF FORT WORTH, TEXAS OF REPLACEMENT - RICHARDSON BASS BUILDING - WRMC PMD2019-08 CITY PROJECT # 101203 FORTWORTU. BETSY PRICE DAVID COOKE MAYOR CITY MANAGER Steve Cooke Director, Property Management Department Michael Crum Director, Public Events Department ROOFTECH TRUMBLE CONSTRUCTION, INC., dba RBT CONSTRUCTION March 2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Instruction to Offerors age i o ,,,, City of Fort Worth-RB Roof Replacement(March 2020) City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, March 3, 2020 REFERENCE NO.: M&C 20-0129 LOG NAME: 21WRMC RICHARDSON BASS ROOF REPLACEMENT SUBJECT: Authorize Execution of a Construction Contract with Trumble Construction, Inc., in an Amount Not to Exceed $3,398,628.00, for the WRMC Richardson Bass Roof Replacement North Project, for a Total Anticipated Project Cost of$3,900,000.00, and update the FY2020-2024 Capital Improvement Plan and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt appropriation ordinance increasing receipts appropriations in the Public Events Capital Fund WRMC Richardson Bass Roof Replacement North project (City Project No. 101203) in the amount of$1,300,000.00 from available funds; 2.Adopt appropriation ordinance adjusting receipts and appropriations in the Public Events Capital Fund by decreasing receipts and appropriations in the Richardson Bass Roof Replacement project(City Project No. 101739) in the amount of$1,600,000.00 and increasing receipts and appropriations in the WRMC Richardson Bass Roof Replacement North project by the same amount, thereby consolidating project appropriations as listed in the Public Events Department FY2018- FY2022 Five-Year Capital Plan; and 3.Authorize the execution of a construction contract with Trumble Construction, Inc., in an amount not to exceed $3,398,628.00, including the Owner's Construction Allowance, for the WRMC Richardson Bass Roof Replacement North project, for a total anticipated project cost of$3,900,000.00. DISCUSSION: This construction contract will provide roof replacement for the 215,000 square foot Richardson-Bass Building located at 1591 Rip Johnson Drive, on the Will Rogers Memorial Center campus. The design was completed by The Chadwell Group, LP d/b/a ROOFTECH. (M&C C-29158). The City issued a Request for Proposals and received five responses for the project from general contractors. Trumble Construction, Inc. proposed the lowest price and was the only firm of these five to provide the required Post Proposal-Pre Award Submittals to be further evaluated by the City. The proposals were reviewed by members of the Public Events Department, Office of Business Diversity and the Property Management Department and were evaluated for completeness, compliance with the MWBE requirements and references were checked. The selection team met with Trumble Construction, Inc. and verified scope and schedule. Based on this review and interview, the selection team recommends award of the construction contract to Trumble Construction, Inc. The overall project costs are expected to be as described in the table below: PROJECT COSTS TOTALS Architectural & Engineering Design $113,600.00 Construction Contract (Including Owner's Construction Allowance) $3,398,628.00 $387,772.00 .. .. Project Administration Cost: Project Management, Materials Testing, Contingency, etc. PROJECT TOTAL $3,900,000.00 Permit Fees: In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived. Funding: Funding actions herein (this M&C) are a combination of Phase I and Phase II catching up to each other due to unexpected delays prompting the designs for Phase I, li and III for construction to be .. completed at the same time. With completed designs in place the bidding process utilized alternates to the base bid for Phases II and III. The additional funding provided in the attached appropriation ordinance was included in the FY2020-2024 Public Events Department(PED) Capital Improvement Plan (CIP)for year 2021. Accelerated funding is needed for this project due to cost savings associated with awarding a combined contract for all three phases. Also, this project timing coincides with other construction activities within the building. The 2018, phase 1 Roof Replacement, which was funded in the 2018 CIP (City Project No. 101203)was delayed while the Property Management Department solicited and negotiated a contract with ROOFTECH (City Secretary Contract 52932), for city-wide roof repair and replacement consultation. While writing specifications for 2019 CIP, Phase 2 roof replacement(City Project No. 101739), staff decided to attach the 2021 CIP, Phase 3 Roof Replacement as an alternate to the bid, to see if there was value in performing all three projects at one time. A cost savings is achieved by awarding the base contract with the alternates included at this point rather than bidding Phase III separately next year. This action will update the FY2020-2024 CIP. Office of Business Diversety: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the OBD, in accordance with the MWBE or BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. The Richardson-Bass Building and the Will Rogers Memorial Center is located in COUNCIL DISTRICT 9. _ FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the capital budget of the Public Events Capital Fund WRMC Richardson Bass Roof Replacement North project. Prior to an expenditure being incurred, the Public Events Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO Funj Department ccoun Project JProgram ctivit Budget Reference# moun 1l ID ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram ctivit Budget Reference# lAmount ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Kevin Gunn (2015) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Brian Glass (8088) ATTACHMENTS .. 1. 1295 WRMC Rich Bass.pdf (CM Internal) 2. 21 WRMC RICHARDSON BASS ROOF REPLACEMENT 30205 A020.docx (Public) .. 3. 21 WRMC Richardson Bass Roof Replacement FID TABLE Corrected.xlsx (CFW lntemal) 4. SAM Trumble Construciton Inc.pdf (CFW Internal) 5. Signed Waiver-WRMC Richardson Bass Roof Replacement.pdf (CFW Internal) 6. Verification AvailableFunds 101203.docx (CFW Internal) " 7. WRMC Richardson Bass.pdf (CFW Internal) WRMC r RICHARDSON BASS ROOF REPLACEMENT LANCASTER Y WILL°ROGERS �y +t } s (n x, 1. 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U. n a) . LL o / ) / Cl) C � � W > R ° w m > g § O � / > � 04 222k 2 � > � w c Ec « aaaa )M oz RR U. \ � & g = = � 22� \ � � � w � § \� �kkkkk� = oR C)o . 2 § ««««««« Q -) w 9 w m § / a / ® / IL ca m a) O R 04 w 0 { k / Lo 0 2 � k k « @ ■ ff li § ka a t w . . » o ƒ ƒ m 2 2 2 F0RTWORT H CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 5 RICHARDSON BASS ROOF REPLACEMENT Request for Proposals Submittal Date: December 12, 2019 (NO CHANGE) 1. Please note Additional clarifications, both in specifications and drawings. STEVE COOKE R DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: �zm�. Ronnie Clements Project Manager 817-392-8014, FAX 817-39278488 RELEASE DATE: December 11, 2019 Richardson Bass Roof Replacement Page 1 of 1 Addendum No.5 ORTWORTKO CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 4 RICHARDSON BASS ROOF REPLACEMENT Request for Proposals Submittal Date; December 12, 2019 (CHANGED) 1. Please note REVISED BID DATE. k STEPHEN COOKE DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: �Y ' \ x!', Ronnie Clements Project Manager 817-392-8014, FAX 817-392-8488 RELEASE DATE: December 3, 2019 Richardson Bass Roof Replacement Page 1 of 1 Addendum No.4 FORT WORT CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 3 RICHARDSON BASS ROOF REPLACEMENT G Request for Proposals Submittal Date: December 5, 2019 (NO CHANGE) 1. See attached revised proposal form. STEPHEN COOKE DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: `4P\ Y-.r�, _ Ronnie Clements Project Manager 817-392-8014, FAX 817-392-8488 RELEASE DATE: November 26, 2019 Richardson Bass Roof Replacement Page 1 of 1 Addendum No.3 FORT WORTWo CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 2 RICHARDSON BASS ROOF REPLACEMENT Request for Proposals Submittal Date: December 5, 2019 (NO CHANGE) R 1. The site walk-thru Attendees list is attached. — 2. There will be a second on-site walk thru conducted at 11:00 am, Monday, November 25, 2019. All attendees are to meet inside the West doors of the building on Rip Johnson Rd. 3. See attached revised proposal form. 4. See revised Alternates clarification. _ 5. See revised Scoring Criteria—section 1A. SELECTION OF CONTRACTOR 6. There will be a revised proposal form in Addendum 3. STEPHEN COOKE DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: Ronnie Clements Project Manager 817-392-8014, FAX 817-392-8488 RELEASE DATE: November21, 2019 Richardson Bass Roof Replacement Page 1 of 1 Addendum No.2 PbRTWORTHO) CITY OF FORT WORTH — PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 1 RICHARDSON BASS ROOF REPLACEMENT 1 Request for Proposals Submittal Date: December 5, 2019 (NO CHANGE) 1. The Pre-Proposal Attendees list is attached, 2. There will be an on-site walk thru conducted at 2:30 pm, Monday, November 18, 2019. All attendees are to meet inside the West doors of the building on Rip Johnson Rd. 3. There will be a revised proposal form distributed in Addendum Two. STEPHEN COOKE DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: Ronnie Clements Project Manager 817-392-8014, FAX 817-392-8488 RELEASE DATE: November 14, 2019 Richardson Bass Roof Replacement Page 1 of 1 Addendum No.1 NOTICE TO OFFERORS R Proposals for the WRMC Richardson Bass Roof Replacement located at 1591 Rip Johnson Drive in Fort Worth Texas will be received at the Purchasing Office, City of Fort Worth, 200 Texas Street, Fort Worth, 76102, until 1:30 P.M on Thursday, December 5,2019,and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. After evaluating the Proposals submitted, the City shall select the Offeror that offers the Best Value to the City and enter into negotiations with that Offeror.The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with such modification. The last day for questions from prospective Offerors is at 5:00 PM on Friday, November 22, 2019. A Pre-Proposal Conference will be held at 11:30 A.M., Wednesday, November 13, 2019 at 401 W. 13th Street. The offers will be valid for ONE HUNDRED TWENTY(120)calendar days. Estimated construction cost is approximately $1,800,000. There are several Alternates for this project. The Offeror will add a 7.5% Owner's Contingency Allowance on a separate line item on the Proposal form and only the Owner will approve the use of this allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth. This Allowance is not to be included in the Base Proposal and will not be used in the Best Value selection process. Refer to the evaluation matrix for the selection of the Best Value Offeror in the Instructions to Offerors. Refer to the Request for Proposal documents for the Minority Business Enterprise(MBE) Information. MBE participation will be evaluated in awarding this Contract. The MBE participation goal is waived. Offerers .m.ust sub.m.it the attaGhed Best Value WilozatmOR Form within 6 business days of 6ubrnittiRg their Best Value Proposal. Failwe to dOGUment piceposed attainment will Ferneve the Proposal fmm fuFther consideratiOR. Also, Refer to Section 2. MINORITY BUSINESS ENTERPRISE (MBE) (BEST VALUE PROPOSAL) in the — Instructions to Offerors. Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. If you intend to submit a Proposal, request you inform the Project Manager or Architect/Engineer who can then inform the interested subcontractors. General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions, Drawings, and Specifications through their printer. The construction documents are not available at the City but may be viewed and printed on-line by cutting and pasting the following link into your browser: https://Proiectooint.buzzsaw.com/fortworthgov/Advertised/101739%20-%20Richardson%20Bass%20Roof%20Replacement?public T Contact the Project Manager, Ronald Clements, at(817) 392-8014 or email Ronald.Clements@fortworthtexas.gov for assistance. For additional information contact the Project Architect, Cindy Chadwell, at(817)496-4631 or email cchadwellr7a.rooftechnical.com Advertisement: October 31, 2019 November 7, 2019 Instruction to Offerors Page 2 of 33 City of Fort Worth-RB Roof Replacement(March 2020) TABLE OF CONTENTS • PROJECT COVER PAGE • NOTICE TO OFFERORS • TABLE OF CONTENTS • INSTRUCTIONS TO OFFERORS • PROPOSALFORM • CONFLICT OF INTEREST AFFIDAVIT CONFLICT OF INTEREST QUESTIONAIRE (CIQ) • CONFLICT DISCLOSURE STATEMENT(CIS) TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE • 2013 PREVAILING WAGE RATES • WEATHER TABLE • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • CONSTRUCTION CONTRACT • PAYMENTBOND • PERFORMANCE BOND • CERTIFICATE OF INSURANCE • CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW • PROJECT SIGN Instruction to Offerors Page 3 of 33 City of Fort Worth-RB Roof Replacement(March 2020) INSTRUCTIONS TO OFFERORS 1. PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals: • Use the Proposal Form provided below. • Entries on the Proposal Form may be handwritten or typed. • Write in contract duration if not specified. • Acknowledge all addenda on the Proposal Form. • Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice- president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form CIQ and Form CIS if required.) • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable _ to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted. • In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be prov ded to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 1A. SELECTION OF CONTRACTOR: The City shall select the Offeror that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror, the City will consider: 1. Proposed Price (60 points)—The lowest priced responsive Proposal will receive 60 points for this rating criterion. Higher priced proposals will receive proportionally lower scores. When compared to the lowest price,the higher priced proposal will have its score reduced by one percent of the available points for every percent it is higher than the lowest price. The score will be rounded to the nearest whole number. 2. Proposed level of MBE participation (10 points). 3. Proposed project schedule (5 points) — Proposals should include a general schedule showing the amount of time necessary to complete the project, critical path, major phases of the work, and major impacts on the project. This is to demonstrate an understanding of _ the project and the most efficient justifiable time. The best schedule demonstrating the most complete understanding of the project will receive 5 points. All others will be graded accordingly. 4. References/Experience (15 points) - References and experience of the Offeror as demonstrated by listing past and current projects including references with names and current telephone numbers; and, list of subcontractors if applicable. _ Instruction to Offerors Page 4 of 34 City of Fort Worth-R13 Roof Replacement(March 2020) 5. Past Work in the City of Fort Worth (10 points) — Points shall be awarded for experience working on similar projects within the city limits of the City of Fort Worth. Contractors with no experience in the City of Fort Worth will receive 5 points. Contractors demonstrating strong experience will receive more than 5 points. Contractors with poor examples may receive less than 5 points. 6. If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of how many points could have been earned in the other categories. After ranking the responses to the Request for Proposal (RFP), the City shall first attempt to negotiate a contract with the selected Offeror. The City and its architect may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Offeror, the City shall,formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 2. MINORITY BUSINESS ENTERPRISE(MBE)(BEST VALUE PROPOSAL) BUSINESS DIVERSITY ENTERPRISE (BDE) ORDINANCE MINORITY BUSINESS ENTERPRISE (MBE) PROVISION: MGFG. The Minority Business Enterprise(MBE) diverse goal on.this project is Waived. (817)3922674eFemaalmwbeGff*Gea-fA-.FtI.A.f-ni4htp-m;-;s.q v. This will eRSUFG that Gempetitive Sea! Dallas DBRtGn lehe,Snn Parker oned Wi&e a. ie• at least 54 nernen# owned by nee er mere mi� ersens, er, 'n the Gase of e ffije ri#Y no• and h• d daily omen#aR per-s one who i4 he r un#eed towards the established geaI OffeFei;6 must subm;t the best value utwilzatiOR fGFM Within 5 bUSiResE;days of submittiRg theiF B Value PFepe&a4-. Instruction to Offerors Page 5 of 34 City of Fort Worth-RB Roof Replacement(March 2020) �nvcr cclFes.. r•• if OffeFeF failed to meet the stated IVIBE goal, On pairt E* iR whole, theR a detailed explanation M The VIBE plan will he part of the final weighted 69lenti9R nriteria 3. PROPOSAL SECURITY: Cashier's check or an acceptable Offeror's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the Proposal submitted (See paragraph 1 above). _ The Proposal Security must accompany the Proposal and is subject to forfeit in the event the successful Offeror fails to execute the contract documents within ten (10) days after the contract has been awarded. The Proposal Security shall be included in the envelope containing the Proposal. Failure to submit the Proposal Security will result in the Proposal not being considered — for this project. Offeror's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of proposals, unless the Offeror agrees to an extension. The surety must be licensed to do business in the state of Texas. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of$25,000,the successful Offeror entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the — surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. -he City, in its sole discretion, will — determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. If the contract is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. Instruction to Offerors Page 6 of 34 City of Fort Worth-RB Roof Replacement(March 2020) ' 5. PRE-PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Offeror shall examine the site(s)of the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required.The filing of a response by the Offeror a shall be considered evidence that it has complied with these requirements. 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 7. WAGE RATES: Not less than the prevailing wage rates set forth in the Contract Documents must be paid on this project. 8. POST PROPOSAL-PREAWARD SUBMITTALS: Offerors are required to submit seven(7)copies of the following information to the Architectural Services Office, 401 West 13th Street, Fort Worth, Texas 76102 (phone number 817-392-2586), within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: • Minority Business Enterprise Documentation (for proposals in excess of$50,000) • Contractors Qualification Statement(AIA Form A305), including client references • List of current projects & past projects built within the last 10 years, including owners' and architects' names with contact information for both current& past projects. Proposed Subcontractors and Suppliers • Project Schedule • Schedule of Values (Breakout by CSI Divisions) • Proof of insurability for Statutory Workers Compensation Insurance 9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: Should an Offeror find any discrepancies in the drawings and specifications,or should it be in doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Offerors at the place designated for distribution of the Request for Proposal Documents by the Notice to Offerors.The Contractor is responsible for determining if — addenda are available and for securing copies prior to submitting a response to this request for sealed proposals. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening. 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. Instruction to Offerors Page 7 of 34 City of Fort Worth-RB Roof Replacement(March 2020) 13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate — permits may be required for each work location. 14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact _ fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the Base Proposal. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. The Contractor will be responsible for all fees for electrical, gas, and other utilities within the property line of the project. Unless indicated otherwise on the plans,the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. — 15. BID DOCUMENTS: Hard copies of bidding documents may be downloaded and printed by the Offeror. 16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also, refer to specification's product requirements. — 17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will, at the minimum, include the following: quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. 19. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission regulations require that the business entity must fill out the Form 1295 on an electronic filing application on the Texas Ethics Commission website(www.ethics.state.tx.us). The business entity that wishes to enter into the contract must supply the completed, signed and notarized Form 1295 — to the City. 20. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form(1-9),maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision.City shall have the right to immediately terminate this Agreement for violations of this provision by Vencor. — 21. No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Instruction to Offerors Page 8 of 34 City of Fort Worth-RB Roof Replacement(March 2020) Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. w i Y r.. Instruction to Offerors Page 9 of 34 City of Fort Worth-RB Roof Replacement(March 2020) PROPOSAL TO: MR. DAVID COOKE CITY MANAGER ATTN: PURCHASING OFFICE 200 TEXAS STREET CITY OF FORT WORTH, TEXAS FOR: WR:MC Richardson Bass Roof Replacement 1591 Rip Johnson Drive Fort Worth, Texas Project PMD2019-08 Pursuant to the foregoing "Instructions to Offerors,"the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of wort to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to 'the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract.and, if the contract amount exceeds $25,000:00, furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated anti for the:following sum, to wit: DESCRIPTION OF ITEMS $ 1,729,398.00 Base Proposal 50 Calendar Days $ 129,554.85 Owner's Contingency Allowance (7.50/0) added to Base Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base Proposal. Only the Owner will approvel the use of this Allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth). $. 1,856,952.85 Base Proposal Plus Owner's Contingency Allowance ADD ALTERNATE NO. 1 —South Low Roof Area (Area-6B) $399,948.00 Alternate-Proposal 14 Calendar Days ADD ALTERNATE NO. 2—Barrel Roof Area(Area 3A,Area 5R,Area 6A, and Area 513) $ 134,079.00 Alternate Proposal 7 Calendar Days ADD ALTERNATE N0...3 Barrel Roof Area(Area4A and:Area 4:B) $.660,073.00 Alternate Proposal 0 Calendar Days ADD ALTERNATE NO.nr— Install tapered insulation on the following roof areas: 1. North Low Roof Area (Area 1A and Area '1 B) 2. South Low Roof Area(Area 6A) $ 23,510.00 Alternate Proposal 5 Calendar Days ADD ALTERNATE NO. 5—Install tapered insulation on the following roof areas: 1. South Low Roof Area(Area 6A) $ 13,818.00 Alternate Proposal 5 Calendar Days UNIT PRICES A. For ADDITION of damaged steel deck replacement: 1. Add: $8.50 per square foot B. For ADDITION of damaged/deteriorated fire retardant treated wood blocking replacement: 1.Add: 2$ 62 per board foot The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offeror. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any .labor organization, subcontractors or employment agency in either furnishing or referring employee applicants. to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). R'esden:cy of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as law. bidder, non=resid.eht bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or- servicas in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid: a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non=resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. �_� Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. 1_1 Non-resident vendors in (give state.), are not required to ., underbid resident bidders. B. (xI Our principal place of business or corporate offices are in the State of Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment$ands for the faithful performance of this contact. The attached deposit check in the sum of GAB Dollars ($ 5%of GAB ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY BUSINESS ENTERPRISE(MBE): (For Proposals in excess of$50,000) 1 am aware that I must submit information to the Director, Property Management Department, concerning the MBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted, Trumble Construction Inc Company Name By: Signature Robert Tremble Vise President Printed Name of Principal Title Address: 1944 Clear Springs Rd Street Texarkana TX 75501 City Zip Phone: 903-691-0931 Fax: 903-334-9580 r Email: trumbleconstruction@yahoo.com Receipt is acknowledged of the following addenda. Addendum No. 1:� Addendum No.. 2: 11_ Addendum No. 3:� Addendum No:4: Addendum No. 5: Addendum No,6: Addendum No.7: Addendum No. 8: Addendum No. 9: Addendum No. 10: , ., 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 be downloaded from the website links provided below. hq://www.ethics.state.tK.us/fonns/CIQ_Vdf http://www.ethics.state.tx.us/forms/CIS.pdf 0 CIQ Form is on file with City Secretary Q 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: Trimble Construction Inc By: Robert Trimble Company (Please Print) w 1944 Clear Springs Rd Signature: Address Texarkana TX 75501 Title: Vice President '* City/State/Zip (Please Print) w Instruction to Offerors Page 13 of 33 City of Fort Worth-RB Roof Replacement(October 2019) CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Trumble Construction Inc 2 ❑ Checkthis boxif youarefilingan updatetoa previouslyfiled questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. The City of Fort Worth Texas ~- Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. T Complete subparts Aand B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? Yes Fx-1 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction — of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes FTI No 6 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent ormore. NONE 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts — as described in Section 176.003(a)(2)(B),excluding gifts described in Section 176.003(a-1). 7 ,Signature � 11/19/2019 of vendor doing business with the governmental entity Date Ir15trRmtj=tflti6t1&pFPaxas Ethics Commission www.ethics.state.tx.us Page 14 of 33Revised 11/30/2015 — City of Fort Worth-RB Roof Replacement(October 2019) LOCAL GOVERNMENT OFFICER FORM CIS _ CONFLICTS DISCLOSURE STATEMENT (instructions for completing and filing this form are provided on the next page.) This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USEONLY This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement Date Received in accordancewith Chapter 176,Local GovernmentCode. 1 Name of Local Government Officer 2 Office Held 3 Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government ttil9'C7e" 4 Description of the nature and extent of each employment or other b#6. rela�onship and each family relationship with vendor named in item 3. 6 List gifts accepted by the local government officer an"n, family member, if aggregate value of the gifts accepted from vendor named in item 3 exceeds $100 during,ttjWtt;- .,nth p&iod described by Section 176.003(a)(2)(B). V J Date Gift Accepted Description=oF.Gift_¢, Date Gift Accepted Descriptto�nf Gift '3t. Date Gift Accepted Die rtptlbtI-OVGift ti`Sattach additional forms as necessary) 6 €t' AFFIDAVIT ;• �;;, 'V I swear under penalty of perjury that the above statement is true and correct.I acknowledge _ that the disclosure applies to each family member (as defined by Section 176.001(2), Local Government Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(B),Local Government Code. Signature of Local Government Officer i AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me,by the said this the day of 2C ,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Instruction to Offerors Page 16 of 33 Ci�pon mi@%V*#�*F39o@fFAbjla&M-6 i 1001bber2019) www.ethics.state.tx.us Revised 11/30/2015 Certification of No Boycott of Israel Form If Contractor/Vendor is a"company", as that term is defined in Section 808.001 of the Texas Government Code, Contractor/Vendor certifies and verifies that it: (i)does not boycott Israel and (ii)will not boycott Israel during the Term of this Agreement. +� Form requirements: • This certification is required by Texas Government Code § 2270.002. • This form is required to be attached to all Purchase Orders(goods)and Contracts(services),regardless of whether Contract requires the creation of a Purchase Order. • The city making the purchase of goods or contracting for services is responsible for obtaining the form from the Vendor or Contractor. Texas Government Code§808.001 states that"Boycott Israel" means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on,or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made for ordinary business purposes.Furthermore,Texas Government Code §808.001 states that the term"company"means a"for-profit sole proprietorship,organization,association,corporation,partnership,joint venture, limited partnership, limited liability partnership,or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary,parent company, or affiliate of those entities or business associations that exists to make a profit". Vendor/Contractor Name or Company Name Trumble Construction Inc Street Address 1944 Clear Springs Rd city Texarkana State Texas Zip Code 75501 Phone Number 903-691-0931 Printed Name of Authorized Represent ive Robert Trumble Title of Authorized Representative FVice President Signature of Authorized Representative ` Date 12-11-2019 ONLY COMPLETE THIS SECTION IF YOU BELIEVE YOU ARE NOT REQUIRED TO PROVIDE THE CERTIFICATION LISTED ABOVE FOR THE REASONS CITED BELOW I am not required to provide the certification listed above because(select one): Ek am not a"company"as defined above,pursuant to Texas Government Code §808.001. ElThis is not an agreement for goods or services to be provided to the City. Name Signature Date f � !^01.33s(Back) (RW4-1318) Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Name of purchaser,firm or agency City of Fort Worth,Texas Address(Street&number,P.O.Box or Route number) Phone(Area code and number) 200 Texas Street 817392-8360 City,State.ZIP code Fort Worth,Texas 76102 1,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable items described below or on the attached order or invoice) from: Seller. All Vendors Street address: City,State,ZIP code: Description of items to be purchased or on the attached order or invoice: All items. Purchaser acknowledges that this Certificate cannot be used for the purchase,lease or rental of a motor vehicle. Purchaser claims this exemption for the following reason: Municipality,Governmental Entity I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the piovis(ons of the Tax Code and/or all applicable law. I understandthetitissodminaloffensetogivean exemption ceMptetothesellerfortaxab/eitemsthatllmow,atthe timeofpurchase, wfftbeusedinamannerotherthanthatexpressedinthiscertiricate,anddependingonthesmountoftaxevaded,theoffensemayrange from a Class C misdemeanor to a felony of the second degree. Purdmaser Title Date here Finance DirectorlCFO SU7 v✓�(g NOTE: This certificate cannot be issued for the purchase,lease,or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax"Exemption Numbers"or"Tax Exempt"Numbers do not exist This certificate should be fumished to the supplier. Do no send the completed certificate to the Comptroller of Public Accounts. 2013 PREVAILING WAGE RATES Instruction to Offerors Page 18 of 33 City of Fort Worth-RB Roof Replacement(March 2020) Commercial Construction Projects CLASSIFICATIONo AC Mechanic $ _ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling Installer Helper $ 12.70 _ Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 #. Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 r, Electrician(Journeyman) $ 19.63 Electrician Apprentice(Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 Instruction to Offerors Page 19 of 33 City of Fort Worth-RB Roof Replacement(March 2020) Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler 16.00 Metal Building Assembler Helper 12.00 Metal Installer(Miscellaneous) $ 13.00 Metal Installer Helper(Miscellaneous) 11.00 Metal Stud Framer $ 16.12 Metal Stud Framer Helper $12.54 Painter $ 16.44 Painter Helper $ 9.98 Pipefitter $ w 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Reinforcing Steel Setter Helper $ 11.08 Roofer $ 16.90 Roofer Helper $ 11.15 .r Sheet Metal Worker $16.35 Sheet Metal Worker Helper 13$11 Sprinkler System Installer $19.17 Sprinkler System Installer Helper 14$15 Steel Worker Structural $ 17.00 Instruction to Offerors Page 20 of 33 City of Fort Worth-RB Roof Replacement(March 2020) Steel Worker Structural Helper $ 13.74 Waterproofer 15.00 Equipment Operators Concrete Pump $ 18.50 Crane,Clamshell,Backhoe, Derrick, D'Line Shovel $19.31 — Forklift $ 16.45 Foundation Drill Operator $ — 22.50 Front End Loader 16.97 _ Truck Driver $ 16.77 Welder $ 19.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry(Fall 2012)Independently compiled by the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's(The Construction Association)website. " www.texoassociation.org/Chapter/wagerates.asp Instruction to Offerors Page 21 of 33 City of Fort Worth-RB Roof Replacement(March 2020) — CITY OF FORT WORTH WEATHER TABLE Average days Month of Inches of Rainfall Rain/Snowllce — January 6 2.51 February 7 2.23 March 9 3A9 -- April 7 2.97 L 10 4.56 8 3.31 4 1.83 ust 5 1.88 ember 5 2.34 October 7 3.65 November 7 2.70 December 6 2.34 nually 81 33.81 (1)Mean number of days precipitation of 0.01"or more or 10 snowlice (2)Average normal precollation,in inches This table is based on information reported from Dallas-Fort Worth International Airport, Texas.Latitude 32 deg 54 min north,longitude 97 deg 02 rnin west,elevation(ground)551 ft. Average number of days of rain,snow,and ice days are based on records covering 21 years. Prectillation is based on recorded information from 1996 through 2016 period. This table is to be used as a baisis for calculation of excess rain or weather days for projects with duration in calendar days.If the site records indicate that the Contractor was unable to carry out operations due to weather,it is counted as a weather day.If the number of weather days exceeds the numberof average rain days plus the snowlce days for the contract duration,the contract will be adjusted by Change Order. Fort Worth Weather Table 24 April 2017 Instruction to Offerors Page 22 of 33 City of Fort Worth-RB Roof Replacement(March 2020) City of Fort Worth, Texas Property Management Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting forth T or affecting the rights of the parties, including but not necessarily limited to, the Contract, Notice to Bidders, Proposal, General Conditions,Special Conditions,Specifications, Plans, Bonds and all Addenda,Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Work. — A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed,the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner,or Change Order,or by a written Field Order for a minor change. — A-3 WORK: By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in four originals,with all required attachments,including required bonds and insurance certificates,by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the Contractor shall examine carefully the, plans, specifications,special provisions,and the form of contract to be entered into for the work contemplated. They shall examine the site of work and satisfy themselves as to the conditions that will be encountered relating to the character,quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that they have complied — with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT: Insofar as possible,the Contract Documents will be bound together and executed as a single unified Contract.The intention of the Contract Documents being to provide for all labor-supervision,materials,equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS: In the event of inconsistency in the contract documents,the following sequence for interpretation = shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions;and Construction Contract. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor,or Owner,and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. .� In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents,the evaluation of work or materials performed or furnished by the Architect Contractor,or any subcontractor or materialsman,or involving any question of fault or liability of any party,the decision of the Owner shall be final and binding. A-9 CORRELATION AND INTENT: In general,the drawings indicate dimension,locations,positions,quantities,and kinds of = construction;the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa,shall be furnished as though set forth in both. Work not detailed,marked or specified shall be the same as similar parts that are detailed,marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take ^^ precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. General Conditions of the Contract for Construction Lump Sum Contract Page 1 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 A-10 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor electronic working Drawings and Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to them. All Drawings,Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the Owner. They are not to be used on any other project and, with the exception of one Contract set for each Party to the Contract, are to be returned to the Owner on request at the completion of the work. A-11 MINORITY BUSINESS ENTERPRISE(MBE)POLICY: As of June 1,2012,The City of Fort Worth has implemented Business Diversity Ordinance(BDO)to reflect the City's availability and disparity study findings and recommendations. During this transition period,interested Offerors must obtain an MBE listing from the M/WBE Office at 817-212-2674. This will ensure that the MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency(NCTRCA)located in the six(6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of:Tarrant, Dallas,Denton,Johnson,Parker and Wise.Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. The City of Fort Worth has goals for the participation of Minority Business Enterprises(MBE)in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting proposals are included. The City of Fort Worth MBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects. A-12 AGE: In accordance with the policy("Policy")of the Executive Branch of the federal government,Contractor covenants that neither themselves nor any of their officers,members,agents,employees, program participants or subcontractors,while engaged in performing this contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither themselves nor their officers, members, agents, employees, subcontractors, program participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any claims or allega- tions asserted by third parties or subcontractor against City arising out of Contractor's and/or their subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990("ADA"),Contractor warrants that themselves and any and all of their subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of their subcontractors. Contractor warrants it will fully comply with ADA provisions and any other applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or their subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. A-14 IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form(1-9),maintain photocopies of all supporting employment eligibility and identity documentation for all employees,and upon request,provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services.Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision.City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. A-15 No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than$100,000,this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the Agreement. General Conditions of the Contract for Construction Lump Sum Contract Page 2 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: The Architect is the person or person lawfully licensed to practice architecture identified as such in the Agreement. The Architect is retained by the Owner to prepare the construction documents and represent the Owner during the construction phase as directed by the Owner. B-2 DUTIES OF THE ARCHITECT: As used herein,the term Architect means the Architect or their authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Architect will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. B-4 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform their assigned functions under the — Contract Documents. The Architect will make periodic visits to the Site to familiarize themselves with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations,the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor.Based upon such observations and the Contractor's applications for payments,the Architect will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-5 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor,subject to the final decision of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-6 AUTHORITY TO STOP WORK: The Architect will have authority to reject work that does not conform to the Plans and Specifications. In addition,whenever,in their reasonable opinion,the Architect considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the Architect will have authority to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated, _ installed or completed. B-7 MISCELLANEOUS Shop Drawings, Submittals and Samples: The Architect will review Shop Drawings,Submittals and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. Change Orders: Change Orders, Owners Contingence Allowance forms, and Field Orders for Minor Changes in the work will be issued by the Owner through the Architect. Guarantees: The Architect will receive all written guarantees and related documents required of the Contractor.Upon completion of the project the Contractor shall provide the Owner three copies of each guarantee. Inspections:The Architect will conduct inspections for the purpose of determining and making their recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Substantial Completion. Operation and Maintenance Manuals:The Architect will receive on behalf of the Owner one hard copy and two digital copies of all applicable equipment installation,operation,and maintenance brochures and manuals required of the Contractor. B-8 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Property Management Department,or shall appoint _ a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by their duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager,Assistant City Manager, and Director of the Property Management Department and members of the Facilities Management Division.A designated representative will be identified = from within the Facilities Management Division to act as a point of contact for day-to-day contract administration. C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics,legal limits and utility locations for the site of the Work;provided,however,that the Contractor hereby covenants that they have inspected the premises and = familiarized themselves therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on General Conditions of the Contract for Construction Lump Sum Contract Page 3 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all } necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under their control with reasonable promptness at the request of the Contractor. C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the Architect. C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform their assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS: The Owner and Architect will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract Documents. On the basis of on-site observations and reports concerning the progress and quality of the work,the Owner and Architect will approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK: The City will have authority to reject work that does not conform to the Plans and Specifications. Whenever, in their reasonable opinion, the City considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the City will have authority to require the Contractor to stop the work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed.The Contractor shall be responsible for the cost of special inspections and testing for work that is found not to comply with the plans and specifications. C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is substantially complete,the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA document G704,which is to be prepared by the Architect and signed by the Contractor,and accepted,approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in all their subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall,until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract.The term "subcontract"as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code. C-9 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the project is terminated,the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above,the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocable to the work not completed and further reduced by the amount of payments,if,any otherwise made. Contractor shall submit their claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph,such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth,and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. SECTION D CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract.The term Contractor means the Contractor or their authorized representative. D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor, not as agent,or employee of the City.Contractor shall have exclusive control of and the exclusive right to control the details of the = Work and services performed hereunder,and all persons performing same,and Contractor shall be solely responsible for the acts of General Conditions of the Contract for Construction Lump Sum Contract Page 4 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 their officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor,their officers,agents and employees,and the doctrine of respondent superior shall not apply. D-3 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement,Conditions of the Contract, Drawings, Specifications,Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission they may discover. The Contractor shall do no work without approved Submittals, Drawings, Specifications and Interpretations. D-4 SUPERVISION: The Contractor shall supervise and direct the Work, using reasonable skill and attention. They shall be solely responsible for all construction means,methods,safety,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-5 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. The Contractor shall at all times enforce strict discipline and good order among their employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to them. D-6 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Duty to pav Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall,upon demand made by the City, pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset their administrative costs, pursuant to Texas Government Code 2258.023. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023,Texas Government Code,by a contractor or subcontractor,the City shall make an initial determination,before the 31st day after the date the City receives the information,as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of their initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258,the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258,023,Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq.,Revised Statutes)if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes their initial determination pursuant to paragraph(c)above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the Work,maintain records that show(i)the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this contract;and(ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pay Estimates. With each partial payment estimate or payroll period,whichever is less,the Contractor shall submit an affidavit stating that the Contractor has compiled with the requirements of Chapter 2258,Texas Government Code. Posting of Wage Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The Contractor shall include in their subcontracts and/or shall otherwise require all of their subcontractors to comply with paragraphs(a)through(g)above. On projects where special wage rates apply(e.g.Davis-Bacon)the Contractor agrees to meet all requirements of such programs. D-7 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or the Owner,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. General Conditions of the Contract for Construction Lump Sum Contract Page 5 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 Prior to occupancy of the Project by the Owner,the Contractor warranties and obligations to correct defective Work exclude remedy for damage or defect caused by(i)abuse by the Owner's separate contractors,or(ii)modifications made by the Owner or the Owner's separate contractors.After occupancy of the Project by the Owner,the Contractor warranties and obligations to correct defective Work exclude remedy for damage or defect caused by(i)abuse,(ii)modifications not executed by the Contractor,(iii)improper or insufficient maintenance,(iv)improper operation,(v)normal wear and tear,or(vi)normal usage. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-8 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction,Excise and Use Tax. Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11,enacted August 15,1991. D-9 LICENSES,NOTICES AND FEES: The Contractor shall obtain all Permits,Licenses,Certificates,and Inspections,whether permanent or temporary, required by law or these Contract Documents. The City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. If the Contractor allows any permit to expire, they shall be responsible for all renewals including any associated fees. The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect,he shall promptly notify the Architect and Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of,or contrary to,any of such Laws,Statutes,Charter,Ordinances, Orders or Directives,or Regulations without furnishing Notice to the Architect and Owner,the Contractor will assume full responsibility therefore and bear all costs attributable thereto. D-10 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site,and all applicable taxes. The Contractor's handling costs on the site,labor,installation costs,overhead,profit and other expenses contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance.The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct,but they will not be required to employ persons against whom they make a reasonable objection.If the cost,when determined,is more than or less than the allowance,the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site,labor,installation costs,field overhead,profit and other direct expenses resulting to the Contractor from any increase over the original allowance. D-11 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. Important communications will be confirmed in writing.Other communications will be so confirmed on written request in each case. D-12 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of all employees and all Sub-contractors,their agents and employees,and all other persons performing any of the Work under a contract with the Contractor. D-13 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents,then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper,and if,in the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifica- tions made a part hereof,the Contractor and/or their Surety shall pay said City on demand in writing,setting forth and specifying an itemized statement of the total cost thereof,said excess cost. D-14 PROGRESS SCHEDULE: The Contractor,immediately after being awarded the contract,shall prepare and submit for the Architect's and Owner's approval,an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project and indicate critical path. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work,subject to the Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The Contractor shall submit an updated progress schedule to the Architect and Owner at least monthly for approval along with the Contractor's monthly progress payment requests. D-15 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings,Specifications,Addenda,approved Shop Drawings,Change Orders,and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, clearly marked to record all changes made during construction,shall be delivered to the Architect upon completion of the Work. The Architect will prepare,and provide to the Owner,one complete set of reproducible record drawings of the Work. General Conditions of the Contract for Construction Lump Sum Contract Page 6 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 D-16 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings,diagrams,illustrations,schedules,performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor,manufacturer,supplier or distributor,and which illustrate some portion of the Work.These may be provided in an electronic format acceptable to the Architect. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged.Three copies of all physical examples shall be provided. The Contractor shall review, approve, and submit,with reasonable promptness and in orderly sequence so as to cause no delay in = the Work or in the work of any other contractor,normally within the first 90 days of the work,three copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract ,t Documents. By approving and submitting Shop Drawings and Samples,the Contractor thereby represents that they have determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that they have checked and coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay,but only for conformance with the design concept of the Project and with the information given in the Contract Documents.The Architect's approval = of a separate item shall not indicate approval of an assembly in which the item functions.The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. — No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. Payment for Shop Drawings will not be made until they are approved by the Architect or City. _ D-17 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment.Until acceptance of the Work by the City,the entire site of the Work shall be under the exclusive control,care and responsibility of the Contractor.Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever. — The Contractor shall rebuild,repair,restore and make good at their own expenses all injuries or damages to any portions of the Work occasioned by any of the above,caused before acceptance. D-18 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting,fitting or patching of their Work that may require making several parts fit together properly,and shall not endanger any Work by cutting,excavating or otherwise altering the Work or any part of it. D-19 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish.At _ the completion of the Work the contractor shall remove all their waste materials and rubbish from and about the Project as well as all their tools,construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom- clean" or equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings "broom-clean", Contractor shall clean all glass,replace any broken glass,remove stains,spots,marks and dirt from decorated work,clean hardware, remove paint spots and smears from all surfaces,clean fixtures and wash all concrete,tile and terrazzo floors. If the Contractor fails to clean up,the Owner may do so,and the cost thereof shall be charged to the Contractor. D-20 COMMUNICATIONS: The Contractor shall forward all communications to the Owner through the Architect. D-21 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual. SECTION E SUBCONTRACTORS E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site.The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or their authorized representative. General Conditions of the Contract for Construction Lump Sum Contract Page 7 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of their sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS: The Contractor shall furnish a list of the names of the subcontractors or other persons or organizations(including those who are to furnish materials or equipment fabricated to a special design)proposed for such portions of the Work as may be designated in the bidding requirements,or if none is so designated in the bidding requirements,the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization. = If, prior to the award of the Contract,the Owner or Architect has an objective to any person or organization on such list,and refuses to accept such person or organization, the apparent low bidder may, prior to the award, withdraw their bid without forfeiture of bid security.If such bidder submits an acceptable substitute,the Owner may,at their discretion,accept the bid or he may disqualify the bid.If,after the award,the Owner or Architect objects in writing to any person or organization on such list,the Contractor shall provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect,unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor(and where appropriate between Subcontractors and Sub- subcontractors)which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; 3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party,in reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor(via any Subcontractor or Sub-subcontractor where appropriate)in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance,except such rights,if any,as they may have to proceeds of such insurance held by the Owner,and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall be so construed and applied as to the Owner and the Architect,whether or not such provisions are physically included in the sub- contract. E-4 MINORITY BUSINESS ENTERPRISE (MBE): Should the base proposal be $50,000 or less, the requirements of this section do not apply. As of June 1,2012,The City of Fort Worth is implemented a new Business Diversity Ordinance(BDO)to reflect the City's availability and disparity study findings and recommendations. During this transition period,interested Offerors must obtain a MBE listing from the M/WBE Office. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency(NCTRCA)located in the six(6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of. Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. In accordance with City of Fort Worth Diversity Business Ordinance(BDO)No 20020-12-2011 (the"Ordinance"),the City of Fort Worth " sets goals for the participation of Minority Business Enterprises(MBE)in City contracts. Ordinance No 20020-12-2011 is incorporated in these General Conditions by reference.A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The MBE documentation required by the procurement solicitation must be submitted within five city business days after the proposals are opened. Failure to comply with the City's Business Diversity Ordinance,or to demonstrate a"good faith effort", shall result in a bid being considered non-responsive. During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved MBE subcontractors and or suppliers prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the M/WBE Office and the designated representative identified from within the Facilities Management Division. Contractor must provide the City with complete and accurate information regarding actual work performed by an MBE on the contract and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in their possession that will substantiate the actual work performed by an MBE. The misrepresentation of facts and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal,state,or local General Conditions of the Contract for Construction Lump Sum Contract Page 8 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 laws or ordinances relating to false statement. An Offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than three(3)years. The failure of an Offeror to comply with this ordinance where such non-compliance con:titutes a material breach of contract as stated herein,may result in the Offeror being determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than one(1)year. The Contractor may count toward the goal any tier of MBE subcontractors and/or suppliers. The Contractor may count toward their goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract. Change Orders: Whenever a change order affects the work of an MBE subcontractor or supplier, the MBE shall be given an opportunity to perform the work. Whenever a change order is$50,000 or more,the M/WBE Office Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall: 1. Make no unjustified changes or deletions in their MBE participation commitments submitted with the bid/proposal or during negotiation,without prior submission of the proper documentation for review and approval by the M/WBE Office. 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented in their bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections of the Ordinance,exclusive of the time requirements stated in such subsections. 3. The Contractor shall submit to the M/WBE Office for approval an MBE REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract,the Contractor wishes to change or delete one or more MBE subcontractors or suppliers. Justification for change of subcontractors may be granted for the following: 1. An MBE's failure to provide Workers'Compensation Insurance evidence as required by state law;or = 2. An MBE's-failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1)the limits required of the Contractor by the City;or 2) the limits contained in the Contractor's standard subcontract or supply agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non-MBE subcontractors/sub consultant's or suppliers;or 3. An MBE's failure to execute the Contractor's standard subcontract form,if entering a subcontract is required by the Contractor in their normal course of business,unless such failure is due to: a) A change in the amount of the previously agreed to bid or scope of work;or b) The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month;or c) Any limitation being placed on the ability of the MBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the Contractor's surety company or insurance company. d) Mediation shall be a consideration before the request for change is approved. 4. An MBE defaults in the performance of the executed subcontract. In this event,the Contractor shall: —• a) Request bids from all MBE subcontractors previously submitting bids for the work, b) If reasonably practicable,request bids from previously non4dding MBEs,and c) Provide to the M/WBE Office documentation of compliance with(a)and(b)above. 5. Any reason found to be acceptable by the M/WBE Office in their sole discretion. Within ten days after final payment from the City the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier,including non-MBEs,used on the project. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work.The Contractor shall also require each Subcontractor to make similar payments to their subcontractors. General Conditions of the Contract for Construction Lump Sum Contract Page 9 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued,for their Work to the extent completed,less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor,and they shall require each Subcontractor to make similar payments to their Subcontractors. The Owner may,on request and at their discretion,furnish to any Subcontractor,if practicable,information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR ECONOMIC DEVELOPMENT ADMINSTRATION (EDA) FUNDED PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or OMB Circular A-110,as appropriate. Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in this section. No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of$10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contractor who will compile them and submit to the City.The subcontractor can satisfy this requirement by submitting a property executed Department of Labor Form WH-347. Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. = All subcontractors who employ more than 50 employees,and is a prime or first tier subcontractor,and has a subcontract or purchase order of$50,000 or more must submit a completed Standard Form 100(Compliance Report)by March 30 of each year. Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS = F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work,"the Contractor'in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall property connect and coordinate work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive their Work,except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site,the Contractor shall,upon due notice,settle with such other contractor by agreement,if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense,and if any judgment against the Owner arises therefrom,the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. = F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting,fitting or patching of work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents.The General Conditions of the Contract for Construction Lump Sum Contract Page 10 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 Contractor shall not endanger any work or any other contractors by cutting,excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEANUP: If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Project Management Department shall determine to be just. — SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must .t familiarize themselves and strictly comply with all Federal, State, and County and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. The contractor shall indemnify and save harmless the City and all of their officers and agents against any claim or liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives,whether by themselves, their employees,agents or subcontractors. G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers granted the Owner herein,the officers,agents and employees of the City of Fort Worth are engaged In the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder,except for gross negligence or willful wrong. G-4 COMPLIANCE WITH LAWS: Contractor agrees to comply with all laws, Federal,state and local,including all ordinances, rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished Project are not subject to State Sales — Tax. The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer tap,impact&access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their — personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend,at their own expense,the Owner,their officers,servants and employees,from and against any and all claims or suits for property loss,property damage,personal injury,including death,arising out of,or alleged to arise out of,the work and services to be performed hereunder by Contractor,their offf.cers,agents,employees,subcontractors, .. licensees or invitees, whether or not any such inium damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner,their officers,servants,or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract,whether or not any such iniury or damage is caused in whole orin part by the negligence or alleged negligence of Owner, their officers,servants or employees. In the event Owner receives a written claim for damages against the Contractor ortheir subcontractors prior to final payment, final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved,or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may,if deemed appropriate,refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2,this contract shall be binding upon and insure to the benefit of the parties hereto,their Successors or Assigns.Contractor shall not assi 3n or sublet all or any part of this Contract or their rights or duties hereunder without the prior written consent of the Owner.Any such purported assignment or subletting without — the prior written consent of Owner shall be void. G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended,or if delivered at or sent by registered or certified mail to the last business address known to them who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,000. The Contractor agrees,on the submittal of their Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in General Conditions of the Contract for Construction Lump Sum Contract Page 11 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 MAI the prosecution of the Work,such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended,in the form included in the Contract Documents,and such bonds shall be 100 percent of the total contract price,and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local,state and federal statutes. To be an acceptable surety on the bond the name of the surety should be included on the current U.S.Treasury List of Acceptable Securities[Circular 570],and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of their capital and surplus. Such a surety must reinsure any obligation over 10 percent.The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized,accredited,or trusteed to do business in the State of Texas. Should any surety for the contracted project be determined unsatisfactory at any time during same,the Contractor shall immediately provide a new surety bond satisfactory to the City. If the contract amount is$25,000 or less,payment to the Contractor shall be made in one lump sum.Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,the Owner may,without prejudice to any other remedy they may have,enter the site and make good such deficiencies.In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies,including the cost of the Architect's additional services made necessary by such default, neglect or failure.If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees.they shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified;however,if the Contractor has reason to believe that the design,process or product specified is an infringement of a patent,they shall be responsible for such loss unless they promptly give such information to Owner. G-11 TESTS: If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having jurisdiction require any Work to be inspected,tested or approved,the Contractor shall give the Owner timely notice of their readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection,tests and approvals unless otherwise provided. If after the commencement of the Work, the Owner determines that any work requires special inspection, testing or approval not included above,the Architect,upon written authorization from the Owner,will instruct the Contractor to order such special inspection, testing or approval,and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply(1)with the requirements of the Contract Documents or(2)with respect to the performance of the Work,with Laws,Statutes,Charter,Ordinances, Regulations or Orders of any public authority having jurisdiction,the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shall bear such costs,and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection,testing or approval, and three copies will be promptly delivered by them to the Architect.The Architect will review the certificates and forward one copy of each with their recommendation(s)to the Owner. _ If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where practicable,at the source of supply. Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections,tests or approvals by persons other than the Contractor shall relieve the Contractor from their obligations to perform the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities.Interruption shall be by approved sections of the utility.In some cases,the Contractor may be required to perform the Work while the existing utility is in service.The existing utility service may be interrupted only when approved by the Owner.When it is necessary to interrupt the existing utilities,the Contractor shall notify the Owner in writing at least ten days in advance of the time that they desire the existing service to be interrupted. The interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility, an interruption may not be subject to schedule at the time desired by the Contractor. In such cases,the interruption may have to be scheduled at a time of minimum requirements of demand for the utility.The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner. G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work. = Discrepancies between Drawings,Specifications,and existing conditions shall be referred to the Architect for adjustment before work General Conditions of the Contract for Construction Lump Sum Contract Page 12 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work,the Contractor shall carefully compare and check all Architectural, Structural, Mechanical an Electrical drawings;each with the other that in any affects the locations or elevation of the work to be executed,and should any discrepancy be found,they shall immediately report the same to the Architect for verification and adjustment.Any duplication of work made necessary by failure or neglect on their part to comply with this function shall be done at the Contractor's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work,the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment.Any such work shall be moved, replaced or protected, as required,whether or not shown or specified at the Contractor's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as approximate only.Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the installation of jointed floor,wall and ceiling materials that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible.This includes heating registers,light fixtures,equipment,etc. If because of the non-related sizes of the various materials and locations of openings,etc.,it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement.The Contractor shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work,special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary.All damaged work shall be replaced,repaired and restored to original condition at no cost to -� the Owner. G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not, that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the project. The Contractor shall exercise _ every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project,including advising all materials suppliers and subcontractors of this requirement. The Contractor shall verify that components containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs,it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items without first obtaining the Architect's approval.They shall remove and relocate such items at their own expense if so directed by the Architect.Where possible;uniform margins shall be maintained between parallel lines and/or adjacent wall,floor or ceiling surfaces. G-20 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials,equipment,tools,machinery or any other item thereon.No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials, products, processes, equipment,or the like be installed or applied in accordance with manufacturer's instructions,direction or specifications,or words to this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such instructions shall be furnished to the Architect and their approval thereof obtained before work is begun. General Conditions of the Contract for Construction Lump Sum Contract Page 13 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by .. employees or as a result of the Work. At completion of work,the General Contractor shall, immediately prior to final inspection of complete building,execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base,and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5. Dust,and if necessary wash,all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary, and all temporary labels,tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building,the grounds,approaches, equipment,sidewalks,streets,etc.shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken,hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty, paint materials, etc.,without scratching or injuring the glass and leave the work bright,clean and polished.Cost of this cleaning work shall be borne by Contractor. 10. Cleaning, polishing, scaling,waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning:Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust,or when directed by the Architect,operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen.All scrap materials,rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints;no storage will be permitted in the building.Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or cutting work is done,interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal.When temporary heating devices are used,a watchman shall be present to cover periods when other workmen are not on the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated,such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line,parallel to adjacent surfaces or plumb for vertical surfaces.Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT Final Inspection, Record Drawings: Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment'. Maintenance Manual:Sheets shall be 8Y2'x I V,except pull out sheets may be neatly folded to 8 Y2"x 1 V.Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain: General Conditions of the Contract for Construction Lump Sum Contract Page 14 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 1) Name,address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative,for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment,temperature control,fan, electrical panels,service entrance equipment and light fixtures. 4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, and other materials. Submit two digital electronic copies and one hard copy of Maintenance Manuals,prior to request for final payment. Operational Inspection and Maintenance Instruction: The Contractor shall provide at their expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start-up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Project for one year. In addition,where separate guarantees,for certain portions of work, are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner. ' Guarantees shall not apply to work where damage is result of abuse,neglect by Owner or their successor(s)in interest. The Contractor agrees to warrant their work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended warrantees,the Contractor shall warrant all work materials,and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and _ components to bring such items back to at least their original condition. G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment,one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect.Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings,the record drawings shall define the construction actually provided.The representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction.The record drawings shall indicate,in addition,the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE: The Contractor shall provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period.Remove the fences and gates upon completion ' of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY,STORAGE, HANDLING: The Contractor shall handle,store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project — site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. G-32 MANUFACTURER'S REFERENCE: Catalog,brand names,and manufacturer's references are descriptive,not restrictive. Bids on brands of like nature and quality will be considered. Contractor shall inform the City of any substitutions intended for the — project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the Contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor,the Contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted'; the City will accept no alternates to the specified — equipment. SECTION H CONTRACT TIME — General Conditions of the Contract for Construction Lump Sum Contract Page 15 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 H-1 DEFINITIONS The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of Substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner and additional weather days beyond what is allotted in the contract. The Date of Commencement of the Work is the date established in the Notice to Proceed.See attachment"A"for a sample Notice to Proceed. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended.Final acceptance of the completed work or any portion thereof can be made only by the Owner,and no other form of acceptance will be binding upon the Owner. ,f A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday,regardless of whether a "Working Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section.Extensions of time will be as recommended by the Architect with final approval by City of Fort Worth. A Working Day is defined as a calendar day,not including Saturdays,Sundays,and legal holidays,in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m.and 6:00 p.m.However,nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Legal holidays for the City of Fort Worth are defined as being New Year's Day, Independence Day, Labor Day,Thanksgiving Day,and the day after Thanksgiving,Christmas Day,Memorial Day and Martin Luther King Jr. Day. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. r The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 CONSTRUCTION WORK: Noise created by construction work within three hundred(300)feet of an occupied residential structure involving the erection, excavation, demolition, alteration, or repair of any building, structure, or flatwork is prohibited as follows: Before 7:00 a.m.or after 8:00 p.m.Monday-Friday Before 9:00 a.m.or after 8:00 p.m.Saturday-Sunday H-4 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect,or by any employee of the Owner,or by any separate contractor employed by the Owner,or by changes ordered in the Work,or by labor disputes,fire,unusual delay in transportation,unavoidable casualties or any causes beyond the Contractor's control,or by any cause which the Architect determines may justify the delay,then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner.When the Contractor is delayed due to abnormal weather conditions,the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable. H-5 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time provided for)shall be made to the Contractor for damages because of hindrances or delays from an cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable, and the Contractor agrees that they will make no claim for compensation,damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays said extension of time. SECTION I PAYMENTS AND COMPLETION 1-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 1-2 SCHEDULE OF VALUES: Before the first Applicable for Payment,the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Contract Sum, divided so as to facilitate payments to Sub-contractors,prepared in such form as specified or as the Architect and the Contractor may agree upon,and supported by such data to substantiate correctness as the Architect may require.Each item in the Schedule of Values shall include proper share of overhead and profit.This Schedule,when approved by the Architect and the Owner,shall be used as a basis for the Contractor's Applications for Payment. General Conditions of the Contract for Construction Lump Sum Contract Page 16 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 1-3 PROGRESS PAYMENTS: On the first day of each month after the first month's work has been completed,the Contractor will make current estimates in writing for review by the Architect and Owner of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all Work,materials and equipment covered by an Application for Payment,whether _ incorporated in the Project or not,will pass to the Owner upon the receipt of such payment by the Contractor,free and clear of all liens,claims,security interests or encumbrances hereinafter referred to as"liens';and that no Work,materials or equipment covered by an Application for Payment will have been acquired by the Contractor,or by any other persons performing the Work at the site or furnishing materials and equipment for the Work,subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall prepare each application for payment on AIA Document G702,"Application and Certificate for Payment", and attached thereto AIA Document G703,"Continuation Sheet",to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be — attached before the pay request can be accepted. 1-4 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above, the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a r copy to the Contractor,for such amount determined to be properly due,or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner,based on the Architect's observations at the site and the data comprising the Application for Payment,that the Work has progressed to the point indicated;that the quality of the Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion,and to any specific qualifications stated in the Certificate);and recommendations to the Owner that the Contractor be paid in the amount certified. In addition,the Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. — After the Architect has issued a Certificate for Payment,the Owner shall approve or disapprove same within ten days after it has been delivered to the Owner. For contracts less than$400,000, Owner shall pay 90%of the approved estimate to the Contractor within seven days after approval,and the remaining 10%of each such estimate will be retained by the Owner until Substantial Completion. For contracts in excess of$400,000,the Owner will retain only 5%of each estimate until Substantial Completion. — No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner,shall constitute an acceptance of any Work not in accordance with the Contract Documents,or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship.The Contractor shall promptly remedy any defects — in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1-5 PAYMENTS WITHHELD: The Architect may decline to approve an Application for Payment and may withhold the — Certificate in whole or in part if in their opinion they are unable to make the representations to the Owner as provided in this Section. The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in their opinion to protect the Owner from loss because of: 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims; 3) Failure of the Contractor to make payments properly to Subcontractors,or for labor,materials or equipment; — 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another contractor; 6) Reasonable indication that the Work will not be completed within the Contract Time;or — 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them. The _ Owner reserves the right to withhold the payment of any monthly estimate,without payment of interest,if the Contractor fails to perform the Work in accordance with the specifications. 1-6 LIQUIDATED DAMAGES: The parties agree and acknowledge that actual damages are uncertain and difficult to ascertain because the Project relates to construction for a municipality. Normal damages of lost rent or profit are not applicable in this General Conditions of the Contract for Construction Lump Sum Contract Page 17 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 circumstance because the City is a municipality and the Project will not receive rent and the City will not have lost profits.Therefore, the parties agree that because City's actual damages are too difficult to ascertain that the liquidated damages stated below are .� reasonable and a correct representation of actual damages to the City.The parties also agree that the liquidated damages called for in this contract are not a penalty but an agreed upon damages calculation by two sophisticated parties.The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages per Day $15,000 or less $45 $15,001 to $25,000 $63 $25,001 to $50,000 $105 $50,001 to $100,000 $154 $100,000 to $500,000 $210 $500,001 to$1,000,000 $315 $1,000,001 to$2,000,000 $420 $2,000,001 to$5,000,000 $630 $5,000,001 to$10,000,000 $840 Over$10,000,000 $980 1-7 FAILURE OF PAYMENT: If,without fault on the part of the Contractor,the Architect should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment,if the Contractor's Application for Payment,or if, without fault on the part of the Contractor,the Owner should fail to approve such estimate or to pay to the Contractor 90%or 95%(as applicable)of the amount thereof within the period of time specified,then the Contractor may,upon seven(7)days additional written notice to the Owner and to the Architect,stop the Work until payment of the amount owing has been received. 1-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment,the Contractor must meet all provisions for Project Closeout. When the Contractor determines that the Work is substantially complete,the City shall inspect the project with the Contractor and the contractor will prepare a"Preliminary Punch List". When the Architect,on the basis of a subsequent inspection,determines that the Work is substantially complete,they then will prepare a Certificate of Substantial Completion(G704)which,when approved by the Owner,shall allow the Contractor to request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state the responsibilities of the Owner and the Contractor for maintenance,heat,utilities,and insurance,shall set forth the remaining work as a"final punch list".The Contractor shall complete the remaining work listed therein within 30 calendar days. When the Certificate of Occupancy has been issued,the retainage may be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced to 2.5%. Should the Contractor fail to complete all contractual requirements of the contract, including submittals and final pay request within the fixed time,the contract time will again commence. Should the Contractor fail to complete the work within the contract duration, liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payment: 1) Contractor's Affidavit of Payment of Debts and Claims (G706)stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or their property might in any way be responsible,have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment(G707),if any,to final payment, 3) Contractor's Affidavit of Release of Liens(G706A),and, 4) Other data establishing payment or satisfaction of all such obligations,such as receipts,releases, and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor,materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens,the Contractor may,at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify them against any right, claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made.The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right,claim or lien,including all costs and reasonable attorney's fees. The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. General Conditions of the Contract for Construction Lump Sum Contract Page 18 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 The Contractors one-year warranty will commence upon Substantial Completion of the Project.Trees will be warranted for a period of two-years per City ordinance.Prior to the expiration of the one year warranty there will be a walk through attended by the Owner, Architect, and Contractor to identify any items that need to be addressed.These items will be agreed upon by all parties and the contractor will complete the work within 30 days. The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. 1-9 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall bE responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.The Contractor shall designate a responsible member of their organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of,and shall provide all reasonable protection to prevent damage,injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care, custody or control of the Contractor or any of their Subcontractors or Sub-contractors;and (3) Other property at the site or adjacent thereto,including trees,shrubs,lawns,walks,pavements,roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. Until acceptance of the Work,it shall be under the charge and care of the Contractor,and they shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution — or from the non-execution of the Work.The Contractor shall rebuild,repair,restore and make good,at his own expense,all injuries or damages to any portion of the Work occasioned by any of the above,caused before completion and acceptance. The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss.They shall erect and maintain, as required by existing conditions and progress of the Work,all reasonable safeguards for safety and protection,including posting danger — signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work,the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable,shall be remedied by the Contractor,including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the — Architect or anyone employed by them or for whose acts they may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger safety. J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor,employees and visitors.Contractor shall provide hard hats for use by the consulting Architects and Engineers and visitors. — J-4 EMERGENCIES: In any emergency affecting the safety of persons or property,the Contractor shall act at their discretion to prevent threatened damage,injury or loss.Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of their workmen,City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work,the Contractor shall remove all their wastes and rubbish from and about the work area,as well as their tools,equipment and surplus materials and shall leave the area as clean and free of spot,stains,etc.,as before the work was undertaken. J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires,the Contractor shall include a per-unit cost for trench safety General Conditions of the Contract for Construction Lump Sum Contract Page 19 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 measures in their bid. If not included in the Proposal,the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in their Schedule of Values. SECTION K-INSURANCE K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until they have obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth,nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's Compensation. K-2 WORKERS'COMPENSATION INSURANCE 1) General: a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner(City)a certificate showing that it has obtained a policy of workers compensation insurance covering each of their employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy �- of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner(City). c) By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. d) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of Coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement(TWCC-81,TWCC-82, TWCC-83, or TWCC- 84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project("subcontractor"in section 406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation,independent contractors,subcontractors,leasing companies,motor carriers,owner-operators,employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors, office supply deliveries,and delivery of portable toilets. 3) Requirements: a) The Contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of ' any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services of the project,for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project,the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. d) The Contractor shall obtain from each person providing services on a project,and provide to the City: i) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and Pi) no later than seven days after receipt by the Contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. General Conditions of the Contract for Construction Lump Sum Contract Page 20 of 27 CFW PMD-Richardson Bass Roof Replacement March 2020 e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The Contractor shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services — on the project. g) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011(44)for all of their employees " providing services on the project,for the duration of the project; ii) provide to the Contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; iii) provide the Contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts,and provide to the Contractor: (1) a certificate of coverage,prior to the other person beginning work on the project;and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery, within ten (10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and vii) contractually require each person with whom it contracts,to perform as required by paragraphs h-i)-vii),with the certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker's Compensation Coverage: a) The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in _ at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any acditional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials,or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect them,the City of Fort Worth and any Subcontractor performing work covered by this Contract,from claims of damage which may arise from operations under this Contract,including blasting,when blasting is done on,or in connection with the Work of the Project, whether such operations be by themselves or by any Subcontractor or by anyone directly or indirectly _ employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on"any auto"including leased,hired,owned,non-owned and borrowed vehicles used in connection with this Contract. -- 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials, the Contractor,or subcontractor performing the removal,shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence;$2,000,000 aggregate limit. The coverage shall include any pollution exposure,including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. General Conditions of the Contract for Construction Lump Sum Contract Page 21 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation,the Contractor shall procure,pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire,lightning,windstorm, hurricane,hail, riot,explosion,civic commotion,smoke, aircraft,land vehicles,vandalism,and malicious mischief,at a limit equal to 100%of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site.If specifically required in the Instructions to Bidders,the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or their agents shall be covered. Upon completion of the Work,the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the Property Management Department,City of Fort Worth as a"Certificate Holder",and noting the specific project(s)covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by Contractor and their subcontractor(s),if applicable,shall be authorized to do business in the State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII,as stated in current edition of A.M.Best's Key Rating Guide. At the City's sole discretion,a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or self-insured retentions exceeding$10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation = or non-renewal in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled, upon request and without incurring expense,to review the insurance policies including endorsements thereto and,at their discretion,to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance r. policy or program maintained by the City of Fort Worth. 12) Contractor shall agree to either require their subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER: The Owner,without invalidating the Contract,may order Changes in the Work within the general scope _ of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor,Owner and the Architect,issued after the execution of the Contract,authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions,or by request of either the Contractor or the City,shall be coordinated with the Director,Property Management Department. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways: General Conditions of the Contract for Construction Lump Sum Contract Page 22 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 1) by mutual acceptance of a lump sum property itemized,including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon;or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methods set forth herein above is agreed upon,the Contractor,provided they receive a Change Order,shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings,including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases,the Contractor shall keep and present,in such form as the Architect shall prescribe,an itemized accounting together with — appropriate supporting data.Pending final determination of cost to the Owner,payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after the Contract has been executed,the Architect,requests a price proposal from the Contractor for a proposed change in scope of the work,Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended,forward the proposed change order request and price proposal to the Owner for approval.If approval is not recommended,the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution,the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. Contractor is advised that according to City of Fort Worth Charter,that,the City Council must approve all Change Orders and Work Orders which results in an increase in cost of the contract amount by over$100,000. Normal processing time for the City Staff to _ obtain City Council approval,once the recommended change order has been received at the City,is approximately thirty days.Owner and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. If unit prices are stated in the Contract Documents or subsequently agreed upon,and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor,the applicable unit prices shall be equitably adjusted to prevent such hardship. If the Contractor claims that additional cost or time is involved because of(1)any written interpretation issued pursuant to Section A, (2)any order by the Architect or Owner to stop the Work pursuant to Section B,where the Contract was not at fault,or(3)any written — order for a minor change in the Work,the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, they shall give the Architect written notice thereof within a reasonable time after the ,a occurrence of the event that gave rise to such claim.This notice shall be given by the Contractor before proceeding to execute the Work,except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J. No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim,if approved by the Owner,shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered,the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent jl5n. 2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent LlQn. L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS: The Architect may issue written Field Orders which interpret the Contract Documents, or which order minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner,it must be uncovered for observation and replaced,at the Contractor's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered,the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications,the cost of uncovering and replacement shall,by appropriate Change Order,be charged to the Owner. General Conditions of the Contract for Construction Lump Sum Contract Page 23 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 If such work be found not in accordance with the Plans and Specifications,the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Architect or Owner as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architect's additional service thereby made necessary. If,within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents,the Contractor shall correct it promptly after receipt of a written notice from the Owner to — do so,unless the Owner has previously given the Contractor a written acceptance of such condition,describing same specifically and not generally.The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner. Defective or non-conforming work shall be completed in a timely manner.The Contractor shall respond and/or repair any work that is deemed an emergency by the City within 24 hours.The Contractor shall respond and/or repair any other defective or non-conforming .. work within three working days. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the Owner,the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter,the Owner may upon ten additional days'written notice sell such work at auction or at private sale and shall account for the net proceeds thereof,after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Contractor should have borne,the difference shall be charged to the Contractor and an appropriate Change Order shall be issued.If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contractor shall pay the difference to the Owner. If the Contractor fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section G. The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon them by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non- conforming work,he may do so instead of requiring removal and correction,in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum,or,if the amount is determined after final payment,it shall be paid by the Contractor. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or ` other public authority having jurisdiction,through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor,or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I,then the Contractor may after the end of such period of 30 days and upon seven additional days'written notice to the Owner,terminate the Contract. N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt,or if they make a general assignment for the benefit of their creditors,or if a receiver is appointed on account of their insolvency,or if the Contractor refuses,except in cases for which extension of time is provided,to supply enough properly skilled workmen or proper materials,or if they fail to make prompt .. payment to Subcontractors or for materials or labor, or fails to comply with all Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents,then the Owner, on their own initiative that sufficient cause exists to justify such action,may, without prejudice to any rights or remedy and after giving the Contractor and their surety,if any,seven(7)days'written notice,terminate the employment of the Contractor and take possession of the site and of all materials,equipment,tools,construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method they may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the Architect's additional services exceed the unpaid balance of the Contract,the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part,whenever such termination is in the best interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the Contractor shall: General Conditions of the Contract for Construction Lump Sum Contract Page 24 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above,the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocable to the work not completed and further reduced by the amount of payments,if,any otherwise made. Contractor shall submit a claim for amounts due after termination as provided in this paragraph within,30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of Ouch claim under this paragraph,such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth,and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. SECTION O SIGNS The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for"Project Designation Signs."This sign shall be a part of this Contract and shall be included in the Contractor's Base Bid for the Project. The Contractor may install their company sign and shall allow the Architect to install their company sign.No other signs will be allowed. SECTION P TEMPORARY FACILITIES P-1 SCOPE: The Contractor shall furnish,erect,and maintain facilities and perform temporary work required in the performance of this Contract,including those shown and specified. P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless othenMse directed or specified hereunder. P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects — under$1,000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The Contractor shall provide a temporary field office building for themselves,their subcontractors and use by the Architect and Owner. For construction contracts with a bid price in excess of$1,000,000.00,the Contractor shall provide a separate field office for the City's — field representative(but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door,at least one window,adequate electrical outlets and lighting,and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During cold weather months,the field offices shall be suitably insulated and equipped _ with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the drawing shelf,provide for the City field representatives office:one desk,four chairs,plan rack and a four drawer filing cabinet(with lock).Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds and other temporary buildings or trailers on the project site as required for their use.Location of sheds and trailers shall be as approved by the Owner.Remove sheds when work is completed,or as directed. P-5 WIRELESS CONNECTION: The Contractor shall provide and pay for wireless internet connection(WIFI)for the City and Architect. P-6 TOILET FACILITIES: The Contractor shall provide proper,sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water and electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required to tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages,pressures,frequencies,etc.will be available to the Contractor. General Conditions of the Contract for Construction Lump Sum Contract Page 25 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 r Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to cant'water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps,tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary,electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines,lights,heating plant,air conditioning system,pumps,and other work required.Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed,in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100-watt lamps. In any event,the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas. = P-8 HEATING: Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation,fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating,ventilation and services shall be provided and maintained until final acceptance of all work. In addition,the Contractor shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing,setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7)days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION,EQUIPMENT AND PROTECTION: The Contractor shall provide,maintain,and remove upon completion of the work all temporary rigging,scaffolding,hoisting equipment,rubbish chutes,ladders to roof,barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with their sub-contractors. The Contractor shall provide,maintain, and remove upon completion of the work, or sooner, if authorized by the Owner,all fences, barricades,lights,shoring,pedestrian walkways,temporary fire escapes,and other protective structures or devices necessary for the safety of workmen,City employees,equipment,the public and property. All temporary construction and equipment shall conform to all regulations,ordinances,laws and other requirements of the authorities having jurisdiction,including insurance companies,with regards to safety precautions,operation and fire hazard. The Contractor shall provide and maintain pumping facilities,including power,for keeping the site,all times,whether from underground seepage,rainfall,drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a night The Contractor shall provide and maintain all barricades or enclosures,required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. T P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish,install and maintain during the life of the project a weather- tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. The bulletin board shall be mounted where and as approved by the Owner,in a prominent place accessible to employees of the Contractor and sub-contractors,and to applicants for employment. The bulletin board shall remain the property of the Contractor and shall be removed by them upon completion of the Contract work. The following information which will be furnished by the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38). b. Wage Rate Information Poster(Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. C. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract,venue for said action shall fie in Tarrant County,Texas. General Conditions of the Contract for Construction Lump Sum Contract Page 26 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 W FORT WORTH _ Attachment "A" Date: w NOTICE TO PROCEED Contractor Address Phone: (xxx)xxx-xxxx Project Name: Gentlemen: w Pursuant to the provisions of City Secretary Contract Number xxxxx this is your authority to proceed on the referenced project on date.Prior to commencing work,it will be necessary for you to contact James Diestel, Coristruction.Superintendent,who will be in charge of subject project,and make arrangements with him to inspect project construction.Hi may be contacted at(817)392-8072. Sincerely, James I3iestel Construction Superintendent w Cc:M/WBE Office File go IN PROPERTY MANAGEMENT DEPARTMENT FACILITIES DIVISION THE CITY OF FORT WORTH*401 WEST 13TH STREET*FORT WORTH,TEXAS 76102 (817)392-2586*FAx(817)392-8488 General Conditions of the Contract for Construction Lump Sum Contract Page 27 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 w .- FORTWORTH Attachment "A" Date: NOTICE TO PROCEED Contractor Address Phone:(xxx)xxx-xxxx Project Name: Gentlemen: Pursuant to the provisions of City Secretary Contract Number xxxxx this is your authority to proceed on the referenced project on date.Prior to commencing work,it will be necessary for you to contact James Diestel, Construction Superintendent,who will be in.charge of subject;project,and make 1wTangements with him tomspect project construction.He may be contacted at(817)392-8072. Sincerely, .. James Diestel Construction Superintendent R Cc:M/WBE Office File PROPERTY MANAGEMENT DEPARTMENT FACILITIES DIVISION THE CITY OF FORT WORTH*401 WEST 13TH STREET*FORT WORTH,TEXAS 76102 (817)392-2586*FAX(817)392-8488 General Conditions of the Contract for Construction Lump Sum Contract Page 27 of 27 CFW PMD—Richardson Bass Roof Replacement March 2020 CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT (LUMP SUM) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § This agreement made and entered into this the 3rd day of March A.D., 2020, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of - December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular, meeting of the City Council of said City, hereinafter called OWNER,and Trumble Construction, Inc.dba RBT Construction of the City of Texarkana County of Bowie , State of Texas, hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: _ City of Fort Worth WRMC Richardson Bass Roof Replacement 1591 Rip Johnson Drive Fort Worth, Texas Y Project PMD2019-08 City Project#101203 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with _ the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount shall be $3,182,888.00 including the Base Proposal ($1,729,398.00), Owner's Contingency Allowance ($222,062.00), and Alternate Nos. 1 thru 5 ($1,231,428.00). Insurance Requirements: The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approved such insurance. The _ Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors. Instruction to Offerors Page 23 of 34 City of Fort Worth-RB Roof Replacement(March 2020) a. WORKER'S COMPENSATION INSURANCE: • Statutory limits. • Employer's liability: • $100,000 disease each employee. $500,000 disease policy limit. • $100,000 each accident. b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death,and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. C. BUSINESS AUTOMOBILE LIABILITY: v $1,000,000 each accident. • The policy shall cover any auto used in the course of the project. d. BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA: • $1,000,000 each occurrence; $2,000,000 aggregate limit. • This insurance shall provide excess coverage over each line of liability insurance V required herein. The policy shall follow the form(s) of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. g. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. Instruction to Offerors Page 24 of 34 +- City of Fort Worth-RB Roof Replacement(March 2020) ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 200 Texas Street, Fort Worth, TX 76102, prior to commencement of work on the - contracted project. C. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days' notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the Owner. g. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in - favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to Owner's - officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of Owner, Contractor shall provide complete copies of all insurance - policies required by these contract documents. _ If this Contract is in excess of$25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Construction shall not start without a"Notice to Proceed".The Notice to Proceed shall not be issued without bonds in place. _ Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. Instruction to Offerors Page 25 of 34 City of Fort Worth-RB Roof Replacement(March 2020) If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Condi- tions,there shall be deducted from any monies due or which may thereafter become due him,the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and their Surety shall be liable to the Owner for such deficiency. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination.Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form(1-9),maintain photocopies of all supporting employment eligibility and identity documentation for all employees,and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor T shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than$100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the'Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company' shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing _ this Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. Instruction to Offerors Page 26 of 34 City of Fort Worth-RB Roof Replacement(March 2020) IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in four counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the day of alT�G A.D., 2020. Trumble Construction, Inc., dba RBT Construction APPROVED: - CITY OF FORT WORTH By: - By: Robert Trumble Jesus Chapa Vice President Deputy City Manager APPRIStev COMMENDED: RECORDED: By: By: ooke Mary J. er �� Director, Property Management Dept. City Secretary` \:t4 APPROVED AS TO FORM AND LEGALITY: By: M&C C-Number 20-0129 John B. Strong M&C Date 3-3-2020 Assistant City Attorney Form 1295 Cert No. 2020-581068 . 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. ccij� By: t"�Y-064, Brian R. Glass, AIA Architectural Services Manager FF,// SECRETARY Instruction to Offerors FV `N�,�'RT'41p ";� Page 27 of 34 City of Fort Worth-RB Roof Replacement(March 2020) RM Bond# HICSW-10-A7-0318 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Trumble Construction Inc,dba RBT Construction ,known as"Principal" herein, and _ Hudson Insurance ComR= a corporate surety(sureties),dtily authorized to do.business in the.State ofTexas,known as"Surety"herein pa (whether one or more), are held and firmly bound unto the City of Fort Worth, a rnunicipa.l corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of, T ree Miffion One Hundred Ei ht - o Thousaj3d Eight Hundred El h:t Ei ht Dollars and No Gents ($3,182.888.00);lawful money of the United States,to be paid in Fort Worth, Tarrant County,Texas,for _ the payment of which sum well and truly be made,we bind ourselves,our heirs,executors,administrators, successors and assigns;jointly and.severally,firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the 3rd day of March ,2020;which Contract is hereby refeiTed to and made a part hereof for all purposes as if fully set forth herein,to furnish all.materials,equipment, labor and other accessories as defined by law, in the prosecution of the.Work as provided for in said Contract and designated as W.RMC Richardson Bass Roof Reulaeemmnt located at 1591 Rig Johnson Drive;.Fort Worth,Texas tPMD2019-081 City Project#101203. d NOW.,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Principal shall 1 a all monies owing,to an. and all payment ent bond beneficiary as defined in Chapter 2253 of the Texas pay 8 y( )1 Ym ry( p s Government.Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void;otherwise to remain in full force and effect. This bond is made and executed.in compliance with the provisions of Chapter 2253 of the Texas Government Code,as.amended,and all liabilities on this bond shall be determined in accordance with the r provisions of said statute, t Instruction to Offerors Page 28 of 34 City of Fort Worth-RH Roof Replacement(March 204) IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 3rd day of March ,202:0, PRINCIPAL: Tremble.Construction,Inc.dba RPT Construction A `�I.Ipun111/anp� / Gonstruc ,o�e,.•p0- •log • ATTEST: BY: �-.-- m I Sib1, ,t1rE - SEAL t re ` I41111N (Principal)Secretary Name and Title .r Address: 1944 Clear Springs Rd,. Texarkana,TX 75501 Witness as to Principal SURETY: Hudson Insurance Company ATTEST, BY, (J Mr Signature i Mistie Risk,Attorney-in-Fact (Surety)Secretary Name and Title Address: 2255 Ridge Road Suite 333 i Rockwall TX 75087 A bley Robers,Bond Account Manager ' Witness as to Sur ty Telephone Number: 12_772_722a i *Note: If signed by an officer of the Surety,there must be on file a certified extract from the bylaws showing that this person has-autlio.rity to sign such obligation. if.Surety's physical address is different from its mailing address, both must be provided.. The date of the bond shall not be prior to the.date the Contract.is awarded, F si Instruction to Offerors Page 29 of 34 City of Fort Worth=RR Roof Replacement(March 2020) Bond# HI .SW-10-A7-0 j8 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,.. Trumbie Construction,Inc. dba RBT Constru:etion , known as"Principal"herein and —Hudson Insurance Company , a corporate . surety(sureties,if more than one)duly authorized to do business in the State of Texas;known as"Surety" Herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws'of Texas, known as "City" herein, in the.penal stem of, Three 101111on One Hundred Eighty-Two Thousand Eight Hundred. Eighty.Eight Dollars .and .No Cents. i ($3.182,888.00), lawful money of the United States,to be paid in Fort Worth, Tarrant County,Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City.awarded the 3rd day of March ,2020,which Contract is hereby referred to and made a part hereof for aft purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders,as provided for in said Contract designated as WRM:C Richardson Brass hoof Replacement located at 1591 Rip Johnson Drive,Fort Worth Texas (Pro ect PMD201948)City Protect#101.203.. ,* NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders,under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City,then this obligation shall be and become null and void,otherwise to remain � 7 in full force>and.effect. f PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County,Texas or the United States District.Court for the Northern District of Texas,port Worth Division. x . This bond .is made.and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code;as amended,and all liabilities on this bond shall be determined in accordance with the, provisions of said statue. Instruction to Offerors Page N of U City of Fort Worth-RB Roof Replacement(March 2020) i i MI WITNESS WHEREOF,. the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized.agents and officers on this the_Lr4 day of March 2020. PRINCIPAL: ,'rumble Construction..Inc dba RBT Construction •�••�o a Gonstruc,�o O 01 � �- BY: 1 -�-U —•- Signature =_^ SEAL ATTEST. a ,2 0 p 6 . (Principal)Secretary Name and Title Address: 1944 Clear Springs Rd. Texarkana,TX 75501 Witness a to.Principal s SU KETY: Hudson Insurance Company � BY:. Signature Mistie Beck,Attorney-in-Fact 3 Name and Title w � f Address: 2255 Ridge Road$uite 333 1 RnrkwallTy 7SOR7 s, 1 JAsWey 1 Witness as to ura°be`".BoadAccountManagu Telephone Number: 972-772-7220 l y.. *Note: If signed by an officer of the Surety Company,there must be oil file a cer if ed extract from the by-laws showing that this person has authority to sign such obligation. If'Surety's physical address is different ftoni its mailing ' address,both must be provided.The.date of the bond shall not be prior to the date the Contract is awarded. 4 , Instruction to Offerors Page 31 of 34 City of Fort Worth-RB.Roof Replacement(March 2620) R .. H u L SON HICSW-10-A7-0318 1.11UI1 N:t i t,F,tt+ P ~" POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY,a corporation of the State of Delaware,with offices at 100 William Street,New York, New York, 10038, has made,constituted and appointed,and by these presents, does make, constitute and appoint Tony Fierro,Jay Jordan,Johnny Moss,Mistie Beck,Jade Porter,Jeremy Barnett, Robert J.Shuya,Robert G.Kanuth,Jarrett Willson,Jack,Nottingham of the state of Texas its true and lawful Attorneys)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make, execute and deliver on its behalf,as Surety, bonds and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the suns of Ten Million Dollars ($II),000,000.00). Such bonds and undertakings when duly executed by said Attomey(s)-in-Fact,shall be binding upon said Company as fully and to the saute extent as if signed by file President of said Company under its corporate seal attested by its Secretary. W w In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thercunto duly ,�34rCC>, �ti on this_21st day of_Fchrumy 20 19 at New York,Now York. fD'' atj)� ll` HUDSON INSURANCE COMPANY Alle3t................................................ By............................................._........t:...._....... Dina Daskalakis Michael P.Cifone Corporate Secretary Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 21st day of February _ 20 19 before me personally came Michael P.Cifone to me known,who being by me duly sworn did depose and say that he is a Senior Vice Presidcnl of HUDSON INSURANCE C01'tPANY,the corporation described herein and which executed the above instrument, that he knows the seat of said Corporation,that the scat affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Corporation.and that he signed his`,"ON:4[uhyrjikc order. &� (Notarial Seat) .�`CJP�' ` CAMERON COIJRLAI� / Notary Public,State of New Yodu+ ' �QTA1�� Na01C0(372305 Qualified in New York County — Commission Expires June 4,2022 CERTIFICATION STATE OF NEW YORK COUNTY OF NEW YORK OF The undersigned Dina Daskatakis hereby certifies; That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Roard of Directors of Hudson Insurance Company dated July 27"',2007,and has not since been revoked,amended or modified: "RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion,to appoint such agent or agents,or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business,and to cmpowcr such agent or agents,or attorney or attorneys-in-tact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and rceognirrnccs,whether made by this Company as surety thereon or otherwise,indemnity contracts,contracts and certificates,and any and all other contracts and undertakings[Wade in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations regarding undertakings so[Wade;and F'URTHF.R RESOVLFD,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the original scat of the Company,to be valid and binding upon the Company with the same force and clTect as though manually affixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked,and furthuore that the Resolution of the Hoard of Directors,set forth in the said Power of Attorney is now in force. /�\ r i� `R raj c Witness the hand of the uudersibuucd and the scat of said Corporation this_ .r ---_day yr 20�� oc:b*eUe,p!,,.a�� Ry.......!:.::.......... .........I........... .... Dina Dasknlakis, C'nrporate Secretary POLICY NUMBER: 65322811 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Locations Of Covered Operations ANY PERSON OR ORGANIZATION TO WHOM LOCATIONS DESIGNATED AND YOU HAVE AGREED TO NAME AS ADDIT— DESCRIBED IN THE ABOVE IONAL INSURED BY WRITTEN CONTRACT MENTIONED WRITTEN CONTRACT OR AGREEMENT IF EXECUTED PRIOR TO OR AGREEMENT LOSS Information required to complete this Schedule, if not shown above,will be shown in the Declarations. PREMIUM 250 A. Section it — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodilyinjury" or damage" or "personal and advertising injury" N pp y caused, in whole or in part, by: property damage"occurring after: 1. Your acts or omissions; or 1• All work, including materials, parts or equipment furnished in connection with such — 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However. 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; _ Section III--Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 0 insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: 85322811 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE — Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION TO WHOM LOCATIONS DESIGNATED AND YOU HAVE AGREED TO NAME AS ADDI— DESCRIBED IN THE ABOVE TIONAL INSURED BY WRITTEN CONTRACT MENTIONED WRITTEN CONTRACT OR AGREEMENT IF THE CONTRACT OR OR AGREEMENT w AGREEMENT IS EXECUTED PRIOR TO LOSS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. j PREMIUM 1 ,100 A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these _ include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury' or if coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we your work" at the location designated and will pay on be half of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and 1. Required by the contract or agreement; or included in the "products -completed operations 2. Available under the applicable Limits of hazard". Insurance shown in the Declarations; However: 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law, and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ®Insurance Services Office, Inc., 2012 Page 1 of 1 85322811 COMMERCIAL GENERAL LIABILITY CG20380413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: PREMIUM 400 COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1. Any person or organization for whom you are exclusions apply: performing operations when you and such This insurance does not apply to: person or organization have agreed in writing 1. "Bodily injury", "property damage" or"personal in a contract or agreement that such person or and advertising injury" arising out of the organization be added as an additional insured rendering of, or the failure to render, any on your policy;and professional architectural, engineering or 2. Any other person or organization you are surveying services,including: required to add as an additional insured under a. The preparing, approving, or failing to the contract or agreement described in �. Paragraph 1. above. prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, Such person(s) or organization(s) is an additional change orders or drawings and insured only with respect to liability for "bodily specifications;or injury", "property damage" or "personal and b. Supervisory, inspection, architectural or advertising injury"caused, in whole or in part, by: engineering activities. a. Your acts or omissions;or This exclusion applies even if the claims against b. The acts or omissions of those acting on any insured allege negligence or other wrongdoing your behalf; in the supervision, hiring, employment, training or in the performance of your ongoing operations for monitoring of others by that insured, if the " the additional insured. occurrence" which caused the "bodily injury" or However, the insurance afforded to such "property damage", or the offense which caused additional insured described above; the "personal and advertising injury", involved the rendering of, or the failure to render, any a. Only applies to the extent permitted by law; professional architectural, engineering or and surveying services. b. Will not be broader than that which you are 2. "Bodily injury" or "property damage" occurring required by the contract or agreement to after: provide for such additional insured. a. All work, including materials, parts or ! A person's or organization(s status as an equipment furnished in connection with additional insured under this endorsement ends such work, on the project (other than when your operations for the person or service, maintenance or repairs) to be organization described in Paragraph 1. above are performed by or on behalf of the additional completed. insured(s) at the location of the covered operations has been completed;or CG 20 38 04 13 *Insurance Services Office, Inc., 2012 Page 1 of 2 b. That portion of"your work" out of which the 2. Available under the applicable Limits of injury or damage arises has been put to its Insurance shown in the Declarations; intended use by any person or organization whichever is less. other than another contractor or subcontractor engaged in performing This endorsement shall not increase the operations for a principal as a part of the applicable Limits of Insurance shown in the same project. Declarations. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 38 0413 Policy No. 85322811 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution y Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured } under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 85322811 CG 72 80 07 17 LIMITED EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. *Extended Property Damage *Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage *Coverage for non-owned watercraft is extended to 51 feet in length *Property Damage-Borrowed Equipment PREMIUM 200 *Property Damage Liability-Elevators *Coverage D-Voluntary Property Damage Coverage $5,000 Occurrence with a$10,000 Aggregate *Coverage E-Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate-$500 Deductible *Coverage F-Electronic Data Liability Coverage- $50,000 *Coverage G- Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate-$1,000 Deductible *Coverage H-Water Damage Legal Liability-$25,000 *Coverage I- Designated Operations Covered by a Consolidated(Wrap-Up) Insurance Program-Limited Coverage *Increase in Supplementary Payments: Bail Bonds to$1,000 *Increase in Supplementary Payments: Loss of Earnings to$500 *For newly formed or acquired organizations-extend the reporting requirement to 180 days *Broadened Named Insured *Automatic Additional Insured-Vendors *Automatic Additional Insured- Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You *Automatic Additional Insured-Managers or Lessor of Premises w *Additional Insured- Engineers,Architects or Surveyors Not Engaged by the Named Insured *Additional Insured-State or Governmental Agency or Subdivision or Political Subdivision-Permits or Authorizations *Additional Insured-Consolidated Insurance Program(Wrap-Up)Off-Premises Operations Only - Owners, Lessees or _ Contractors Automatic Status When Required in Construction Agreement With You *Additional Insured-Employee Injury to Another Employee *Automatically included-Aggregate Limits of Insurance(per location) *Automatically included-Aggregate Limits of Insurance (per project) *Knowledge of occurrence-Knowledge of an "occurrence", "claim or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee y' *Blanket Waiver of Subrogation *Liberalization Condition *Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. *"Insured Contract" redefined for Limited Railroad Contractual Liability _ * Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW *Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 12 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 72 80 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 12 CG 72 80 07 17 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. LIMITED EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT - This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART - SECTION I - COVERAGES A. The following changes are made at COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following: 'Bodily injury'or"property damage"expected or intended from the standpoint of the insured. This exclusion does T not apply to "bodily injury" or'property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 3. Non-Owned Watercraft At 2. Exclusions exclusion g.Aircraft,Auto Or Watercraft(2)(a)is deleted and replaced by the following: (a)Less than 51 feet long; _ 4. Property Damage—Borrowed Equipment At 2. Exclusions the following is added to paragraph (4)of exclusion j. Damage To Property: This exclusion does not apply to"property damage'to borrowed equipment while at a jobsite and while not being used to perform operations.The most we will pay for'property damage'to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. S. Property Damage Liability—Elevators At 2. Exclusions the following is added to paragraphs(3), (4)and (6)of exclusion j. Damage To Property: This exclusion does not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (including deductible)available to the insured,whether primary, excess, contingent or on any other basis, B. The following coverages are added: 1. COVERAGE D-VOLUNTARY PROPERTY DAMAGE COVERAGE 'Property damage"to property of others caused by the insured: a. While in your possession; or b. Arising out of"your work". Coverage applies at the request of the insured,whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j. Damage to Property is deleted and replaced by the following: — CG 72 80 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 12 , CG 72 80 07 17 j. Damage to Property "Property damage"to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any"automobile", "watercraft"or"aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. The amount we will pay is limited as described below in SECTION III -LIMITS OF INSURANCE For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 2. COVERAGE E -CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only: a. Item(4) of Exclusion j,does not apply. The amount we will pay is limited as described below in SECTION III-LIMITS OF INSURANCE For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 3. COVERAGE F-ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion p. of Coverage A —Bodily Injury And Property Damage Liability in Section I —Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: w p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of"bodily injury". b. "Property Damage"means: (1) Physical injury to tangible property, including all resulting loss of use of that property.All such loss of use — shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it; or — (3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate "electronic data", resulting from physical injury to tangible property.All such loss of"electronic data"shall be deemed to occur at the time of the"occurrence"that caused it. — For the purposes of this Electronic Data Liability Coverage, "electronic data" is not tangible property. The amount we will pay is limited as described below in SECTION III-LIMITS OF INSURANCE 4. COVERAGE G -PRODUCT RECALL EXPENSE a. Insuring Agreement (1) We will pay 90% of"product recall expense"you incur as a result of a"product recall'you initiate during the coverage period. (2) We will only pay for"product recall expense" arising out of"your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III-LIMITS OF INSURANCE CG 72 80 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 12 CG 72 80 07 17 b. Exclusions This insurance does not apply to"product recall expense" arising out of: (1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a"product recall". (2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the } manufacture,design,processing,storage, or transportation of"your product". (3) The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or .r directors. (5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6) "Bodily Injury'or"Property Damage". (7) Failure of"your product"to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. (9) Legal fees or expenses. (10) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of 'your product". (11) "Product recall expense" arising from the "product recall" of any of`your products" for which coverage is — excluded by endorsement. (12) Any"product recall"initiated due to the expiration of the designated shelf life of"your product". 5. COVERAGE H-WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage H (Section 1) applies to"property damage" arising out of water damage to premises that are both vented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The ! amount we will pay is limited as described below in SECTION III -LIMITS OF INSURANCE 6. COVERAGE I — DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM - The following exclusion is added to Paragraph 2. Exclusions of SECTION I — COVERAGES COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY: r. This insurance does not apply to "bodily Injury" or "property damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" for any "consolidated (Wrap-up) insurance program" which has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not a consolidated(Wrap-up) insurance program: a. Provides coverage identical to that provided by this Coverage Part; or b. Has limits adequate to cover all claims. ! This exclusion does not apply if a "consolidated (Wrap-up) insurance program" covering your operations has been cancelled, non-renewed or otherwise no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable. For purposes of this exclusion a "consolidated (wrap-up) insurance program" is a program providing insurance coverage to all parties for exposures involved with a particular (typically major) construction project. CG 72 80 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 12 CG 72 80 07 17 C. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Item 1.d.is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or'suit". including actual loss of earnings up to$500 a day because of time off from work. '- 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION N II - WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a.is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.f. is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured-Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and - (2) If coverage provided to the vendor is required by a contract or agreement,the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors,the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; CG 72 80 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 12 CG 72 80 07 17 (c) Any physical or chemical change in the product made intentionally by the vendor, (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the i distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts �. or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub-paragraphs d. or f.;or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 6. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You T a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with �. respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by taw; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after the equipment lease expires, 7. Additional Insured—Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any"occurrence"which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s)or organization(s) shown in the Schedule. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law;and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or T agreement to provide for such additional insured. CG 72 80 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 12 CG 72 80 07 17 8. Additional Insured -Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for"bodily injury" or"property damage"or"personal and advertising injury" which may be imputed to that architect,engineer or surveyor arising out of: (1) Your acts or omissions,or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you,are contractually required to be added as an additional insured to your policy. However,the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders,designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the 'bodily injury" or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 9. Additional Insured -State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law;and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government,state or municipality; or (2) "Bodily injury"or"property damage"included within the"products-completed operations hazard". 10. Additional Insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only -Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek - coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program.A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. CG 72 80 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 12 CG 72 80 0717 b. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or 4 failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection 11. Additional Insured -Employee Injury to Another Employee �. With respect to your"employees"who occupy positions which are supervisory in nature: Paragraph 2.a.(1)of SECTION II—WHO IS AN INSURED is amended to read: a. "Bodily injury"or"personal and advertising injury" (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (f you are a limited liability company); (2) For which there is any obligation to share damages with or repay someone else who must pay damages V because of the injury described in paragraph (1)(a)above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. For the purpose of this Item 11 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct,discipline or discharge. — SECTION III - LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage H. 3. The Products-Completed Operations Aggregate Limit is the most wE� will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "rroducts-completed operations hazard" and Coverage G. 6. Subject to 5. above,the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented — to you or temporarily occupied by you with permission of the owner. B. The following are added: 8. Subject to Paragraph S. of SECTION III — LIMITS OF INSURANCE $25,000 is the most we will pay under ! Coverage H for Water Damage Legal Liability. 9. Coverage G -Product Recall Expense Aggregate Limit$50,000 T Each Product Recall Limit$25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls"you initiate during the endorsement period. CG 72 80 0717 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 12 CG 72 80 0717 b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate during the endorsement period. We will only pay for the amount of Product Recall Expenses which are in excess of the deductible amount. The deductible applies separately to each Product Recall. The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner, "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance(Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. 12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 11 of SECTION II—WHO IS AN INSURED above, the following is added: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; b. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. w This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13. Subject to 5. of SECTION III— LIMITS OF INSURANCE, a $5,000 "occurrence" limit and a $10,000"aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D-Voluntary Property Damage Coverage. For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 14. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E -Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or _ c. Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that"occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon _ notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences"during one policy period. CG 72 80 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 12 CG 72 80 0717 For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggcegate Limit for each coverage, and we are granted discretion in making payments under this coverage. 15. Subject to 5. of SECTION III — LIMITS OF INSURANCE, the most we will pay for "property damage" under Coverage F - Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the number of'occurrences" — SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended: _. 1. Knowledge of Occurrence a. Condition 2., Items a. and b. are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit -� (a) You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: i. How,when and where the "occurrence"took place; ii. The names and addresses of any injured persons and witnesses, and — iii. The nature and location of any injury or damage arising out of the"occurrence"or offense. (b) If a claim is made or"suit"is brought against any insured,you must: i. Immediately record the specifics of the claim or"suit"and the date received;and T ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or"suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION II — WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b.Excess Insurance (1).(a)is replaced by the following: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis,that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. B. The following are added: T 10. Condition (5)of 2.c. (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. — 11. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or'property damage' occurs or the "personal and advertising injury" — offense is committed. 12. Liberalization If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes r effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. CG 72 80 0717 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 12 CG 72 80 07 17 13. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose - all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 14. The following conditions are added in regard to Coverage G-Product Recall Expense In event of a "product recall", you must a. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice .- should include how, when and where the "product recall"took place and estimated "product recall expense". b. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. d. Permit us to inspect and obtain other information proving the loss. You must send us a signed, swom _ statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claim. f. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 16. Limited Railroad Contractual Liability ` The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract"in the DEFINITIONS section of this endorsement: a. Railroad Protective Liability coverage provided by ISO form CG 0035 with minimum limits of$2,000,000 per occurrence and a$6,000,000 general aggregate limit must be in place for the entire duration of any project. b. Any amendment to the Other Insurance condition of form CG 0035 alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage afforded by the redefined "insured contract" language. c. For the purposes of the Other Insurance condition of form CG 0035 you,the named insured, will be deemed to be the designated contractor. SECTION V - DEFINITIONS A. At item 12. Mobile Equipment the wording at f.(1)is deleted and replaced by the following: U(1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or Y (c) Street cleaning; except for such vehicles that have a gross vehicle weight less than 1,000 Ibs which are not designed for highway use. B. Item 3."bodily injury"is deleted and replaced with the following: 3. "bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury,shock, fright or death that results from such physical injury, sickness or disease. C. Item 9. "Insured Contract"c. is deleted and replaced with the following: c. Any easement or license agreement; CG 72 80 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 12 CG 72 80 07 17 D. Item 9. "Insured Contract'f.(1)is deleted E. The following definitions are added for this endorsement only: 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall' means a withdrawal or removal from the market of"your product" based on the determination by you or any regulatory or governmental agency that: a. The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and b. Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: (1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of"your product"; or (2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. 25. "Product recall expense"means reasonable and necessary expenses for: a. Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. b. Transporting recalled products from any purchaser,distributor or user,to locations designated by you. c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. R d. Transportation and accommodation expense incurred by your employees. e. Rental expense incurred for temporary locations used to store recalled products. f. Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a"product recall". CG 72 80 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 12 Policy No. 85322811 COMMERCIAL AUTO CA 71 09 01 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS COVERAGEINDEX DESCRIPTION PAGE Temporary Substitute Auto Physical Damage 2 Broad Form Insured 2 Employee as Insureds 2 _ Additional Insured Status by Contract, Agreement or Permit 2 Bail Bond Coverage 3 Loss of Earnings Coverage 3 Amended Fellow Employee Coverage 3 Towing and Labor 3 Physical Damage Additional Transportation Expense Coverage 3 Extra Expense -Theft 3 Rental Reimbursement and Additional Transportation Expense 4 Personal Effects Coverage 4 Personal Property of Others 4 Locksmith Coverage 4 r„ Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio, Visual and Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 5 Glass Repair— Deductible Amendment 5 Amended Duties in the Event of Accident, Claim, Suit or Loss 6 Waiver of Subrogation Required by Contract 6 Unintentional Failure to Disclose 6 Hired, Leased, Rented or Borrowed Auto Physical Damage 6 i Mental Anguish 7 Extended Cancellation Condition 7 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (Temporary Substitute Auto Physical Damage) A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I - COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language: - If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, 'loss", or destruction B. BROADENED LIABILITY COVERAGES SECTION II - LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following: (Broad Form Insured) d. Any legally incorporated subsidiary in which you own more than 5C% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. - e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limits of Insurance under any other policy, or -- (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred — before you formed or acquired the organization. (Employee as Insureds) f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. (Additional Insured Status by Contract,Agreement or Permit) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of ,hls policy; and (2) Executed prior to the "bodily injury" or"property damage." The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the location(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limits of Insurance. - For any covered "auto" you own this Coverage Form provides primary coverage. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 C. BROADENED SUPPLEMENTARY PAYMENTS SECTION II. LIABILITY A. Coverage 2. Coverage Extensions a. Supplementary Payments (2) and (4) are replaced by the following: (Bail Bond Coverage) (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (Loss of Earnings Coverage) (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a day because of time off from work. (Amended Fellow Employee Exclusion) D. AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your "employees" who occupy positions which are supervisory in nature, SECTION II. LIABILITY B. -- Exclusion 5. Fellow Employee is replaced by: 5. Fellow Employee "Bodily Injury": a. To you, or your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); b. To your "executive officers" and directors (if you are an organization other than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; c. For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph a and b above; or d. Arising out of his or her providing or failing to provide professional health care services. For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer, direct, discipline or discharge. E. BROADENED PHYSICAL DAMAGE COVERAGES SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage is amended as follows: (Towing and Labor) 2. Towing is deleted and replaced with the following: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles we will pay up to $100 per disablement. b. For all other covered "auto's" we will pay up to $500 per disablement However, the labor must be performed at the place of disablement. (Physical Damage Additional Transportation Expense Coverage) 4. Coverage Extensions a. Transportation Expenses is amended to provide the following limits: We will pay up to $60 per day to a maximum of $1,800. All other terms and provisions of this section remain applicable. The following language is added to 4. Coverage Extensions: (Extra Expense—Theft) c. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 (Rental Reimbursement and Additional Transportation Expense) d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a �. covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in addition to the otherwise applicable coverage you have on a covered "auto." No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or '- (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or - (b) $75 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If"loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. (Personal Effects Coverage) e. Personal Effects R If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured". (Personal Property of Others) f. Personal Property of Others We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overtum. No deductibles apply to this coverage. (Locksmith Coverage) g. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto". The deductible is waived for these services. Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 (Vehicle Wrap Coverage) h. Vehicle Wrap Coverage If you have Comprehensive or Collision coverage on an "auto" that is a total loss, in addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage for any one 'loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. (Airbag Accidental Discharge) F. SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended at 3. to include the following language: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. G. BROADENED LIMITS OF INSURANCE (Audio, Visual and Data Electronic Equipment Coverage) SECTION III — PHYSICAL DAMAGE COVERAGE —C. Limit of Insurance at 1.b. is amended to provide the following limits: b. Limits of $1,000 per 'loss" is increased to $5,000 per 'loss". All other terms and provisions of this section remain applicable. (Auto Loan/Lease Total Loss Protection) SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance is amended by adding the following - language: 4. In the event of a total 'loss" to a covered "auto" shown in the Schedule pages, subject at the time of the 'loss" to a loan or lease, we will pay any unpaid amount due including up to a maximum of$500 for early termination fees or penalties on the lease or loan for a covered"auto" less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease /loan payments at the time of the 'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. (Glass Repair—Deductible Amendment) H. GLASS REPAIR — DEDUCTIBLE SECTION III —PHYSICAL DAMAGE COVERAGE — D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 (Amended Duties in the Event of Accident, Claim, Suit or Loss) 1. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions , the following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or"loss" has been received by: (1) You, if you are an individual; } (2) Any partner or insurance manager if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization. (Waiver of Subrogation by Contract) J. WAIVER OF SUBROGATION REQUIRED BY CONTRACT " Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery Against Others to Us the following language is added: However, we waive any rights of recovery we may have against the person or organization with whom you have — agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or"property damage." - (Unintentional Failure to Disclose) K. UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions , the following is added to 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights — under this Coverage Form. (Hired, Leased, Rented or Borrowed Auto Physical Damage) L. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV — BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b. is replaced by the following: b. (1) For "Comprehensive" and "Collision" Auto Physical Damage coverage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any Covered "auto" you lease, hire, rent or borrow; and (b) Any Covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" _ (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $75,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 Minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and, "loss" caused by falling objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. (Mental Anguish) M. MENTAL ANGUISH Under SECTION V—DEFINITIONS, C. is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish or death resulting from bodily injury, sickness, or disease. (Extended Cancellation Condition) N. EXTENDED CANCELLATION CONDITION Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 Policy No. 85322811 CA 73 34 09 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY -OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following language replaces SECTION IV BUSINESS AUTO CONDITIONS Part B. General Conditions 5. Other Insurance c.: c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". This coverage will also be non-contributory if it is required by the terms of the "insured contract". CA 73 34 09 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 TeX,qSMutuar WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. _ This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 5/12/19 at 12:01 a.m.standard time,forms a part of: Policy no. 0001287427 of Texas Mutual Insurance Company effective on 5/12/19 Issued to: TRUMBLE CONSTRUCTION INC DBA: RBT CONSTRUCTION de-- This is not a bill - Authorized representative NCCI Carrier Code: 29939 5/14/19 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) — WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that _ you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket - AR Where required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated, (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective Date,05/12/2019 Policy No. WC 928508406424 Endorsement No. Policy Effective Date: 05/12/2019 to 05/12/2020 Premium$ Insured: TRUMBLE CONSTRUCTION INC DBA. RBT CONSTRUCTION Carrier Name I Code:Argonaut Insurance Company WC 00 03 13 Countersigned by (Ed.4-84) 4 1963 National Council on Compensation rnsurence. Page 1 of I - WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) - WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) THs agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket - LA Where required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otheWse stated. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective Date.05/12/2019 Policy No WC 926508406424 Endorsement No. Policy Effective Date: 05/12/2019 to 05/12/2020 Premium$ - insured: TRUMBLE CONSTRUCTION INC DBA. RBT CONSTRUCTION Carrier Name I Code:Argonaut Insurance Company ~ WC 00 03 13 Countersigned by (Ed. 4-84) 1983 National Council on Cornpensailon Insurance. Page 1 of 1 COMMERCIAL LIABILITY UMBRELLA CU 00 01 0413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. No other obligation or liability to pay sums or r Read the entire policy carefully to determine rights, perform acts or services is covered unless duties and what is and is not covered. explicitly provided for under Supplementary Throughout this policy the words 'you" and 'your" Payments—Coverages A and B. refer to the Named Insured shown in the Declarations, b. This insurance applies to "bodily injury" or and any other person or organization qualifying as a "property damage" that is subject to an Named Insured under this policy. The words 'We", 'tus" applicable Tetained limit". If any other limit, and "our" refer to the company providing this such as a sublinit, is specified in the — insurance. "underlying insurance", this insurance does not The word 'insured"means any person or organization apply to 'bodily injury" or "property damage" qualifying as such under Section II — Who Is An arising out of that exposure unless that limit is Insured. specified in the Declarations under the _ Other words and phrases that appear in quotation Schedule of"underlying insurance". marks have special meaning. Refer to Section V — c. This insurance applies to 'bodily injury" and Definitions. "property damage"only if: SECTION 1 —COVERAGES (1) The "bodily injury" or "property damage" is T caused by an "occurrence" that takes place COVERAGE A—BODILY INJURY AND PROPERTY in the"coverage territory"; DAMAGE LIABILITY (2) The "bodily injury" or "property damage" 1. Insuring Agreement occurs during the policy period; and a. We will pay on behalf of the insured the (3) Prior to the policy period, no insured listed "ultimate net loss" in excess of the 'Yetained under Paragraph 1.a. of Section II —Who Is limit" because of "bodily injury" or "property An Insured and no "employee" authorized T damage" to which this insurance applies. We by you to give or receive notice of an will have the right and duty to defend the "occurrence"or claim, knew that the 'bodily insured against any "suit"seeking damages for injury" or "property damage" had occurred, t such bodily injury or property damage when in whole or in part. If such a listed insured the "underlying insurance" does not provide or authorized "employee"knew, prior to the coverage or the limits of"underlying insurance policy period, that the 'bodily injury" or have been exhausted. When we have no duty 'property damage" occurred, then any T to defend, we will have the right to defend, or continuation, change or resumption of such to participate in the defense of, the insured 'bodilyinjury" "property " or damage" during against any other "suit" seeking damages to or after the policy period will be deemed to which this insurance may apply. However, we have been known prior to the policy period. will have no duty to defend the insured against any "suit"seeking damages for"bodily injury"or d. "Bodily injury" or "property damage" which "property damage" to which this insurance occurs during the policy period and was not, does not apply. At our discretion, we may prior to the policy period, known to have -- investigate any "occurrence" that may involve occurred by any insured listed under this insurance and settle any resultant claim or Paragraph 1.a. of Section 11 — Who Is An "suit" for which we have the duty to defend. Insured or any "employee"authorized by you to But: give or receive notice of an "occurrence" or — claim, includes any continuation, change or (1) The amount we will pay for the "ultimate net resumption of that 'bodily injury" or "property loss"is limited as described in Section III — damage"after the end of the policy period. Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages Aor B. CU 00 010413 0 Insurance Services Office, Inc., 2012 Page 1 of 18 e. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1.a. of Section II —Who Is An resolution proceeding in which damages Insured or any "employee"authorized by you to to which this insurance applies are _ give or receive notice of an "occurrence" or alleged. claim: c. Liquor Liability (1) Reports all, or any part, of the'bodily injury" "Bodily injury" or "property damage" for which or "property damage" to us or any other any insured may be held liable by reason of: insurer; (2) Receives a written or verbal demand or (1) Causing or contributing to the intoxication of any person; claim for damages because of the "bodily injury"or"property damage"; or (2) The furnishing of alcoholic beverages to a (3) Becomes aware by any other means that person under the legal drinking age or 'bodily injury" or "property damage" has under the influence of alcohol; or occurred or has begun to occur. (3) Any statute, ordinance or regulation relating f. Damages because of 'bodily injury" include to the sale, gift, distribution or use of damages claimed by any person or alcoholic beverages. organization for care, loss of services or death This exclusion applies even if the claims resulting at any time from the'bodily injury". against any insured allege negligence or other 2. Exclusions wrongdoing in: This insurance does not apply to: (a) The supervision, hiring, employment, training or monitoring of others by that a. Expected Or Intended Injury insured; or "Bodily injury" or "property damage" expected (b) Providing or failing to provide or intended from the standpoint of the insured. transportation with respect to any This exclusion does not apply to 'bodily injury" person that may be under the influence resulting from the use of reasonable force to of alcohol; protect persons or property. if the "occurrence" which caused the 'bodily b. Contractual Liability injury" or "property damage" involved that 'Bodily injury" or "property damage" for which which is described in Paragraph (1), (2) or (3) the insured is obligated to pay damages by above. reason of the assumption of liability in a However, this exclusion applies only if you are contract or agreement. This exclusion does not in the business of manufacturing, distributing, apply to liability for damages: selling, serving or furnishing alcoholic (1) That the insured would have in the absence beverages. For the purposes of this exclusion, of the contract or agreement;or permitting a person to bring alcoholic beverages on your premises, for consumption (2) Assumed in a contract or agreement that is on your premises, whether or not a fee is an 'Insured contract", provided the "bodily charged or a license is required for such injury" or "property damage" occurs activity, is not by itself considered the business = subsequent to the execution of the contract of selling, serving or furnishing alcoholic or agreement. Solely for the purposes of beverages. liability assumed in an 'Insured contract", This exclusion does not apply to the extent that _ reasonable attorneys' fees and necessary litigation expenses incurred by or for a valid "underlying insurance" for the liquor liability risks described above exists or would party other than an insured are deemed to o be damages because of 'bodily injury" or have existed but for the exhaustion of "property damage", provided: underlying limits for 'bodily injury" and "property damage".To the extent this exclusion (a) Liability to such party for, or for the cost does not apply, the insurance provided under of, that party's defense has also been this Coverage Part for the liquor liability risks assumed in the same 'insured contract"; described above will follow the same and provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. Page 2 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 0413 d. Workers'Compensation And Similar Laws This exclusion does not apply to the extent that Any obligation of the insured under a workers' valid '1underlying insurance"for the employer's compensation, disability benefits or liability risks described above exists or would unemployment compensation law or any similar have existed but for the exhaustion of law. underlying limits for 'bodily injury". To the extent this exclusion does not apply, the e. ERISA insurance provided under this Coverage Part Any obligation of the insured under the for the employer's liability risks described Employee Retirement Income Security Act of above will follow the same provisions, 1974 (ERISA), and any amendments thereto or exclusions and limitations that are contained in any similar federal, state or local statute. the applicable %inderlying insurance", unless f. Auto Coverages otherwise directed by this insurance. (1) "Bodily injury"or "property damage"arising h. Employment-related Practices out of the ownership, maintenance or use "Bodily injury"to: of any "auto"which is not a "covered auto"; (1) A person arising out of any: or (a) Refusal to employ that person; _ (2) Any loss, cost or expense payable under or resulting from any first-party physical (b) Termination of that person's damage coverage; no-fault law; personal employment; or injury protection or auto medical payments (c) Employment-related practices, policies, _ coverage; or uninsured or underinsured acts or omissions, such as coercion, motorist law. demotion, evaluation, reassignment, g. Employer's Liability discipline, defamation, harassment, humiliation, discrimination or malicious — "Bodily injury"to: prosecution directed at that person; or (1) An "employee" of the insured arising out of (2) The spouse, child, parent, brother or sister and in the course of: of that person as a consequence of'bodily (a) Employment by the insured; or injury" to that person at whom any of the ! (b) Performing duties related to the conduct employment-related practices described in of the insured's business; or Paragraph (a), (b), or(c)above is directed. (2) The spouse, child, parent, brother or sister This exclusion applies whether the injury- of that "employee" as a consequence of causing event described in Paragraph (a), (b) Paragraph (1)above. or(c) above occurs before employment, during employment or after employment of that This exclusion applies whether the insured may person. — be liable as an employer or in any other capacity, and to any obligation to share This exclusion applies whether the insured may damages with or repay someone else who must c liable as an employer or in any other pay damages because of the injury. capacity, and to any obligation to share damages with or repay someone else who must This exclusion does not apply to liability pay damages because of the injury. assumed by the insured under an 'insured i. Pollution contract". _ With respect to injury arising out of a "covered (1) "Bodily injury" or "property damage" which auto", this exclusion does not apply to 'bodily would not have occurred in whole or part injury" to domestic "employees" not entitled to but for the actual, alleged or threatened workers' compensation benefits. For the discharge, dispersal, seepage, migration, purposes of this insurance, a domestic release or escape of"pollutants"at any time; "employee" is a person engaged in household or or domestic work performed principally in (2) "Pollution cost or expense". connection with a residence premises. CU 00 010413 0 Insurance Services Office, Inc., 2012 Page 3 of 18 This exclusion does not apply if valid (5) Aircraft that is: "underlying insurance"for the pollution liability (a) Chartered by, loaned to, or hired by you risks described above exists or would have with a paid crew; and existed but for the exhaustion of underlying limits for 'bodily injury"and "property damage". (b) Not owned by any insured. To the extent this exclusion does not apply, the k. Racing Activities insurance provided under this Coverage Part "Bodily injury"or "property damage"arising out for the pollution risks described above will of the use of "mobile equipment" or "autos"in, follow the same provisions, exclusions and or while in practice for, or while being prepared limitations that are contained in the applicable „ for, any prearranged professional or organized 'underlying insurance", unless otherwise racing, speed, demolition, or stunting activity directed by this insurance. or contest. j. Aircraft Or Watercraft I. War "Bodily injury"or "property damage"arising out "Bodily injury" or "property damage", however of the ownership, maintenance, use or caused,arising, directly or indirectly, out of: entrustment to others of any aircraft or watercraft owned or operated by or rented or (1) War, including undeclared or civil war; loaned to any insured. Use includes operation (2) Warlike action by a military force, including and "loading or unloading". action in hindering or defending against an This exclusion applies even if the claims actual or expected attack, by any against any insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents; or employment, training or monitoring of others (3) Insurrection, rebellion, revolution, usurped by that insured, if the "occurrence" which power, or action taken by governmental caused the 'bodily injury"or "property damage" authority in hindering or defending against involved the ownership, maintenance, use or any of these. entrustment to others of any aircraft or watercraft that is owned or operated by or m. Damage To Property rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property: (1) A watercraft while ashore on premises you (a) You own, rent, or occupy, including any own or rent; costs or expenses incurred by you, or (2) A watercraft you do not own that is: any other person, organization or entity, for repair, replacement, enhancement, (a) Less than 50 feet long; and restoration or maintenance of such (b) Not being used to carry persons or property for any reason, including property for a charge; prevention of injury to a person or (3) Liability assumed under any 'Insured damage to another's property; or contract"for the ownership, maintenance or (b) Owned or transported by the insured use of aircraft or watercraft; and arising out of the ownership, (4) The extent that valid "underlying insurance" maintenance or use of a"covered auto". for the aircraft or watercraft liability risks (2) Premises you sell, give away or abandon, if described above exists or would have the "property damage"arises out of any part existed but for the exhaustion of underlying of those premises; limits for 'bodily injury" or "property (3) Property loaned to you; damage". To the extent this exclusion does not apply,the insurance provided under this (4) Personal property in the care, custody or Coverage Part for the aircraft or watercraft control of the insured; risks described above will follow the same (5) That particular part of real property on provisions, exclusions and limitations that which you or any contractors or are contained in the "underlying insurance", subcontractors working directly or indirectly unless otherwise directed by this insurance; on your behalf are performing operations, if - or the "property damage" arises out of those operations; or Page 4 of 18 0 Insurance Services Office, Inc., 2012 CU 00 01 0413 (6) That particular part of any property that (3) "Impaired property"; must be restored, repaired or replaced if such product, work,or property is withdrawn - because 'your work" was incorrectly or recalled from the market or from use by any performed on it. person or organization because of a known or Paragraph (2) of this exclusion does not apply suspected defect, deficiency, inadequacy or if the premises are 'your work"and were never dangerous condition in it. occupied, rented or held for rental by you. r. Personal And Advertising Injury Paragraphs (1)(b), (3), (4), (5) and (6) of this "Bodily injury" arising out of "personal and exclusion do not apply to liability assumed advertising injury". - under a sidetrack agreement. s. Professional Services Paragraphs (3) and (4) of this exclusion do not apply to liability assumed under a written Trailer "Bodily injury" or "property damage" due to Interchange agreement. rendering of or failure to render any Paragraph (6) of this exclusion does not apply professional service. This includes but is notlimited to: to "property damage"included in the "products- completed operations hazard". (1) Legal, accounting or advertising services; n. Damage To Your Product (2) Preparing, approving, or failing to prepare "Property damage"to'your product"arising out or approve, maps, shop drawings, opinions, reports, surveys, field orders, of it or any part of it. change orders or drawings or o. Damage To Your Work specifications; 'Property damage"to 'your work"arising out of (3) Inspection, supervision, quality control, it or any part of it and included in the architectural or engineering activities done T "products-completed operations hazard". by or for you on a project on which you This exclusion does not apply if the damaged serve as construction manager; work or the work out of which the damage (4) Engineering services, including related arises was performed on your behalf by a supervisory or inspection services; — subcontractor. (5) Medical, surgical, dental, X-ray or nursing p. Damage To Impaired Property Or Property Not services treatment,advice or instruction; Physically Injured (6) Any health or therapeutic service treatment, 'Property damage" to 'Impaired property" or advice or instruction; property that has not been physically injured, arising out of: (7) Any service,treatment, advice or instruction for the purpose of appearance or skin _ (1) A defect, deficiency, inadequacy or enhancement, hair removal or replacement, dangerous condition in 'your product" or or personal grooming or therapy; 'Your work'; or (8) Any service,treatment, advice or instruction (2) A delay or failure by you or anyone acting relating to physical fitness, including on your behalf to perform a contract or service, treatment, advice or instruction in agreement in accordance with its terms. connection with diet, cardiovascular fitness, This exclusion does not apply to the loss of bodybuilding or physical training programs; use of other property arising out of sudden (9) Optometry or optical or hearing aid services and accidental physical injury to 'your product" including the prescribing, preparation, or 'your work" after it has been put to its fitting, demonstration or distribution of intended use. ophthalmic lenses and similar products or q. Recall Of Products, Work Or Impaired Property hearing aid devices; Damages claimed for any loss, cost or expense (10) Body piercing services; incurred by you or others for the loss of use, (11) Services in the practice of pharmacy; withdrawal, recall, inspection, repair, (12) Law enforcement or firefighting services; replacement, adjustment, removal or disposal and of: (1) "Your product"; (13) Har dling, embalming, disposal, burial, cremation or disinterment of dead bodies. (2) "Your work"; or CU 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 5 of 18 This exclusion applies even if the claims COVERAGE B—PERSONAL AND ADVERTISING against any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement employment, training or monitoring of others by that insured, if the "occurrence" which a. We will pay on behalf of the insured the caused the "bodily injury"or"property damage", "ultimate net loss" in excess of the 'Yetained involved the rendering of or failure to render limit" because of "personal and advertising any professional service. injury"to which this insurance applies. We will t Electronic Data have the right and duty to defend the insured - against any "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, inability to access "underlying insurance" does not provide or inability to manipulate electronic data. coverage or the limits of"underlying insurance" However, this exclusion does not apply to have been exhausted. When we have no duty liability for damages because of"bodily injury". to defend, we will have the right to defend, or to participate in the defense of, the insured As used in this exclusion, electronic data against any other "suit" seeking damages to - means information, facts or programs stored as which this insurance may apply. However, we or on, created or used on, or transmitted to or will have no duty to defend the insured against from computer software, including systems and any "suit" seeking damages for "personal and applications software, hard or floppy disks, advertising injury"to which this insurance does CD-ROMs, tapes, drives, cells, data processing not apply.At our discretion,we may investigate devices or any other media which are used with any offense that may involve this insurance and electronically controlled equipment. settle any resultant claim or "suit"for which we This exclusion does not apply if valid have the duty to defend. But: "underlying insurance" for the electronic data (1) The amount we will pay for the "ultimate net risks described above exists or would have loss" is limited as described in Section III — existed but for the exhaustion of underlying Limits Of Insurance;and limits for 'bodily injury"and "property damage". The insurance provided under this Coverage (2) Our right and duty to defend end when w Part will follow the same provisions, exclusions have used up the applicable limit off and limitations that are contained in the insurance in the payment of judgments or applicable "underlying insurance", unless settlements under Coverages Aor B. otherwise directed by this insurance. No other obligation or liability to pay sums or u. Recording And Distribution Of Material Or perform acts or services is covered unless Information In Violation Of Law explicitly provided for under Supplementary Bodily injury or property damage" arising Payments—Coverages A and B. directly or indirectly out of any action or b. This insurance applies to "personal and omission that violates or is alleged to violate: advertising injury" that is subject to an applicable 'retained limit". If any other limit, (1) The Telephone Consumer Protection Act such as a sublimit, is specified in the (TCPA), including any amendment of or "underlying insurance", this insurance does not addition to such law; apply to "personal and advertising injury" (2) The CAN-SPAM Act of 2003, including any arising out of that exposure unless that limit is amendment of or addition to such law; specified in the Declarations under the (3) The Fair Credit Reporting Act (FCRA), and Schedule of"underlying insurance". any amendment of or addition to such law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury"caused by an offense arising Transactions Act(FACTA); or out of your business but only if the offense was (4) Any federal, state or local statute, ordinance committed in the "coverage territory"during the a or regulation, other than the TCPA, CAN- policy period. SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Page 6 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 0413 2. Exclusions (9) Infringement Of Copyright, Patent, This insurance does not apply to: Trademark Or Trade Secret a. 'Personal and advertising injury": Arising out of the infringement of copyright, patent, trademark, trade secret or other (1) Knowing Violation Of Rights Of Another intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such other intellectual property = with the knowledge that the act would rights do not include the use of another's violate the rights of another and would advertising idea in your"advertisement". inflict"personal and advertising injury". However, this exclusion does not apply to (2) Material Published With Knowledge Of infringement, in your "advertisement", of Falsity copyright, trade dress or slogan. Arising out of oral or written publication, in (10) Insureds In Media And Internet Type any manner, of material, if done by or at the Businesses �- direction of the insured with knowledge of Committed by an insured whose business its falsity. is: (3) Material Published Prior To Policy Period (a) Advertising, broadcasting, publishing or -' Arising out of oral or written publication, in telecasting; any manner, of material whose first publication took place before the beginning (b) Designing or determining content of web sites for others; or of the policy period. (c) An Internet search, access, content or (4) Criminal Acts service provider. Arising out of a criminal act committed by or However, this exclusion does not apply to _ at the direction of the insured. Paragraphs 14,a., b.and c. of"personal and (5) Contractual Liability advertising injury" under the Definitions For which the insured has assumed liability section. in a contract or agreement. This exclusion For the purposes of this exclusion, the - does not apply to: placing of frames, borders or links, or (a) Liability for damages that the insured advertising, for you or others anywhere on would have in the absence of the the Internet, is not by itself, considered the contract or agreement. business of advertising, broadcasting, l- (b) Liability for false arrest, detention or publishing or telecasting.imprisonment assumed in a contract or (11) Electronic Chatrooms Or Bulletin Boards agreement. Arising out of an electronic chatroom or (6) Breach Of Contract bulletin board the insured hosts, owns, or over which the insured exercises control. Arising out of a breach of contract, except (12) Unauthorized Use OfAnother's Name Or an implied contract to use another's = advertising idea in your"advertisement". Product (7) Quality Or Performance Of Goods—Failure Arising out of the unauthorized use of To Conform To Statements another's name or product in your e-mail = address, domain name or metatag, or any Arising out of the failure of goods, products other similar tactics to mislead another's or services to conform with any statement potential customers. of quality or ��performance made in your (13) Pollution "advertisement". (8) Wrong Description Of Prices Arising out of the actual, alleged or threatened discharge, dispersal, seepage, Arising out of the wrong description of the migration, release or escape of "pollutants" _ price of goods, products or services stated at an time. in your"advertisement". y CU 00 01 0413 0 Insurance Services Office, Inc., 2012 Page 7 of 18 (14) Employment-related Practices (f) Any health or therapeutic service To: treatment, advice or instruction; (a) A person arising out of any: (g) Any service, treatment, advice or instruction for the purpose of (i) Refusal to employ that person; appearance or skin enhancement, hair (ii) Termination of that person's removal or replacement, or personal employment; or grooming or therapy; (iii) Employment-related practices, (h) Any service, treatment, advice or policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service, treatment, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, hurniliation, cardiovascular fitness, bodybuilding or discrimination or malicious physical training programs; prosecution directed at that person; (i) Optometry or optical or hearing aid or services including the prescribing, (b) The spouse, child, parent, brother or preparation, fitting, demonstration or sister of that person as a consequence distribution of ophthalmic lenses and of "personal and advertising injury" to similar products or hearing aid devices; that person at whom any of the (j) Body piercing services; employment-related practices described in Paragraph (i), (ii) or (UQ above is (k) Services in the practice of pharmacy; directed. (1) Law enforcement or firefighting services; This exclusion applies whether the injury- and causing event described in Paragraph (i), (m) Handling, embalming, disposal, burial, (ii) or (iii) above occurs before employment, cremation or disinterment of dead during employment or after employment of bodies. .. that person. This exclusion applies even if the claims This exclusion applies whether the insured against any insured allege negligence or may be liable as an employer or in any other other wrongdoing in the supervision, hiring, capacity, and to any obligation to share employment, training or monitoring of damages with or repay someone else who others by that insured, if the offense which must pay damages because of the injury. caused the "personal and advertising (15) Professional Services injury", involved the rendering of or failure to render any professional service. Arising out of the rendering of or failure to (16) War render any professional service. This includes but is not limited to: However caused, arising, directly or (a) Legal, accounting or advertising indirectly, out of: services; (a) War, including undeclared or civil war; (b) Preparing, approving, or failing to (b) Warlike action by a military force, prepare or approve, maps, shop including action in hindering or drawings, opinions, reports, surveys, defending against an actual or expected field orders, change orders or drawings attack, by any government, sovereign or or specifications; other authority using military personnel (c) Inspection, supervision, quality control, or other agents; or architectural or engineering activities (c) Insurrection, rebellion, revolution, done by or for you on a project on usurped power, or action taken by which you serve as construction governmental authority in hindering or manager; defending against any of these. (d) Engineering services, including related supervisory or inspection services; (e) Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; Page 8 of 18 ©insurance Services Office, Inc., 2012 CU 00 0104 13 (17) Recording And Distribution Of Material Or f. Prejudgment interest awarded against the Information In Violation Of Law insured on that part of the judgment we pay. If Arising directly or indirectly out of any we make an offer to pay the applicable limit of action or omission that violates or is alleged insurance, we will not pay any prejudgment to violate: interest based on that period of time after the offer. (a) The Telephone Consumer Protection Act(TCPA), including any amendment of or g All interest on the full amount of any judgment addition to such law; that accrues after entry of the judgment and before we have paid, offered to pay, or (b) The CAN-SPAM Act of 2003, including deposited in court the part of the judgment that any amendment of or addition to such is within the applicable limit of insurance. law; These payments will not reduce the limits of (c) The Fair Credit Reporting Act (FCRA), insurance. _ and any amendment of or addition to such law, including the Fair and 2. When we have the right but not the duty to defend Accurate Credit Transactions Act the insured and elect to participate in the defense, A ( ccurat ; or we will pay our own expenses but will not contribute to the expenses of the insured or the (d) Any federal, state or local statute, 'tunderlyinq insurer". ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA 3. If we defend an insured against a "suit" and an and their amendments and additions, indemnitee of the insured is also named as a party that addresses, prohibits, or limits the to the "suit", we will defend that indemnitee if all of printing, dissemination, disposal, the following conditions are met: collecting, recording, sending, a. The "suit" against the indemnitee seeks transmitting, communicating or damages for which the insured has assumed ! distribution of material or information. the liability of the indemnitee in a contract or b. "Pollution cost or expense". agreement that is an 'Insured contract"; SUPPLEMENTARY PAYMENTS—COVERAGES A b. This insurance applies to such liability assumed T AND B by the insured; 1. We will pay, with respect to any claim we c. The obligation to defend, or the cost of the investigate or settle, or any "suit" against an defense of, that indemnitee, has also been insured we defend, when the duty to defend assumed by the insured in the same 'Insured exists: contract": a. All expenses we incur. d. The allegations in the "suit"and the information we know about the "occurrence"are such that — b. Up to $2,000 for cost of bail bonds (including no conflict appears to exist between the bonds for related traffic law violations)required interests of the insured and the interests of the because of an "occurrence" we cover. We do indemnitee; not have to furnish these bonds. e. The indemnitee and the insured ask us to a The cost of bonds to release attachments, but conduct and control the defense of that only for bond amounts within the applicable indemnitee against such "suit" and agree that limit of insurance. We do not have to furnish we can assign the same counsel to defend the these bonds. insured and the indemnitee; and d. All reasonable expenses incurred by the f. The indemnitee: insured at our request to assist us in the (1) Agrees in writing to: investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a (a) Cooperate with us in the investigation, day because of time off from work. settlement or defense of the"suit"; e. All court costs taxed against the insured in the (b) Immediately send us copies of any _ "suit". However, these payments do not include demands, notices, summonses or legal attorneys' fees or attorneys' expenses taxed papers received in connection with the against the insured. "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee;and CU 00 0104 13 0 Insurance Services Office, Inc., 2012 Page 9 of 18 (d) Cooperate with us with respect to (5) A trust, you are an insured. Your trustees coordinating other applicable insurance are also insureds, but only with respect to available to the indemnitee;and their duties as trustees. (2) Provides us with written authorization to: b. Each of the following is also an insured: (a) Obtain records and other information (1) Your 'volunteer workers" only while related to the"suit";and performing duties related to the conduct of (b) Conduct and control the defense of the your business, or your "employees", other than either your "executive officers" (if you indemnitee in such "suit". are an organization other than a So long as the above conditions are met, partnership, joint venture or limited liability attorneys' fees incurred by us in the defense of company) or your managers (if you are a that indemnitee, necessary litigation expenses limited liability company), but only for acts incurred by us and necessary litigation expenses within the scope of their employment by incurred by the indemnitee at our request will be you or while performing duties related to paid as Supplementary Payments. Notwithstanding the conduct of your business. However, the provisions of Paragraph 2.b.(2) of Section I — none of these "employees" or 'volunteer Coverage A —Bodily Injury And Property Damage workers"are insureds for: Liability, such payments will not be deemed to be damages for'bodily injury"and "property damage" (a) 'Bodily injury„ or personal and and will not reduce the limits of insurance. advertising injury () To you, to your partners or members Our obligation to defend an insured's indemnitee (if you are a partnership or joint and to pay for attorneys' fees and necessary venture), to your members (if you are litigation expenses as Supplementary Payments when we have used up the applicable limit of a limited liability company), to co- ends "employee"in the course of his orr her insurance in the payment of judgments or employment or performing duties settlements or the conditions set forth above, or related to the conduct of your the terms of the agreement described in Paragraph business or to your other 'volunteer f. above,are no longer met. workers" while performing duties SECTION 11—WHO IS AN INSURED related to the conduct of your 1. Except for liability arising out of the ownership, business; maintenance or use of"covered autos": (ii) To the spouse, child, parent, brother a. If you are designated in the Declarations as: or sister of that co"employee" or (1) An individual, you and your spouse are 'volunteer worker"as a consequence insureds, but only with respect to the of Paragraph (a)(i)above; or conduct of a business of which you are the (iii) For which there is any obligation t sole owner. share damages with or repay someone else who must pay (2) A partnership or joint venture, you are an damages because of the injury insured. Your members, your partners, and described in Paragraph (a)(i) or (ii) their spouses are also insureds, but only above. with respect to the conduct of your (b) "Property damage"to property: business. (3) A limited liability company, you are an (i) Owned, occupied or used by; insured. Your members are also insureds, (ii) Rented to, in the care, custody or but only with respect to the conduct of your control of, or over which physical business. Your managers are insureds, but control is being exercised for any only with respect to their duties as your purpose by; managers. you, any of your"employees", 'volunteer _ (4) An organization other than a partnership, workers", any partner or member (if you joint venture or limited liability company, are a partnership or joint venture), or you are an insured. Your "executive any member (if you are a limited liability officers" and directors are insureds, but company). only with respect to their duties as your (2) Any person (other than your "employee" or officers or directors. Your stockholders are 'volunteer worker', or any organization also insureds, but only with respect to their while acting as your real estate manager. liability as stockholders. Page 10 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 0413 (3) Any person or organization having proper (4) Anyone other than your "employees", temporary custody of your property if you partners (if you are a partnership), _ die, but only: members (if you are a limited liability (a) tMth respect to liability arising out of the company), or a lessee or borrower or any maintenance or use of that property;and of their "employees", while moving property (b) Until your legal representative has been to or from a "covered auto". appointed. (5) A partner (if you are a partnership), or a (4) Your legal representative if you die, but only member (if you are a limited liability with respect to duties as such. That company) for a "covered auto" owned by — representative will have all your rights and him or her or a member of his or her duties under this Coverage Part. household. c. Any organization you newly acquire or form, (6) "Employees" with respect to 'bodily injury" other than a partnership, to: joint venture or limited liability company, and over which you (a) Any fellow "employee" of the insured maintain ownership or majority interest, will arising out of and in the course of the qualify as a Named Insured if there is no other fellow "employee's" employment or while similar insurance available to that organization. performing duties related to the conduct However: of your business; or (1) Coverage under this provision is afforded (b) The spouse, child, parent, brother or only until the 90th day after you acquire or sister of that fellow "employee" as a form the organization or the end of the consequence of Paragraph (a) above. policy period, whichever is earlier; c. Anyone liable for the conduct of an insured (2) Coverage Adoes not apply to 'bodily injury" described above is also an insured, but only to _ or "property damage" that occurred before the extent of that liability. you acquired or formed the organization; 3. Any additional insured under any policy of and "underlying insurance" will automatically be an (3) Coverage B does not apply to "personal insured under this insurance. and advertising injury" arising out of an Subject to Section III — Limits Of Insurance, if offense committed before you acquired or coverage provided to the additional insured is formed the organization. required by a contract or agreement, the most we _ 2. Only with respect to liability arising out of the will pay on behalf of the additional insured is the ownership, maintenance or use of"covered autos": amount of insurance: a. You are an insured. a. Required by the contract or agreement, less -� b. Anyone else while using with your permission a any amounts payable by any "underlying , insurance'; or covered auto you own, hire or borrow is also an insured except: b. Available under the applicable Limits of (1) The owner or anyone else from whom you Insurance shown in the Declarations; hire or borrow a "covered auto". This whichever is less. exception does not apply if the "covered Additional insured coverage provided by this auto" is a trailer or semitrailer connected to insurance will not be broader than coverage a"covered auto"you own. provided by the"underlying insurance". (2) Your "employee" if the "covered auto" is No person or organization is an insured with respect owned by that "employee" or a member of to the conduct of any current or past partnership,joint his or her household. venture or limited liability company that is not shown (3) Someone using a"covered auto"while he or as a Named Insured in the Declarations. she is working in a business of selling, servicing, repairing, parking or storing "autos"unless that business is yours. CU 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 11 of 18 SECTION III—LIMITS OF INSURANCE SECTION IV—CONDITIONS 1. The Limits of Insurance shown in the Declarations 1. Appeals and the rules below fix the most we will pay If the "underlying insurer" or insured elects not to regardless of the number of: appeal a judgment in excess of the 'retained limit", a. Insureds; we may do so at our own expense. We will also ` pay for taxable court costs, pre-and postjudgment b. Claims made, "suits" brought, or number of interest and disbursements associated with such vehicles involved; or appeal. In no event will this provision increase our c. Persons or organizations making claims or liability beyond the applicable Limits of Insurance bringing "suits". described in Section III—Limits Of Insurance. 2. The Aggregate Limit is the most we will pay for the 2. Bankruptcy sum of all"ultimate net loss"under: a. Bankruptcy Of Insured a. Coverage A, except"ultimate net loss"because Bankruptcy or insolvency of the insured or of of 'bodily injury" or "property damage" arising the insured's estate will not relieve us of our out of the ownership, maintenance or use of a obligations under this Coverage Part. "covered auto"; and b. Bankruptcy Of Underlying Insurer b. Coverage B. Bankruptcy or insolvency of the "underlying 3. Subject to Paragraph 2. above, the Each insurer" will not relieve us of our obligations Occurrence Limit is the most we will pay for the under this Coverage Part. sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and "property However, this insurance will not replace the damage"arising out any one"occurrence". "underlying insurance" in the event of bankruptcy Subject to Paragraph 2. above, the Personal And or insolvency of the "underlying insurer". This 4. Sub 1 9 P insurance will apply as if the "underlying Advertising Injury Limit is the most we will pay insurance"were in full effect. under Coverage B for the sum of all "ultimate net loss" because of all "personal and advertising 3. Duties In The Event Of Occurrence, Offense, injury" sustained by any one person or Claim Or Suit organization. a. You must see to it that we are notified as soon 5. If there is "underlying insurance" with a policy as practicable of an 'occurrence"or an offense, period that is nonconcurrent with the policy period regardless of the amount, which may result in a of this Commercial Liability Umbrella Coverage claim. To the extent possible, notice should Part, the 'retained limit(s)"will only be reduced or include: exhausted by payments for: (1) How, when and where the "occurrence" or a. "Bodily injury" or "property damage" which offense took place; occurs during the policy period of this (2) The names and addresses of any injured Coverage Part; or persons and witnesses; and b. "Personal and advertising injury" for offenses (3) The nature and location of any injury or that are committed during the policy period of damage arising out of the "occurrence" or this Coverage Part. offense. However, if any "underlying insurance"is written b. If a claim is made or "suit" is brought against on a claims-made basis, the 'retained limit(s)"will any insured,you must: only be reduced or exhausted by claims for that (1) Immediately record the specifics of the claim insurance that are made during the policy period, or"suit"and the date received;and or any Extended Reporting Period, of this Coverage Part. (2) Notify us as soon as practicable. The Aggregate Limit, as described in Paragraph 2. You must see to it that we receive written above, applies separately to each consecutive annual notice of the claim or "suit" as soon as period and to any remaining period of less than 12 practicable. months, starting with the beginning of the policy c. You and any other involved insured must: period shown in the Declarations, unless the policy (1) Immediately send us copies of any period is extended after issuance for an additional demands, notices, summonses or legal period of less than 12 months. In that case, the papers received in connection with the additional period will be deemed part of the last claim or"suit"; preceding period for purposes of determining the Limits of Insurance. Page 12 of 18 0 Insurance Services Office, Inc., 2012 CU 00 0104 13 (2) Authorize us to obtain records and other (2) The total of all deductible and selfAnsured information; amounts under all that other insurance. (3) Cooperate with us in the investigation or 6. Premium Audit settlement of the claim or defense against a. We will compute all premiums for,this Coverage the"suit"; and Part in accordance with our rules and rates. (4) Assist us, upon our request, in the b. Premium shown in this Coverage Part as enforcement of any right against any advance premium is a deposit premium only.At person or organization which may be liable the close of each audit period we will compute to the insured because of injury or damage the earned premium for that period and send to which this insurance may also apply. notice to the first Named Insured. The due date d. No insured will, except at that insured's own for audit and retrospective premiums is the cost, voluntarily make a payment, assume any date shown as the due date on the bill. If the obligation, or incur any expense, other than for sum of the advance and audit premiums paid first aid,without our consent. for the policy period is greater than the earned 4. Legal Action Against Us premium, we will return the excess to the first No person or organization has a right under this Named Insured. Coverage Part: c. The first Named Insured must keep records of the information we need for premium a. To join us as a party or otherwise bring us into computation, and send us copies at such times a"suit"asking for damages from an insured; or as we may request. - b. To sue us on this Coverage Part unless all of 7. Representations Or Fraud its terms have been fully complied with. By accepting this policy,you agree: A person or organization may sue us to recover a. The statements in the Declarations are accurate 4 on an agreed settlement or on a final judgment against an insured; but we will not be liable for and complete; damages that are not payable under the terms of b. Those statements are based upon this Coverage Part or that are in excess of the representations you made to us; applicable limit of insurance. An agreed settlement c. We have issued this policy in reliance upon means a settlement and release of liability signed your representations; and by us, the insured and the claimant or the claimant's legal representative. d. This po"Icy is void in any case of fraud by you _ 5. Other Insurance as it relates to this policy or any claim under this policy. a. This insurance is excess over, and shall not 8. Separation Of Insureds contribute with any of the other insurance, _ whether primary, excess, contingent or on any Except with respect to the Limits of Insurance, and other basis. This condition will not apply to any rights or duties specifically assigned in this insurance specifically written as excess over Coverage Part to the first Named Insured, this this Coverage Part. insurance applies: _ When this insurance is excess, we will have no a. As if ea h Named Insured were the only Named duty under Coverages A or B to defend the Insured; and insured against any "suit" if any other insurer b. Separately to each insured against whom claim has a duty to defend the insured against that is made or "suit"is brought. "suit". If no other insurer defends, we will g, Transfer Of Rights Of Recovery Against Others To undertake to do so, but we will be entitled to Us the insured's rights against all those other insurers. If the insured has rights to recover all or part of b. When this insurance is excess over other any payment we have made under this Coverage insurance, we will pay only our share of the Part, those rights are transferred to us. The "ultimate net loss"that exceeds the sum of: insured mist do nothing after loss to impair them. r At our request, the insured will bring "suit" or (1) The total amount that all such other transfer those rights to us and help us enforce insurance would pay for the loss in the them. absence of the insurance provided under w this Coverage Part; and CU 00 01 0413 0 Insurance Services Office, Inc., 2012 Page 13 of 18 10.When We Do Not Renew 14.Expanded Coverage Territory If we decide not to renew this Coverage Part, we a. If a "suit" is brought in a part of the "coverage will mail or deliver to the first Named Insured territory" that is outside the United States of shown in the Declarations written notice of the America (including its territories and nonrenewal not less than 30 days before the possessions), Puerto Rico or Canada, and we expiration date. are prevented by law, or otherwise, from If notice is mailed, proof of mailing will be sufficient defending the insured, the insured will initiate a proof of notice. defense of the "suit". We will reimburse the 11.Loss Payable insured, under Supplementary Payments, for y any reasonable and necessary expenses Liability under this Coverage Part does not apply incurred for the defense of a "suit" seeking to a given claim unless and until: damages to which this insurance applies, that a. The insured or insured's "underlying insurer" we would have paid had we been able to has become obligated to pay the Tetained exercise our right and duty to defend. limit";and If the insured becomes legally obligated to pay b. The obligation of the insured to pay the sums because of damages to which this insurance applies in a part of the "coverage ultimate net loss in excess of the Yetained territory" that is outside the United States of limit has been determined by a final settlement America (including its territories and in judgment or written agreement among the possessions), Puerto Rico or Canada, and we insured, claimant and us. are prevented by law, or otherwise, from 12.Transfer Of Defense paying such sums on the insured's behalf, we When the underlying limits of insurance have been will reimburse the insured for such sums. used up in the payment of judgments or b. All payments or reimbursements we make for settlements, the duty to defend will be transferred damages because of judgments or settlements to us. We will cooperate in the transfer of control will be made in U.S. currency at the prevailing to us of any outstanding claims or "suits"seeking exchange rate at the time the insured became - damages to which this insurance applies which legally obligated to pay such sums. All would have been covered by the "underlying payments or reimbursements we make for insurance" had the applicable limit not been used expenses under Supplementary Payments will up• be made in U.S. currency at the prevailing 13. Maintenance Of/ To Underlying exchange rate at the time the expenses were Insurance incurred. Any "underlying insurance" must be maintained in c. Any disputes between you and us as to full effect without reduction of coverage or limits whether there is coverage under this policy except for the reduction of the aggregate limit in must be filed in the courts of the United States accordance with the provisions of such of America (including its territories and "underlying insurance" that results from payment possessions), Canada or Puerto Rico. of claims, settlement or judgments to which this d. The insured must fully maintain any coverage insurance applies. required by law, regulation or other Such exhaustion or reduction is not a failure to governmental authority during the policy maintain "underlying insurance". Failure to maintain period, except for reduction of the aggregate "underlying insurance"will not invalidate insurance limits due to payments of claims, judgments or provided under this Coverage Part, but insurance settlements. provided under this Coverage Part will apply as if Failure to maintain such coverage required by the"underlying insurance"were in full effect. law, regulation or other governmental authority If there is an increase in the scope of coverage of will not invalidate this insurance. However, this any "underlying insurance" during the term of this insurance will apply as if the required coverage policy, our liability will be no more than it would by law, regulation or other governmental have been if there had been no such increase. authority was in full effect. You must notify us in writing, as soon as practicable, if any "underlying insurance" is s cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any "underlying insurance"is changed. Page 14 of 18 0 Insurance Services Office, Inc., 2012 CU 00 01 0413 SECTION V—DEFINITIONS if such property can be restored to use by the 1. "Advertisement" means a notice that is broadcast repair, replacement, adjustment or removal of or published to the general public or specific 'your product"or 'your work", or your fulfilling the market segments about your goods, products or terms of the contract or agreement. services for the purpose of attracting customers or 9. "Insured contract"means: supporters. For the purposes of this definition: a. A contract for a lease of premises: However, " a. Notices that are published include material that portion of the contract for a lease of placed on the Internet or on similar electronic premises that indemnifies any person or means of communication;and organization for damage by fire to premises b. Regarding web sites, only that part of a web while rented to you or temporarily occupied by site that is about your goods, products or you with permission of the owner is not an services for the purposes of attracting 'Insured contract"; customers or supporters is considered an b. A sidetrack agreement; advertisement, c. Any easement or license agreement, except in 2. "Auto"means: connection with construction or demolition a. A land motor vehicle, trailer or semitrailer operations on or within 50 feet of a railroad; designed for travel on public roads, including d. An obligation, as required by ordinance, to any attached machinery or equipment; or indemnify a municipality, except in connection b. Any other land vehicle that is subject to a with work for a municipality; compulsory or financial responsibility law or e. An elevator maintenance agreement; other motor vehicle insurance law where it is f. That part of any contract or agreement entered licensed or principally garaged. into, as part of your business, pertaining to the However, 'buto" does not include "mobile rental or lease, by you or any of your -- equipment". "employees", of any "auto". However, such 3. "Bodily injury" means bodily injury, disability, contract or agreement shall not be considered sickness or disease sustained by a person, an 'Insured contract" to the extent that it including death resulting from any of these at any obligates you or any of your "employees" to time. "Bodily injury" includes mental anguish or pay for "property damage"to any 'buto" rented other mental injury resulting from"bodily injury". or leased by you or any of your"employees". 4. "Coverage territory"means anywhere in the world g• That part of any other contract or agreement with the exception of any country or jurisdiction pertaining to your business (including an which is subject to trade or other economic indemnification of a municipality in connection sanction or embargo by the United States of with work performed for a municipality) under which you assume the tort liability of another America. party to pay for 'bodily injury" or "property 5. "Covered auto" means only those "autos"to which damage" to a third person or organization. Tort "underlying insurance"applies. liability means a liability that would be imposed 6. "Employee" includes a 'leased worker". "Employee" by law in the absence of any contract or does not include a "temporary worker". agreement. 7. "Executive officer" means a person holding any of Paragraphs f. and g. do not include that part of the officer positions created by your charter, any contract or agreement: constitution, bylaws or any other similar governing (1) That indemnifies a railroad for'bodily injury" document. or "property damage" arising out of 8. 'Impaired property"means tangible property, other construction or demolition operations, than 'your product"or 'your work", that cannot be within 50 feet of any railroad property and used or is less useful because: affecting any railroad bridge or trestle, a. It incorporates 'your product" or 'your work" tracks, road-beds, tunnel, underpass or that is known or thought to be defective, crossing; r deficient, inadequate or dangerous; or (2) That pertains to the loan, lease or rental of b. You have failed to fulfill the terms of a contract an 'auto" to you or any of your or agreement; "employees", if the "auto" is loaned, leased or rented with a driver; or CU 00 01 0413 0 Insurance Services Office, Inc., 2012 Page 15 of 18 (3) That holds a person or organization f. Vehicles not described in Paragraph a., b., c. engaged in the business of transporting or d. above maintained primarily for purposes property by "auto"for hire harmless for your other than the transportation of persons or use of a "covered auto" over a route or cargo. territory that person or organization is However, self-propelled vehicles with the authorized to serve by public authority. following types of permanently attached 10."Leased worker" means a person leased to you by equipment are not "mobile equipment" but will a labor leasing firm under an agreement between be considered "autos": you and the labor leasing firm, to perform duties (1) Equipment designed primarily for: related to the conduct of your business. Leased worker"does not include a"temporary worker". (a) Snow removal; 11.1-oading or unloading" means the handling of (b) Road maintenance, but not construction property: or resurfacing; or a. After it is moved from the place where it is (c) Street cleaning; accepted for movement into or onto an aircraft, (2) Cherry pickers and similar devices mounted _ watercraft or"auto"; on automobile or truck chassis and used to b. While it is in or on an aircraft, watercraft or raise or lower workers;and "auto"; or (3) Air compressors, pumps and generators, c. While it is being moved from an aircraft, including spraying, welding, building watercraft or "auto" to the place where it is cleaning, geophysical exploration, lighting finally delivered; and well servicing equipment. but 'loading or unloading" does not include the However, "mobile equipment" does not include movement of property by means of a mechanical land vehicles that are subject to a compulsory device, other than a hand truck, that is not or financial responsibility law or other motor attached to the aircraft,watercraft or"auto". vehicle insurance law where it is licensed or _ 12"Mobile equipment" means any of the following principally garaged. Land vehicles subject to a types of land vehicles, including any attached compulsory or financial responsibility law or machinery or equipment: other motor vehicle insurance law are considered 'butos". a. Bulldozers, farm machinery, forklifts and other 13."Occurrence" means an accident, including vehicles designed for use principally off public continuous or repeated exposure to substantially roads; the same general harmful conditions. b. Vehicles maintained for use solely on or next to U."Personal and advertising injury" means injury, _ premises you own or rent; including consequential 'bodily injury", arising out c. Vehicles that travel on crawler treads; of one or more of the following offenses: d. Vehicles, whether self-propelled or not, a. False arrest, detention or imprisonment; maintained primarily to provide mobility to b. Malicious prosecution; permanently mounted: (1) Power cranes, shovels, loaders, diggers or c. The wrongful eviction from, wrongful entry into, or invasion of the right of private drills; or occupancy of a room, dwelling or premises that (2) Road construction or resurfacing a person occupies, committed by or on behalf equipment such as graders, scrapers or of its owner, landlord or lessor; rollers; d. Oral or written publication, in any manner, of e. Vehicles not described in Paragraph a., b., c. material that slanders or libels a person or or d. above that are not self-propelled and are organization or disparages a person's or maintained primarily to provide mobility to organization's goods, products or services; permanently attached equipment of the e. Oral or written publication, in any manner, of following types: material that violates a person's right of (1) Air compressors, pumps and generators, privacy; including spraying, welding, building f. The use of another's advertising idea in your cleaning, geophysical exploration, lighting "advertisement'; or and well servicing equipment; or g. Infringing upon another's copyright,trade dress (2) Cherry pickers and similar devices used to or slogan in your"advertisement". raise or lower workers; Page 16 of 18 0 Insurance Services Office, Inc., 2012 CU 00 0104 13 15."Pollutants" mean any solid, liquid, gaseous or (2) The existence of tools, uninstalled thermal irritant or contaminant, including smoke, equipment or abandoned or unused vapor, soot, fumes, acids, alkalis, chemicals and materials. waste. Waste includes materials to be recycled, 18.'Property damage"means: reconditioned or reclaimed. 16."Pollution cost or expense" means any loss, cost a. Physical injury to tangible property, including or expense arising out of any: all resulting loss of use of that property. All such loss of use shall be deemed to occur at a. Request, demand, order or statutory or the time of the physical injury that caused it; or regulatory requirement that any insured or b. Loss of use of tangible property that is not — others test for, monitor, clean up, remove, physically injured. All such loss of use shall be contain, treat, detoxify or neutralize, or in any deemed to occur at the time of the"occurrence" way respond to, or assess the effects of, that caused it. "pollutants"; or _ b. Claim or suit by or on behalf of a governmental With respect to the ownership, maintenance or use authority for damages because of testing for, 'of"covered autos", property damage also includes pollution cost or expense", but only to the extent monitoring, cleaning up, removing, containing, that coverage exists under the "underlying treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, insurance or would have existed but for the "pollutants". exhaustion of the underlying limits. 17.'Products�ompleted operations hazard": For the purposes of this insurance, with respect to other than the ownership, maintenance or use of a. Includes all "bodily injury" and "property "covered autos", electronic data is not tangible damage" occurring away from premises you property. own or rent and arising out of 'your product" As used in this definition, electronic data means or'you r work"except: information, facts or programs stored as or on, (1) Products that are still in your physical created or used on, or transmitted to or from possession; or computer software (including systems and (2) Work that has not yet been completed or applications software), hard or floppy disks, CD- abandoned. However, 'your work" will be ROMs, tapes, drives, cells, data processing deemed completed at the earliest of the devices or any other media which are used with following times: electronically controlled equipment. (a) When all of the work called for in your 19.'Retained limit" means the available limits of contract has been completed. "underlying insurance" scheduled in the Declarations or the "selfansured retention", (b) When all of the work to be done at the whichever applies. job site has been completed if your 20."Selfinsured retention" means the dollar amount contract calls for work at more than one job site. listed in the Declarations that will be paid by the insured before this insurance becomes applicable (c) When that part of the work done at a job only with respect to "occurrences"or offenses not site has been put to its intended use by covered by the "underlying insurance". The "self- any person or organization other than insured retention"does not apply to "occurrences" another contractor or subcontractor or offenses which would have been covered by _ working on the same project. "underlying insurance" but for the exhaustion of Work that may need service, maintenance, applicable limits. correction, repair or replacement, but which 21."Suit" means a civil proceeding in which damages is otherwise complete, wi11 be treated as because of "bodily injury", "property damage" or completed. "personal and advertising injury" to which this b. Does not include "bodily injury" or "property insurance applies are alleged. "Suit"includes: damage"arising out of: a. An arbitration proceeding in which such (1) The transportation of property, unless the damages are claimed and to which the insured injury or damage arises out of a condition in must submit or does submit with our consent; or on a vehicle not owned or operated by or you, and that condition was created by the t 'loading or unloading"of that vehicle by any insured; or CU 00 01 0413 0 Insurance Services Office, Inc., 2012 Page 17 of 18 b. Any other alternative dispute resolution b. Includes: proceeding in which such damages are claimed (1) Warranties or representations made at any and to which the insured submits with our time with respect to the fitness, quality, consent or the 'underlying insurer's consent. durability, performance or use of 'your 22.7emporary worker" means a person who is product';and furnished to you to substitute for a permanent (2) The providing of or failure to provide "employee"on leave or to meet seasonal or short- warnings or instructions. term workload conditions. -• 23."Ultimate net loss" means the total sum, after c. Does not include vending machines or other reduction for recoveries or salvages collectible, property rented to or located for the use of others but not sold. that the insured becomes legally obligated to pay as damages by reason of settlement or judgments 28."Your work": ~ or any arbitration or other alternate dispute a. Means: method entered into with our consent or the "underlying insurer's"consent. (1) Work or operations performed by you or on your behalf; and v 24."Underlying insurance" means any policies of (2) Materials, parts or equipment furnished in insurance listed in the Declarations under the Schedule of"underlying insurance". connection with such work or operations. 25."Underlying insurer" means any insurer who b. Includes: provides any policy of insurance listed in the (1) Warranties or representations made at any Schedule of"underlying insurance". time with respect to the fitness, quality, 26.'Volunteer worker" means a person who is not durability, performance or use of 'your your "employee",and who donates his or her work work'; and and acts at the direction of and within the scope of (2) The providing of or failure to provide duties determined by you, and is not paid a fee, warnings or instructions. salary or other compensation by you or anyone else for their work performed for you. 27."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Page 18 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 0413 Policy No. 85322811 IL 71 05 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART COMMERCIAL UMBRELLA COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: T (1) The additional insured is a Named Insured under such other insurance; (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek _ contribution from any other insurance available to the additional insured; (3) The additional insured gives us prompt written notice of any "occurrence" which may result in a claim and prompt written notice of"suit"; (4) The additional insured immediately forwards all legal papers to us, cooperates in the investigation or settlement of the claim or defense against the "suit", and otherwise complies with policy conditions. (5) The additional insured must tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this policy. This includes, but is rict limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For the purpose of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. (6) The additional insured agrees to make available any other insurance that the additional insured has for a loss we cover under this policy. IL 71 05 10 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 1. IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your Bond Agent at 972-772- Puede comunicarse con su agente de union al 972- 7220. 772-7220. 3. You may call Hudson Insurance Company's toll- Usted puede Ilamar al numero de telefono gratis de free telephone number for information or to make a Hudson Insurance Company's para informacion o complaint at: para someter una queja al: 1-800-388-3647 1-800-388-3647 4. You may also write to Hudson Insurance Usted tambien puede escribir a Hudson Insurance Company at: Company al: 100 William Street, 51h Floor 100 William Street, 51 Floor New York, NY 10038 New York, NY 10038 5. You may contact the Texas Department of Puede Comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at: de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P. O. Box 149104 P. O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 475-1771 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: Consume rProtection(&-td i.state.tx.us E-mail: Cons umerProtection(-tdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a un premium or about a claim you should contact the reclamo, debe comunicarse con el (agente) (agent) first. If the dispute is not resolved, you may primero. Si no se resuelve la disputa, puede contact the Texas Department of Insurance. entonces comunicarse con el departamento (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. — CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project, WRMC Richardson Bass Roof Replacement located at 1591 Rip Johnson Drive,Fort Worth, Texas (Proiect *+ PMD2019-08) City Proiect # 101203. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: 1 l - K, rUA! �(��� J wL By: 4�OeAe-x �R.��N►'t�o�,� .. CoQmpa�n�y" (Please Print) 1(A eAv ��!` r1S 1k Signature: — Address `179,Y. -k-&kl I^- , 1550 1 Title: City/State/Zip (Please Print) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared �p v�K�► —Ty- W b L4— ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of l (R -P✓t s.1 for the purposes and consideration therein expressed and in the capacity therein stated. w GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of AA (Z&' ,2020. • KRYSTAL SHERMER Notary ID#129709635 ■ My Commission Expires —b February 12,2022 Notary Pub is in and for the State of Texas Instruction to Offerors Page 33 of 34 r City of Fort Worth-RB Roof Replacement(March 2020) 4'-0" 2'-0" 2'-0" SIGN,CENTERLINE &F TEXT iNFORMATiON i FO RT WO H® 4 Project Title Architect: Architect's Name Contractor: Contractor's Name FUNDED BY (List Bond Fund,etc.) SCHEDULED COMPLETION DATE YEAR Qz SIGN COLOR & FONT: BACKGROUND - WHITE BORDER - 5/16"WIDE, XRADIUS CORNERS, PMS 288 (BLUE) TEXT - HELVETICA or ARIAL, PMS 288 (BLUE) FORT WORTH LOGO COLORS & FONT: FORT WORTH - PMS 288 (BLUE), CHELTENHAM BOLD LONGHORN LOGO - PMS 725 (BROWN) PROJECT DESIGNATION SIGN Instruction to Offerors Page 34 of 34 City of Fort Worth-RB Roof Replacement(March 2020)