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HomeMy WebLinkAboutContract 60593FoRTWORTH. CSC No. 60593 CONTRACT FOR THE CONSTRUCTION OF E. 41h Street/E. I't Street On -Street Bicycle Improvements City Project No. 102601 Mattie Parker Mayor David Cooke City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department pzlylaj Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 817-335-6511 Abhishek Acharya, P.E. (TPBE #124094; 06/12/2023 �P�� o OF o * o 'wo°°°°°°o°°o°°°°°°o°°°oo°°°® r�o ABHISHEK ACHARYA C000000000a00000000000000000C� P ~o 0 124094 0 ct'_' o o �� � 0 K/C SIc1O 0 � ow 1 O°°EN °°° �. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 E. 41h Street/E. 111 Street On -Street Bicycle Improvements CPN 102601 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pagel of 8 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 00 1113 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 08/13/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form* 9/30/2021 00 42 43 Proposal Form Unit Price* 01/20/2012 00 43 13 Bid Bond* 09/11/2017 00 43-37 Vendor- r,,mplia- t St Law Nonresident Bidder OMITTED ntii i e e 0045 11 Bidders Prequalifications 08/13/2021 0045 12 Pr-eg a4ifiea4io St te,.. e OMITTED nnn i 0045 3 Dre,.iia4 r;,,afier .kWJioatiarl OMITTED 09 13/2 r 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 08/22/2022 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 00119 Mai ono ,pond OMITTED 0�in�n 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 3120 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 3233 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 12/20/2012 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 08 OMITTED t t /' 6 01 7123 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH E. 4tb Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: NONE TxDOT Requirements (included in the project manual pg. 244-385) 1. Disadvantaged Business Enterprises (DBE) Requirements 2. Buy America 3. Child Support Statement (Family Code §231.006) 4. State of Texas Child Support Business Ownership Form* 5. OSHA Implementation 6. Disclosure of Lobbying Activities* 7. Non -Collusion Affidavit and Debarment Certification* 8. Certificate of Insurance 9. Certification of Interest 10. Contractor's Assurance 11. Seals Page 12. Prevailing Minimum Wage — Davis Bacon 13. Prison Produced Materials 14. Differing Site Conditions 15. General Notes 16. TxDOT Specifications, Special Provisions, and Special Specifications List 17. Federal Requirements for Federal -Aid Construction Contracts (FHWA-1273) 18. "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges — Adopted by the Texas Department of Transportation November 1, 2014" — Included by Reference. *Required to be submitted with bid to be deemed a responsive bid. If these items are not submitted with the bid package, the bids will not be read publicly. Appendix SUE Existing SUE Layout Sheets END OF SECTION CITY OF FORT WORTH E. 4tb Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/31/23 M&C FILE NUMBER: M&C 23-0945 LOG NAME: 2024 E. 1ST ST/ E. 4TH ST ON -STREET BIKE LANE CONSTR CONTRACT SUBJECT (CD 8 and CD 11) Authorize Execution of a Contract with The Fain Group, Inc., in the Amount of $2,916,021.70 for the East 4th Street and East 1 st Street Federally Funded On -Street Bike Lane Construction Project, Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with The Fain Group, Inc., in the amount of $2,916,021.70 for the construction of the East 4th Street and East 1 st Street On -Street Bike Lane Project (City Project No. 102601); 2. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund in the amount of $900,000.00 by increasing appropriations in the East 4th Street -East 1 st Street On -Street Bike Lane project (City Project No. 102601), and by decreasing appropriations in the Bicycle Facilities programmable project (City Project No. PB0021) by the same amount; and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with The Fain Group, Inc., in the amount of $2,916,021.70 and authorize an additional $900,000.00 in funding for additional construction and construction administration costs associated with the East 4th Street -East 1st Street On -Street Bike lane Project (City Project No. 102601). The City of Fort Worth advertised for the construction of the East 4th Street — East 1 st Street On -Street Bike Lane project (City Project No. 102601) in the Fort Worth Star -Telegram on May 25 and June 1, 2023. The following bids were received on June 29, 2023: (Bidders JAmount (The Fain Group 1I$2,916,021.70 Fort Worth Civil Contractors LLC 11$3,524,034.96 The low bid was approximately $700,000.00 more than the engineer of record's estimate at the pre -bid phase due to price escalations in materials and labor costs. The East 4th Street -East 1 st Street project provides for the construction of new, separated bicycle lanes, bicycle and pedestrian signalization, bicycle and pedestrian counters, and related intersection improvements along the project corridor. The project received $2,332,000.00 in Federal Funds via Advanced Funding Agreements (AFAs) with the Texas Department of Transportation (TxDOT) (M&C 21- 0715, City Secretary contract numbers 56524 and 56766 (CSJ#: 0902-90-195 & CSJ#: 0902-90-196), respectively). The total project budget cost has a shortfall of approximately $900,000.00, of which $700,000.00 is for construction and $200,000.00 is for construction administration cost and construction contingency for unknowns. The additional funds will come from the 2022 Bond Program Fund. The table below summarizes past appropriations, sources, additional funding, and the estimated total cost of the project at completion: East 4th Street - East 1st Street On -Street Bike Lane (CPN 102601) Fund I34014 - 2014 Bond I34018 - 2018 Bond 34027 - 2022 Bond 31001 -Grants Capital Projects - Federal 31003 Grants Capital Project - Others Existing Additional Project Funding Appropriation Funding Total $ 23,200.001 $ 23,200.00 $1, 021, 800.00 I $1, 021, 800.00 $ 900,000.00 $ 900,000.00 $2,332,000.00 $2,332,000.00 $ 466,400.00 $ 466,400.00 $3,843,400.001$ 900,000.00I$4,743,400.00 (Grand Total Funding for this project was not included in the Fiscal Years (FY) 2024-2028 Capital Improvement Program because final construction costs were not known at the time of CIP development. The action in this M&C will amend the FY2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Funding is budget in the Bicycle Facilities project within the 2022 Bond Program Fund Since this project has federal funds, TxDOT set the Disadvantaged Business Enterprise (DBE) goal. The TxDOT DBE goal on this project is 6%. The Fain Group Inc. is in compliance with the TxDOT DBE goal for the project by committing 6.23%. This project is located in COUNCIL DISTRICT 8 and COUNCIL DISTRICT 11. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Bicycle Facilities project within the 2022 Bond Program Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the 2022 Bond Program Fund for the E 4th St & E 1 st St Improvement project to support the above recommendations and execution of the contract. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: William Johnson 5806 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 00 0515 ADDENDA CITY OF FORT WORTH, TEXAS ADDENDUM NO.1 To the Specifications and Contract Documents For E. 4th Street/E. 1st Street On -Street Bicycle Improvements City Project Number 102601 CSJ 0902-90-195, Etc. Issued: June 23, 2023 Bid Date: June 29, 2023 at 1:30 P.M. 000s is- I ADDENDA Pagel of 2 /23/2023 OF ®®® ® ABHISHEK ACHARYA °® p-o "°°°°°124094°°°° o°�� ®®Fo S</CENSi� o., �� f e"S'10 This Addendum forms a part of the Bidding Documents and will be incorporated into Contract Documents, as applicable. Insofar as the original Contract Documents and Specifications and Construction Plans are inconsistent, this Addendum governs. Acknowledge receipt of: this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. FAILURE TO DO SO MAY SUBJECT BIDDER TO DISOUALIFICATION. Prosnective bidders are herebv notified of the following: This addendum includes the following: 1. Updated Specifications The city recently updated several specifications which will need to be added to the Project Manual. A summary is below: • Replace 00 00 00 Cover • Replace 00 00 00 Table of Contents • Replace 00 45 40 Business Equity Goal • Replace 00 52 43 Agreement Specifications were revised to remove blue font and highlighting to be completed by the Bidder or provide working website links, and update prequalification work categories. A summary is below: • Replace 00 11 13 Invitation to Bidders (removed highlighting and prequalification work categories) • Replace 00 21 13 Instructions to Bidders (removed prequalification work categories) • Replace 00 4100 Bid Form (removed prequalification work categories) • Replace 00 42 43 Bid Proposal (revised size of table) • Replace 00 43 13 Bid Bond (revised footer) • Replace 00 73 00 Supplementary Conditions (removed highlighting) • Replace 01 31 20 Project Meetings (removed blue font) • Replace 0135 13 Special Project Procedures (removed blue font) • Replace 0171 23 Construction Staking and Survey (removed blue font) • Replace TxDOT Disadvantaged Business Enterprises (DBE) Requirements (removed highlighting) CITY OF FORT WORTH E. 4th Street/B. I st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 1 PROJECT MANUAL 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 000515-2 ADDENDA Page 2 of 2 1. REMOVE SECTION 00 00 00, REPLACE WITH ATTACHED SECTION 00 00 00. 2. REMOVE SECTION 00 00 00, REPLACE WITH ATTACHED SECTION 00 00 00. 3. REMOVE SECTION 00 11 13, REPLACE WITH ATTACHED SECTION 00 11 13. 4. REMOVE SECTION 00 2113, REPLACE WITH ATTACHED SECTION 00 2113. 5. REMOVE SECTION 00 4100, REPLACE WITH ATTACHED SECTION 00 4100. 6. REMOVE SECTION 00 42 43, REPLACE WITH ATTACHED SECTION 00 42 43. 7. REMOVE SECTION 00 43 13, REPLACE WITH ATTACHED SECTION 00 43 13. 8. REMOVE SECTION 00 45 40, REPLACE WITH ATTACHED SECTION 00 45 40. 9. REMOVE SECTION 00 52 43, REPLACE WITH ATTACHED SECTION 00 52 43. 10. REMOVE SECTION 00 73 00, REPLACE WITH ATTACHED SECTION 00 73 00. 11. REMOVE SECTION 01 31 20, REPLACE WITH ATTACHED SECTION 01 31 20, 12. REMOVE SECTION 0135 13, REPLACE WITH ATTACHED SECTION 0135 13. 13. REMOVE SECTION 0170 00. 14. REMOVE SECTION 01 71 23, REPLACE WITH ATTACHED SECTION 01 71 23. 15. REMOVE SECTION TXDOT DISADVANTAGED BUSINESS ENTERPRISES (DBE) REQUIREMENTS, REPLACE WITH ATTACHED TXDOT DISADVANTAGED BUSINESS ENTERPRISES (DBE) REQUIREMENTS. 16. REMOVE SECTION GC-6.06.D. Acknowledge your receipt of Addendum No. 1 by completing the requested information at the following locations: (1) In the space provided in section 00 4100, bid form (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED AND ACKNOWLEDGED ADDENDUM NO. V All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering the bid non -responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED By: ryv:The 'Fr, ier, President Compa Fain Grom. Inc. Lauren Prieur Director, Transportation and Public Works Iskal Digitally signed by Iskal Shrestha By: Shrestha 0856:46 05'00'2 Iskal Shrestha, P.E., PMP Senior Project Manager END OF SECTION CITY OF FORT WORTH E. 4th Street/E. 1 st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 FORTWORTH. CONTRACT FOR THE CONSTRUCTION OF E. 4" Street/E. 1st Street On -Street Bicycle Improvements City Project No. 102601 Mattie Parker Mayor David Cooke City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 817-335-6511 Abhishek Acharya, P.E. (TPBE #124094; 06/14/2023 nil I �P0E° OF TF AMP *q�®®® Aw*o a IW00000000000000000000000000® ® ABHISHEK ACHARYA ®o00oo0000000000000000oo0oo_ �� 0124094 . �� io00 � o o �� !�° ° �� A �_. °O°°°°°O \� FORT W0RTH,P"I 1"r , _.j City of Fort Worth Standard Construction Specification Documents Adopted September 2011 E. 41h Street/E. P' Street On -Street Bicycle Improvements CPN 102601 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 08/13/2021 0035 13 Conflict of Interest Statement 02/24/2020 004100 Bid Form* 9/30/2021 00 42 43 Proposal Form Unit Price* 01/20/2012 004313 Bid Bond* 09/11/2017 0045 11 0045 1 Bidders Prequalifications Pfequalifieation Stateme 08/13/2021 nono n�= 0045 00 45 26 Contractor Compliance with Workers' Compensation Law 08/13/2024 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 08/22/2022 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 n7/ni 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 012500 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 0132 16 Construction Schedule 08/13/2021 01 32 33 Preconstruction Video 07/01/2011 013300 Submittals 12/20/2012 0135 13 Special Project Procedures 12/20/2012 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 0158 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 016600 Product Storage and Handling Requirements 07/01/2011 , ,nr22/2016 01 70 00 01 71 23 Mebilizafien and Remebilizatie.n. Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH E. 4t" Street/E. In Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents ►NGUTI- 1 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: ►f�► �l TxDOT Requirements (included in the project manual) 1. Disadvantaged Business Enterprises (DBE) Requirements 2. Buy America 3. Child Support Statement (Family Code §231.006) 4. State of Texas Child Support Business Ownership Form* 5. OSHA Implementation 6. Disclosure of Lobbying Activities* 7. Non -Collusion Affidavit and Debarment Certification* 8. Certificate of Insurance 9. Certification of Interest 10. Contractor's Assurance 11. Seals Page 12. Prevailing Minimum Wage — Davis Bacon 13. Prison Produced Materials 14. Differing Site Conditions 15. General Notes 16. TxDOT Specifications, Special Provisions, and Special Specifications List 17. Federal Requirements for Federal -Aid Construction Contracts (FHWA-1273) 18. "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges — Adopted by the Texas Department of Transportation November 1, 2014" — Included by Reference. *Required to be submitted with bid to be deemed a responsive bid. If these items are not submitted with the bid package, the bids will not be read publicly. Appendix SUE Existing SUE Layout Sheets END OF SECTION CITY OF FORT WORTH E. 41h Street/E. P1 Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 00 11 13 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of E. 4th Street/E. 1st Street On -Street Bicycle Improvements, CPN 102601 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, June 29, 2023 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: traffic signal modifications, curb ramps, sidewalk, pavement markings, signage, bike buffer vertical barriers, and a pedestrian hybrid beacon (PHB). PREQUALIFICATION N/A DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthtexas.gov/purchasing/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents will not be available for purchase. EXPRESSION OF INTERSEST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ CITY OF FORT WORTH E. 41" Street/E. 1't Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised 7/19/2021 00 11 13 INVITATION TO BIDDERS Page 2 of 2 PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: Tuesday, June 13, 2023 TIME: 9 AM CST Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from the Transportation Alternatives (TA) Grant and bond funds reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Iskal Shrestha, P.E., City of Fort Worth Email: iskal.shrestha(a,fortworthtexas.izov Phone: 817-392-7254 AND/OR Attn: Abhishek Acharya, Kimley-Horn and Associates Email: abhishek.acharva(&,kimlev-horn.com Phone: 817-339-2297 ADVERTISEMENT DATES Thursday, May 25, 2023 Thursday, June 1, 2023 END OF SECTION CITY OF FORT WORTH E. 41" Street/E. I It Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 10 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. 1. Biddcro or thar designated subs .+...,,.tors e e required to be p e all f ea F r the . types requiring prequalifieation as per- 0 15 11 BIDDERF- PREQUALIFICATIONS and 0 15 12 PREQ T n r I IC n TION e rr n TEr fH,',1T. Firth seeking pfe 0-1.1, mu t Dubmit the a e,,ment do identified i Sectio., nn 45 11 on Seetion 15 13 N-REQUAIJIFICATION APPLICATION at least seveWJ7) ealendar dap- prior to Bid opening forTeview and, ifqualified, aeeeptanee. The work"oo. F/jlwrmtfae4on�- V follow the same t olawo m R;a�szor oY��airing or EulSacc—t— who are not pr-equalified at the time bids are opened and cn.�-A rna-y eause the bid to be rejeet eok t`lp%) and ,t,.eume,.t.,tio by aeeessing-A 3.1.1. 1kavi Re a e„ts d e..t 1, eate,t at: CITY OF FORT WORTH E. 4t' Street/E. V Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 httmj:/,�am.f ft..ofthtemas..y,T-eiec4Dosour-.es/DesE)u-eesP,1020 %Nconotrua'' ° oatizy/TPWO,,'o2OPaN,in - %NGontn —,+,oro/ ` o 0 UIREMENTEo/ OFF 0i 2nn A vTT.Tr_0i �0NTTR pff aotrian T!. . t,«.. s ore,r.�orUktmew eetReseuf ees/Resouf o - -- ° - ° ,0 2n.,„aoi 2nneaol'r.,aro ° ° �-,�ETI��Tg/-, 20DIC.1IT%3 ° - - - 3.1.3. Weter and Eanita.--Sewems Regai��nt a,,,.,,mert located at: httro:Hav_ i.f ..+..,,, fthtexas eo,yiPr-oieet es,.ufees4; esoti eesnin2oi 2n 0 .00nsftnul0 ontfaetoeciva0 0 0 - ° o zrw-.-,AA IS So, 420i3r-e 3.2. Eaeh Biaaor, unl000 ourrontl;, uali€1ed, nruot Gubmit to City at least seven (7) Aday% p , DMDE-RE PRB 3.2,1.S�akjmixei ara-r2 tadtep r-e"Ai Ot the City een4aet as 3inlkamgmph 6. 1. 3.3. The City r-eserves the right to require any pr-e qualified eentrwter- who i a Wparant law bidder- for- a et to mbm. it sueh additional infefmatiell as the City, 'neludin tact nt lirsited-to im.np&, i-1}fornmtion a� md to So w34n, to -assist ft,e City i evaluating a-.d wagaGing the ability oft e apparent I-em, t,:aae f to deliver a quality pro, uct and s essfully complete projects for the amount ✓A within th"-stipalated time ft-ame Based upon the Citesesasses nwnt-ef th"-v!a sitt-d infonnation, a recommendation regarding the award of a eontmet will be made to the City Eourlc�l. Failura-t"oukmit the additional infofmation, if , may be gfoun for g-thuapp roast law bidder as non roo-ate � n �fo +ea l...,,,to fs , '"�71:'�izo6cv�coir�rccccvi�=vv i rr-vcnotified in vffiting of a r-eeommendation to the City Couneil. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH E. 41' Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Is advised that, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award. 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. CITY OF FORT WORTH E. 41' Street/E. I It Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required.. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. CITY OF FORT WORTH E. 41' Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Iskal Shrestha, P.E., Transportation and Public Works Department Email: iskal.shrestha@fortworthtexas.gov Phone: 817-392-7254 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. CITY OF FORT WORTH E. 41' Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration system at htt_os://docs.b360.autodesk.com/shares/a097018_f-3426- 4441-9573-587362e9a51b 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No. 24534-11-2020 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. CITY OF FORT WORTH E. 41' Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 Business Equity Ordinance No. 24534-11-2020, as amended, codified at: httvs:Hcodelibrarv.amleRal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies maybe obtained from the City. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. CITY OF FORT WORTH E. 41h Street/E. V Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. CITY OF FORT WORTH E. 41' Street/E. I It Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 474. Purvaant t ill r.t mv-ard eentfwt to a Ner&esideftt Bidder- unless the NofffesidepA Bidder's bid is lower- th the trbn t>7e same Amountthat A Texas resident bidder- would be required to under -bid a Nonmsident Bidder- to obtain a- eornpwcRk ultra--t in tlho Gam: ciYal r)ra e-of business is loeated. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httns://www.ethics.state.tx.us/data/forms/1295/1295.ndf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. CITY OF FORT WORTH E. 4t' Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH E. 41" Street/E. I It Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: E. 4th Street/E. 1st Street On -Street Bicycle Improvements From IH-35W to Haltom Road City Project No.: 102601 Units/Sections: Unit I - CSJ 0902-90-195 Unit II - CSJ 0902-90-196 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS E. 4th Street/E. 1st Street On -Street Bicycle Improvements Revised 9/30/2021 CPN 102601 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. b. C. d. e. f. 9. h. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 192 working days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. MWBE Forms (optional at time of bid) e. Conflict of Interest Statement, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary f. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS E. 4th Street/E. 1st Street On -Street Bicycle Improvements Revised 9/30/2021 CPN 102601 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid 7. Bid Submittal This Bid is submitted on Respectfully submitted, By Title: Title Here (Signature) Month Day, Year Printed Name Here (Printed Name) Company: Company Name Here Address: Address Here Address Here or Space City, State Zip Code Here State of Incorporation: State Here Email: Your Email Address Here Phone: Your Phone Number Here END OF SECTION $0.00 by the entity named below. IReceipt is acknowledged of the following Addenda: JAddendum No. 1: JAddendum No. 2: JAddendum No. 3: JAddendum No. 4: 1 Corporate Seal: Initial CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS E. 4th Street/E. 1st Street On -Street Bicycle Improvements Revised 9/30/2021 CPN 102601 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information JUnit I - CSJ 0902-90-195 Bidlist Item Description No. 1-1 PREPARING ROW 1-2 REMOVING CONC (PAV) 1-3 REMOVING CONC (DRIVEWAYS) 1-4 REMOVING CONC (CURB) 1-5 REMOVING CONC (CURB AND GUTTER) 1-6 REMOVING CONC (SIDEWALK OR RAMP) 1-7 REMOV STAB BASE AND ASPH PAV (0"-12") 1-8 FURNISHING AND PLACING TOPSOIL 1-9 BLOCK SODDING 1-10 FL BS (CMP IN PLC)(TYA GR1-2) (6") 1-11 CONC PVMT (CONT REINF - CRCP) (7") 1-12 DRILL SHAFT (TRF SIG POLE) (36 IN) 1-13 RIPRAP (CONC)(4 IN) 1-14 ADJUSTING MANHOLES 1-15 MOBILIZATION 1-16 BARRICADES, SIGNS AND TRAFFIC HANDLING 1-17 TEMP SEDMT CONT FENCE (INSTALL) 1-18 TEMP SEDMT CONT FENCE (REMOVE) 1-19 BIODEG EROSN CONT LOGS (INSTL) (8") 1-20 BIODEG EROSN CONT LOGS (REMOVE) 1-21 PERM CTB (F-SHAPE) (TY 4) 1-22 COLORED TEXTURED CONC (6") 1-23 COLORED TEXTURED CONC (7) 1-24 CONC CURB & GUTTER (TY 11) 1-25 CONC CURB (MOUNTABLE) 1-26 DRIVEWAYS (GONG) 1-27 CONC SIDEWALKS (4") 1-28 CURB RAMPS (TY 5) 1-29 CURB RAMPS (TY 7) 1-30 CURB RAMPS (TY 10) 1-31 REMOVE METAL BEAM GUARD FENCE 1-32 CONDT (PVC) (SCH 80) (3") 1-33 CONDT (PVC) (SCH 80) (3") (BORE) 1-34 ELEC CONDR (NO.10) INSULATED 1-35 ELEC CONDR (NO.8) BARE 1-36 ELEC CONDR (NO.6) INSULATED 1-37 GROUND BOX TY D (162922)W/APRON 1-38 IN SM RD SN SUP&AM TY10BWG(1)SA(P) 1-39 IN SM RD SN SUP&AM (INST SIGN ONLY) 1-40 RELOCATE SM RD SN SUP&AM(SIGN ONLY) 1-41 REMOVE SM RD SN SUP&AM 1-42 REMOVE SM RD SN SUP&AM (SIGN ONLY) 1-43 REFL PAV MRK TY I (W)6"(DOT)(100MIL) 1-44 REFL PAV MRK TY I (W)8"(DOT)(100MIL) 1-45 REFL PAV MRK TY I (W)8"(SLD)(100MIL) 1-46 REFL PAV MRK TY I (W)12"(SLD)(100MIL) 1-47 REFL PAV MRK TY I (W)24"(SLD)(100MIL) 00 42 43 BID PROPOSAL Pagel of5 Bidder's Application Bidder's Proposal Specification Unit of Bid Section No. Measure Unit Price Quantity 0100 6002 STA 7 0104 6001 SY 795 0104 6017 SY 300 0104 6021 LF 135 0104 6022 LF 285 0104 6036 SY 150 0105 6096 SY 35 0160 6005 CY 20 0162 6002 SY 125 0247 6061 SY 635 0360 6001 SY 565 0416 6032 LF 52 0432 6001 CY 5 0479 6001 EA 2 0500 6001 LS 0.5 0502 6001 MO 5 0506 6038 LF 295 0506 6039 LF 295 0506 6040 LF 129 0506 6043 LF 129 0514 6016 LF 1460 0528 6002 SY 106 0528 6010 SY 23 0529 6008 LF 295 0529 6024 LF 710 0530 6004 SY 427 05316001 SY 592 05316008 EA 1 05316010 EA 15 05316013 EA 2 0542 6001 LF 35 0618 6053 LF 280 0618 6054 LF 585 0620 6006 LF 790 0620 6007 LF 965 0620 6010 LF 425 0624 6010 EA 9 0644 6001 EA 33 0644 6067 EA 5 0644 6075 EA 3 0644 6076 EA 2 0644 6078 EA 2 0666 6018 LF 1106 0666 6030 LF 45 0666 6036 LF 2595 0666 6042 LF 440 0666 6048 LF 2440 Bid Value CITY OF FORT WORTH E. 4th Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 3/8/2023 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information Unit I - CSJ 0902-90-195 Bidlist Item Description No. 1-48 REFL PAV MRK TY I (W)(ARROW)(100MIL) 1-49 REFL PAV MRK TY I (W)(WORD)(100MIL) 1-50 REFL PAV MRK TY I (W)(RR XING)(100MIL) 1-51 REF PAV MRK TY I(W)18"(YLD TRI)(100MIL) 1-52 REFL PAV MRK TY I (W)(BIKE ARW)(100MIL) 1-53 REFL PAV MRK TY I(W)(BIKE SYML)(100MIL) 1-54 REFL PAV MRK TY 11 (W) 6" (BRK) 1-55 REFL PAV MRK TY 11 (W) 6" (DOT) 1-56 REFL PAV MRK TY 11 (W) 6" (SLD) 1-57 REFL PAV MRK TY 11 (W) 8" (DOT) 1-58 REFL PAV MRK TY II (W) 8" (SLD) 1-59 REFL PAV MRK TY II (W) 12" (SLD) 1-60 REFL PAV MRK TY 11 (W) 24" (SLD) 1-61 REFL PAV MRK TY II (W) (ARROW) 1-62 REFL PAV MRK TY II (W) (WORD) 1-63 REFL PAV MRK TY II (W) (RR XING) 1-64 REFL PAV MRK TY II (W) 18" (YLD TRI) 1-65 REFL PAV MRK TY II (W) (BIKE ARROW) 1-66 REFL PAV MRK TY II (W) (BIKE SYMBOL) 1-67 REFL PAV MRK TY II (Y) 6" (SLD) 1-68 REFL PAV MRKR TY I-C 1-69 REFL PAV MRKR TY 11-A-A 1-70 TRAFFIC BUTTON TY W (TURTLE DOMES) 1-71 ELIM EXT PAV MRK & MRKS (4") 1-72 ELIM EXT PAV MRK & MRKS (8") 1-73 ELIM EXT PAV MRK & MRKS (24") 1-74 ELIM EXT PAV MRK & MRKS (ARROW) 1-75 ELIM EXT PAV MRK & MRKS (WORD) 1-76 ELIM EXT PAV MRK & MARKS (BIKE ARROW) 1-77 ELIM EXT PAV MRK & MARKS (BIKE SYMBOL) 1-78 ELIM EXT PAV MRK & MRKRS(PLOWABLE RPMS) 1-79 PAV SURF PREP FOR MRK (6") 1-80 PAV SURF PREP FOR MRK (8") 1-81 PAV SURF PREP FOR MRK (12") 1-82 PAV SURF PREP FOR MRK (24") 1-83 PAV SURF PREP FOR MRK (ARROW) 1-84 PAV SURF PREP FOR MRK (WORD) 1-85 PAV SURF PREP FOR MRK (RR XING) 1-86 PAV SURF PREP FOR MRK (18")(YLD TRI) 1-87 PAV SURF PREP FOR MRK (BIKE ARROW) 1-88 PAV SURF PREP FOR MRK (BIKE SYMBOL) 1-89 INSTALL HWY TRF SIG (UPGRADE) 1-90 VEH SIG SEC (12")LED(GRN) 1-91 VEH SIG SEC (12")LED(GRN ARW) 1-92 VEH SIG SEC (12")LED(YEL) 1-93 VEH SIG SEC (12")LED(YEL ARW) 1-94 VEH SIG SEC (12")LED(RED) 00 42 43 BID PROPOSAL Page 2 of 5 Bidder's Application Bidder's Proposal Specification Unit of Bid Section No. Measure Unit Price Quantity 0666 6054 EA 22 0666 6078 EA 8 0666 6093 EA 2 0666 6099 EA 5 0666 6105 EA 37 0666 6111 EA 37 0666 6171 LF 95 0666 6172 LF 1106 0666 6174 LF 20325 0666 6176 LF 45 0666 6178 LF 2595 0666 6180 LF 440 0666 6182 LF 2440 0666 6184 EA 22 0666 6192 EA 8 0666 6196 EA 2 0666 6198 EA 5 0666 6200 EA 37 0666 6202 EA 37 0666 6210 LF 14490 0672 6007 EA 61 0672 6009 EA 201 0672 6016 EA 360 0677 6001 LF 14595 0677 6003 LF 1651 0677 6007 LF 729 0677 6008 EA 3 0677 6012 EA 5 0677 6023 EA 19 0677 6025 EA 19 0677 6038 EA 2440 0678 6002 LF 36016 0678 6004 LF 2640 0678 6006 LF 440 0678 6008 LF 3520 0678 6009 EA 22 0678 6016 EA 8 0678 6020 EA 2 0678 6022 EA 5 0678 6026 EA 37 0678 6028 EA 37 0680 6011 EA 2 0682 6001 EA 12 0682 6002 EA 4 0682 6003 EA 12 0682 6004 EA 4 0682 6005 EA 12 Bid Value CITY OF FORT WORTH E. 4th Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 3/8/2023 00 42 43 BID PROPOSAL Page 3 of 5 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit I - CSJ 0902-90-195 Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity 1-95 VEH SIG SEC (12")LED(RED ARW) 0682 6006 EA 4 1-96 PED SIG SEC (LED)(COUNTDOWN) 0682 6018 EA 16 1-97 BACKPLATE W/REFL BRDR(3 SEC)(VENT)ALUM 0682 6054 EA 16 1-98 TRF SIG CBL (TY A)(14 AWG)(3 CONDR) 0684 6029 LF 2160 1-99 TRF SIG CBL (TY A)(14 AWG)(5 CONDR) 0684 6031 LF 205 1-100 TRF SIG CBL (TY A)(14 AWG)(7 CONDR) 0684 6033 LF 495 1-101 TRF SIG CBL (TY A)(14 AWG)(12 CONDR) 0684 6038 LF 1185 1-102 TRF SIG CBL (TY A)(14 AWG)(20 CONDR) 0684 6046 LF 445 1-103 INS TRF SIG PL AM(S)l ARM(36')LUM 0686 6039 EA 1 1-104 INS TRF SIG PL AM(S)l ARM(40') 0686 6041 EA 1 1-105 INS TRF SIG PL AM(S)1 ARM(40')LUM 0686 6043 EA 1 1-106 INS TRF SIG PL AM(S)1 ARM(48')LUM 0686 6051 EA 1 1-107 PED POLE ASSEMBLY 0687 6001 EA 12 1-108 PED DETECT PUSH BUTTON (APS) 0688 6001 EA 16 1-109 REMOVAL OF GROUND BOXES 0690 6006 EA 8 1-110 REMOVAL OF PEDESTRIAN PUSH BUTTONS 0690 6030 EA 16 1-111 REMOVAL OF SIGNAL POLE ASSM 0690 6051 EA 4 1-112 REMOVE PED POLE ASSM 0690 6089 EA 4 1-113 PORTABLE CHANGEABLE MESSAGE SIGN 6001 6001 DAY 20 1-114 CONDUIT (PREPARE) 6027 6003 LF 170 1-115 VIDEO IMAGING AND RAD VEH DETECTION SYS 6083 6001 EA 2 Sub -Total Unit 1 -� Unit 11 - CSJ 0902-90-196 Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value II-1 PREPARING ROW 0100 6002 STA 4 11-2 REMOVING CONC (PAV) 0104 6001 SY 385 11-3 REMOVING CONC (CURB) 0104 6021 LF 70 11-4 REMOVING CONC (CURB AND GUTTER) 0104 6022 LF 195 11-5 REMOVING CONC (SIDEWALK OR RAMP) 0104 6036 SY 240 11-6 FURNISHING AND PLACING TOPSOIL 0160 6005 CY 6 II-7 BLOCK SODDING 0162 6002 SY 30 II-8 FL BS (CMP IN PLC)(TYA GR1-2) (6") 0247 6061 SY 265 II-9 CONC PVMT (CONT REINF - CRCP) (7") 0360 6001 SY 240 II-10 DRILL SHAFT (TRF SIG POLE) (36 IN) 0416 6032 LF 26 II-11 MOBILIZATION 0500 6001 LS 0.5 II-12 BARRICADES, SIGNS AND TRAFFIC HANDLING 0502 6001 MO 4 II-13 TEMP SEDMT CONT FENCE (INSTALL) 0506 6038 LF 190 II-14 TEMP SEDMT CONT FENCE (REMOVE) 0506 6039 LF 190 II-15 BIODEG EROSN CONT LOGS (INSTL) (8") 0506 6040 LF 54 II-16 BIODEG EROSN CONT LOGS (REMOVE) 0506 6043 LF 54 II-17 PERM CTB (F-SHAPE) (TY 4) 0514 6016 LF 2690 II-18 COLORED TEXTURED CONC (6") 0528 6002 SY 62 II-19 COLORED TEXTURED CONC (7) 0528 6010 SY 28 11-20 CONC CURB & GUTTER (TY 11) 0529 6008 LF 180 11-21 CONC CURB (MOUNTABLE) 0529 6024 LF 350 11-22 CONC SIDEWALKS (4") 0531 6001 SY 195 CITY OF FORT WORTH E. 4th Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 3/8/2023 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information Unit I - CSJ 0902-90-195 Bidlist Item Description No. 11-23 CURB RAMPS (TY 1) 11-24 CURB RAMPS (TY 7) 11-25 CONC SIDEWALK (SPECIAL)(RETAINING WALL) 11-26 REPLACE LUMINAIRE W/LED (150W EO) 11-27 CONDT (PVC) (SCH 80) (2") II-28 CONDT (PVC) (SCH 80) (3") 11-29 CONDT (PVC) (SCH 80) (3") (BORE) II-30 ELEC CONDR (NO.10) INSULATED II-31 ELEC CONDR (NO.8) BARE II-32 ELEC CONDR (NO.6) BARE II-33 GROUND BOX TY D (162922)W/APRON II-34 ELC SRV TY D 120/240 060(NS)SS(E)PS(U) II-35 IN SM RD SN SUP&AM TY10BWG(1)SA(P) II-36 IN SM RD SN SUP&AM (INST SIGN ONLY) II-37 REFL PAV MRK TY I (W)6"(DOT)(100MIL) II-38 REFL PAV MRK TY I (W)8"(DOT)(100MIL) II-39 REFL PAV MRK TY I (W)8"(SLD)(100MIL) II-40 REFL PAV MRK TY I (W)24"(SLD)(100MIL) II-41 REFL PAV MRK TY I (W)(ARROW)(100MIL) 11-42 REFL PAV MRK TY I (W)(WORD)(100MIL) 11-43 REFL PAV MRK TY I (W)(BIKE ARW)(100MIL) 11-44 REFL PAV MRK TY 1(W)(BIKE SYML)(100MIL) 11-45 REFL PAV MRK TY 11 (W) 6" (BRK) 11-46 REFL PAV MRK TY I I (W) 6" (DOT) 11-47 REFL PAV MRK TY 11 (W) 6" (SLD) 11-48 REFL PAV MRK TY 11 (W) 8" (DOT) 11-49 REFL PAV MRK TY 11 (W) 8" (SLD) 11-50 REFL PAV MRK TY 11 (W) 24" (SLD) 11-51 REFL PAV MRK TY 11 (W) (ARROW) II-52 REFL PAV MRK TY 11 (W) (WORD) 11-53 REFL PAV MRK TY 11 (W) (BIKE ARROW) II-54 REFL PAV MRK TY 11 (W) (BIKE SYMBOL) II-55 REFL PAV MRK TY 11 (Y) 6" (SLD) II-56 REFL PAV MRKR TY I-C II-57 REFL PAV MRKR TY II -A -A II-58 TRAFFIC BUTTON TY W (TURTLE DOMES) II-59 ELIM EXT PAV MRK & MRKS (4") II-60 ELIM EXT PAV MRK & MRKS (8") II-61 ELIM EXT PAV MRK & MRKS (24") II-62 ELIM EXT PAV MRK & MRKS (ARROW) II-63 ELIM EXT PAV MRK & MRKS (WORD) II-64 ELIM EXT PAV MRK & MARKS (BIKE ARROW) II-65 ELIM EXT PAV MRK & MARKS (BIKE SYMBOL) II-66 ELIM EXT PAV MRK & MRKRS(PLOWABLE RPMS) II-67 PAV SURF PREP FOR MRK (6") 11-68 PAV SURF PREP FOR MRK (8") 11-69 PAV SURF PREP FOR MRK (24") 00 42 43 BID PROPOSAL Page 4 of 5 Bidder's Application Bidder's Proposal Specification Unit of Bid Section No. Measure Unit Price Quantity 05316004 EA 1 05316010 EA 9 05316057 SF 128 0610 6101 EA 4 0618 6046 LF 35 0618 6053 LF 220 0618 6054 LF 85 0620 6006 LF 630 0620 6007 LF 350 0620 6009 LF 30 0624 6010 EA 7 0628 6144 EA 1 0644 6001 EA 21 0644 6067 EA 2 0666 6018 LF 130 0666 6030 LF 27 0666 6036 LF 2453 0666 6048 LF 1420 0666 6054 EA 16 0666 6078 EA 8 0666 6105 EA 23 0666 6111 EA 23 0666 6171 LF 215 0666 6172 LF 130 0666 6174 LF 17565 0666 6176 LF 27 0666 6178 LF 2453 0666 6182 LF 1420 0666 6184 EA 16 0666 6192 EA 8 0666 6200 EA 23 0666 6202 EA 23 0666 6210 LF 10150 0672 6007 EA 66 0672 6009 EA 160 0672 6016 EA 452 0677 6001 LF 5240 0677 6003 LF 791 0677 6007 LF 748 0677 6008 EA 15 0677 6012 EA 7 0677 6023 EA 2 0677 6025 EA 2 0677 6038 EA 1994 0678 6002 LF 28060 0678 6004 LF 2480 0678 6008 LF 2035 Bid Value CITY OF FORT WORTH E. 4th Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 3/8/2023 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information Unit I - CSJ 0902-90-195 Bidlist Item Description No. 11-70 PAV SURF PREP FOR MIRK (ARROW) 11-71 PAV SURF PREP FOR MIRK (WORD) 11-72 PAV SURF PREP FOR MIRK (BIKE ARROW) 11-73 PAV SURF PREP FOR MIRK (BIKE SYMBOL) 11-74 INSTALL HWY TRF SIG (FLASH BEACON) 11-75 INSTALL HWY TRF SIG (UPGRADE) 11-76 VEH SIG SEC (12")LED(GRN) II-77 VEH SIG SEC (12")LED(YEL) II-78 VEH SIG SEC (12")LED(RED) II-79 PED SIG SEC (LED)(COUNTDOWN) II-80 BACKPLATE W/REFL BRDR(3 SEC)ALUM II-81 TRF SIG CBL (TY A)(14 AWG)(3 CONDR) II-82 TRF SIG CBL (TY A)(14 AWG)(5 CONDR) II-83 TRF SIG CBL (TY A)(14 AWG)(7 CONDR) II-84 TRF SIG CBL (TY A)(14 AWG)(12 CONDR) II-85 TRF SIG CBL (TY A)(14 AWG)(20 CONDR) II-86 INS TRF SIG PL AM(S)l ARM(36')LUM II-87 INS TRF SIG PL AM(S)l ARM(40')LUM II-88 PED POLE ASSEMBLY II-89 PED DETECT PUSH BUTTON (APS) 11-90 REMOVAL OF GROUND BOXES 11-91 PORTABLE CHANGEABLE MESSAGE SIGN 11-92 CCTV FIELD EQUIPMENT (DIGITAL) 11-93 CCTV MOUNT (POLE) 11-94 CONDUIT (PREPARE) 11-95 VIVDS CAM ASSY 360 II-96 VIVDS CABLING CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 3/8/2023 00 42 43 BID PROPOSAL Page 5 of 5 Bidder's Application Bidder's Proposal Specification Unit of Bid Section No. Measure Unit Price Quantity 0678 6009 EA 16 0678 6016 EA 8 0678 6026 EA 23 0678 6028 EA 23 0680 6001 EA 1 0680 6011 EA 1 0682 6001 EA 2 0682 6003 EA 7 0682 6005 EA 12 0682 6018 EA 2 0682 6051 EA 7 0684 6029 LF 1580 0684 6031 LF 20 0684 6033 LF 255 0684 6038 LF 350 0684 6046 LF 160 0686 6039 EA 1 0686 6043 EA 1 0687 6001 EA 9 0688 6001 EA 9 0690 6006 EA 4 60016001 DAY 20 6010 6002 EA 1 6010 6004 EA 1 6027 6003 LF 365 6306 6004 EA 1 6306 6007 LF 170 Bid Summary Base Bid END OF SECTION Bid Value Sub -Total Unit 2 -� Total Unit I - CSJ 0902-90-195: $1 Total Unit 11 - CSJ 0902-90-196: $ Total Base Bid Total Bidl E. 4th Street/E. 1st Street On -Street Bicycle Improvements CPN 102601 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 2 That we, , known as "Bidder" herein and a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, 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 sum of five percent (5%) of Bidder's maximum bid price, in 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 submitted a bid or proposal to perform Work for the following project designated as CPN 102601, E. 4th Street/E. 1st Street On -Street Bicycle Improvements NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. 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, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 2023. ATTEST: Witness as to Principal CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 PRINCIPAL: BY: Signature Name and Title E. 4th Street/E. 1st Street On -Street Bicycle Improvements CPN 102601 Witness as to Surety Attach Power of Attorney (Surety) for Attorney -in -Fact Address SURETY BY: Signature Name and Title Address: Telephone Number 00 43 13 BID BOND Page 2 of 2 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH E. 4th Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 9/30/2021 004540-1 Business Equity Goal Page 1 of 2 SECTION 00 45 40 Business Equity Goal APPLICATION OF POLICY If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises (M/WBEs). 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: httvs://codelibrarv.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EOUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 6% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REOUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Protege participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 hlg2s:HggRs.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Business Equity Utilization 46 Form_DVIN 2022 220324.12df 47 48 Letter of Intent CITY OF FORT WORTH E. 4th Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 httos:Happs.fortworthtexas.aov/Pro_iectResources/ResourcesP/60 - MWBE/Letter of Intent_DVIN 202 Lvdf Business Equity Good Faith Effort Form https:HgRj2s.fortworthtexas. o�jectResources/ResourcesP/60 - MWBE/Good Faith Effort Form_DVIN 2022.12df 8 Business Equity Prime Contractor Waiver Form 9 httvs:Hapes.fortworthtexas.Rov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.udf 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Business Equity Joint Venture Form httvs:Hapes.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.Ddf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. END OF SECTION CITY OF FORT WORTH E. 41h Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised October 27, 2021 005243-1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on , is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and , authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: E. 4th Street/E. 1st Street On -Street Bicycle Improvements CPN 102601 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of Dollars ($ ). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 192 working days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City One -Thousand and 00/100 Dollars ($1.000.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH E. 4'h Street/E. I� Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 005243-2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 3) Pmquali 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to overate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH E. 41h Street/E. I� Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification Provision is specifically intended to overate and be effective even if it is alleged or Proven that all or some of the damages being sought were caused, in whole or in Part, by anv act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH E. 4'h Street/E. I� Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 005243-4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH E. 41h Street/E. I� Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH E. 4'h Street/E. I� Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: City of Fort Worth By: By: Signature William M Johnson Assistant City Manager (Printed Name) Date Title Attest: 2500 Great SW Parkway Address Jannette Goodall, City Secretary Fort Worth, TX 76106 City/State/Zip (Seal) M&C: Date Date: Form 1295 No.: Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Iskal Shrestha, P.E. Sr. Project Manager Approved as to Form and Legality: Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: Lauren Prieur, Director Transportation & Public Works Department CITY OF FORT WORTH E. 4s' Street/E. 1,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 00 73 00 SUPPLEMENTARY CONDITIONS SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions Page 1 of 6 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of March 13, 2023: Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER NUMBER TARGET DATE OF POSSESSION PE2 SAI KRIPA RB INVESTMENT, INC. 3/2023 PE4 FITTINGS, INC. 9/2022 PE5 MCQUEARY INDUSTRIES, INC. 10/2022 PE6 RAMONA TOVAR CRUZ 9/2022 PE7 PARTRICA N. ANTHONY 12/2022 PE8 TTIRE, LLC 11/2022 PE9 OLGA MORENO 12/2022 CITY OF FORT WORTH E. 41' Street/E. I It Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 6 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of March 13, 2023: EXPECTED UTILITY AND LOCATION OWNER TARGET DATE OF ADJUSTMENT The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: None The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: None SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: Kimley-Horn and Associates, Inc. (3) Other: None SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: CITY OF FORT WORTH E. 41h Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 6 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit SC-5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits o£ $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., "Contractor's Insurance" Not applicable. SC-6.04., "Project Schedule" Project schedule shall be tier 4 for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: CFW Horizontal Wage Rate Table, 2013 Prevailing Wage Rates CFW Vertical Wage Rate Table, 2013 Prevailing Wage Rates CITY OF FORT WORTH E. 41' Street/E. 1'1 Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 6 A copy of the table is also available by accessing the City's website at: httns:Hanps.fortworthtexas.gov/Proi ectResources/ You can access the file by following the directory path: 02-Construction Documents/Specifications/Div00 — General Conditions SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" None SC-6.09B. "City obtained permits and licenses" None SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of March 13, 2023 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-6.24B., "Title VI, Civil Rights Act of 1964 as amended" During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. CITY OF FORT WORTH E. 41' Street/E. 1't Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 6 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City, or the Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the perfonnance of other work at the Site: Vendor None Scope of Work SC-8.01, "Communications to Contractor" None Coordination Authority SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Iskal Shrestha, P.E. or his/her successor pursuant to written notification from the Director of Transportation and Public Works. SC-13.03C., "Tests and Inspections" None CITY OF FORT WORTH E. 41' Street/E. 1't Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 6 SC-14.02C.2, "Retainage" Retainage percentage is a maximum of 10% for contracts valued between $400,000 and $4,999,999, or a maximum of 5% for contracts valued at $5M or greater. SC-16.01C.1, "Methods and Procedures" None END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1/22/2016 F. Griffin SC-9.01., "City's Project Representative" wording changed to City's Project Manager. 3/9/2020 D.V. Magana SC-6.07, Updated the link such that files can be accessed via the City's website. CITY OF FORT WORTH E. 41h Street/E. 1" Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised March 9, 2020 013120-1 PROJECT MEETINGS Pagel of 3 1 SECTION 013120 2 PROJECT MEETINGS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 — General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified, periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded, tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section, may be held when requested 29 by the City, Engineer or Contractor. 30 B. Pre -Construction Neighborhood Meeting 31 1. After the execution of the Agreement, but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule, including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of meeting to be determined by the City. 37 3. Attendees 38 a. Contractor CITY OF FORT WORTH E. 41' Street/E. I It Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 013120-2 PROJECT MEETINGS Page 2 of 3 b. Project Representative c. Other City representatives 4. Meeting Schedule a. In general, the neighborhood meeting will occur within the 2 weeks following the pre -construction conference. b. In no case will construction be allowed to begin until this meeting is held. C. Progress Meetings 1. Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as - needed basis. Such additional meetings shall include, but not be limited to: a. Coordinating shutdowns b. Installation of piping and equipment c. Coordination between other construction projects d. Resolution of construction issues e. Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives f. Others, as requested by the Project Representative 5. Preliminary Agenda may include: a. Review of Work progress since previous meeting b. Field observations, problems, conflicts c. Items which impede construction schedule d. Review of off -site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts f. Corrective measures and procedures to regain projected schedule g. Revisions to construction schedule h. Progress, schedule, during succeeding Work period i. Coordination of schedules j. Review submittal schedules k. Maintenance of quality standards 1. Pending changes and substitutions in. Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request p. Review status of Requests for Information CITY OF FORT WORTH E. 41' Street/E. 1't Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 013120-3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 END OF SECTION 22 Revision Log DATE NAME SUMMARY OF CHANGE 23 CITY OF FORT WORTH E. 41' Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 0135 13- 1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 SECTION 013513 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 — General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Coordination within Railroad permit areas 27 a. Measurement 28 1) Measurement for this Item will be by lump sum. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 will be paid for at the lump sum price bid for Railroad Coordination. 32 c. The price bid shall include: 33 1) Mobilization 34 2) Inspection 35 3) Safety training 36 4) Additional Insurance 37 5) Insurance Certificates 38 6) Other requirements associated with general coordination with Railroad, 39 including additional employees required to protect the right-of-way and 40 property of the Railroad from damage arising out of and/or from the 41 construction of the Project. 42 2. Railroad Flagmen CITY OF FORT WORTH E. 41' Street/E. I It Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised December 20, 2012 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 a. Measurement 2 1) Measurement for this Item will be per working day. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 will be paid for each working day that Railroad Flagmen are present at the 6 Site. 7 c. The price bid shall include: 8 1) Coordination for scheduling flagmen 9 2) Flagmen 10 3) Other requirements associated with Railroad 11 3. All other items 12 a. Work associated with these Items is considered subsidiary to the various Items 13 bid. No separate payment will be allowed for this Item. 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this Specification refer to the current reference 17 standard published at the time of the latest revision date logged at the end of this 18 Specification, unless a date is specifically cited. 19 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 20 High Voltage Overhead Lines. 21 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 22 Specification 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Coordination with the Texas Department of Transportation 25 1. When work in the right-of-way which is under the jurisdiction of the Texas 26 Department of Transportation (TxDOT): 27 a. Notify the Texas Department of Transportation prior to commencing any work 28 therein in accordance with the provisions of the permit 29 b. All work performed in the TxDOT right-of-way shall be performed in 30 compliance with and subject to approval from the Texas Department of 31 Transportation 32 B. Work near High Voltage Lines 33 1. Regulatory Requirements 34 a. All Work near High Voltage Lines (more than 600 volts measured between 35 conductors or between a conductor and the ground) shall be in accordance with 36 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 37 2. Warning sign 38 a. Provide sign of sufficient size meeting all OSHA requirements. 39 3. Equipment operating within 10 feet of high voltage lines will require the following 40 safety features 41 a. Insulating cage -type of guard about the boom or arm 42 b. Insulator links on the lift hook connections for back hoes or dippers 43 c. Equipment must meet the safety requirements as set forth by OSHA and the 44 safety requirements of the owner of the high voltage lines 45 4. Work within 6 feet of high voltage electric lines CITY OF FORT WORTH E. 41' Street/E. I It Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Air Pollution Watch Days 1. General a. Observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". b. Typical Ozone Season 1) May 1 through October 31. c. Critical Emission Time 1) 6:00 a.m. to 10:00 a.m. 2. Watch Days a. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. b. Requirements 1) Begin work after 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. 2) However, the Contractor may begin work prior to 10:00 a.m. if: a) Use of motorized equipment is less than 1 hour, or b) If equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. E. TCEQ Air Permit 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. F. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 013 1 13 G. Water Department Coordination CITY OF FORT WORTH E. 41' Street/E. 1't Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised December 20, 2012 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 1. During the construction of this project, it will be necessary to deactivate, for a 2 period of time, existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed, obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a water valve on an existing live system be turned off and on 11 to accommodate the construction of the project is required, coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate water line valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal 15 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition, the Contractor will assume all liabilities and 18 responsibilities as a result of these actions. 19 H. Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by block 21 basis, prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction. The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No (CPN) 30 c) Scope of Project (i.e. type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 I. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction, prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CITY OF FORT WORTH E. 41' Street/E. 1't Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. J. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. K. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. 3. Railroad Flagmen a. Submit receipts to City for verification of working days that railroad flagmen were present on Site. L. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. M. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH E. 4t' Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised December 20, 2012 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 1? DATE NAME 8/31/2012 D.Johnson 13 END OF SECTION Revision Log SUMMARY OF CHANGE 1.4.13 — Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 1.4.E — Added Contractor responsibility for obtaining a TCEQ Air Permit CITY OF FORT WORTH E. 41' Street/E. I It Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 35 13 - 7 SPECIAL PROJECT PROCEDURES Page 7 of 8 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR MC. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH E. 41h Street/E. 1" Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised December 20, 2012 I PA 3 4 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 EXHIBIT B FORT WORTH Daft: DOE NO. XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR CITY OF FORT WORTH E. 41h Street/E. 1" Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised December 20, 2012 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Pagel of 8 1 SECTION 017123 2 CONSTRUCTION STAKING AND SURVEY 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 A. Measurement and Payment 1. Construction Staking a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "Construction Staking". 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following: 1) Verification of control data provided by City. 2) Placement, maintenance and replacement of required stakes and markings in the field. 3) Preparation and submittal of construction staking documentation in the form of "cut sheets" using the City's standard template. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 3. As -Built Survey a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "As -Built Survey". CITY OF FORT WORTH E. 41' Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised February 14, 2018 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 1 2) Payment for "Construction Staking" shall be made in partial payments 2 prorated by work completed compared to total work included in the lump sum 3 item. 4 c. The price bid shall include, but not be limited to the following:: 5 1) Field measurements and survey shots to identify location of completed 6 facilities. 7 2) Documentation and submittal of as -built survey data onto contractor redline 8 plans and digital survey files. 9 10 1.3 REFERENCES 11 A. Definitions 12 1. Construction Survev - The survey measurements made prior to or while 13 construction is in progress to control elevation, horizontal position, dimensions and 14 configuration of structures/improvements included in the Project Drawings. 15 2. As -built Survev —The measurements made after the construction of the 16 improvement features are complete to provide position coordinates for the features 17 of a project. 18 3. Construction Stakina — The placement of stakes and markings to provide offsets 19 and elevations to cut and fill in order to locate on the ground the designed 20 structures/improvements included in the Project Drawings. Construction staking 21 shall include staking easements and/or right of way if indicated on the plans. 22 4. Survev "Field Checks" — Measurements made after construction staking is 23 completed and before construction work begins to ensure that structures marked on 24 the ground are accurately located per Project Drawings. 25 B. Technical References 26 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw 27 website) — 01 71 23.16.01— Attachment A Survey Staking Standards 28 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available 29 on City's Buzzsaw website). 30 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 31 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land 32 Surveying in the State of Texas, Category 5 33 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. The Contractor's selection of a surveyor must comply with Texas Government 36 Code 2254 (qualifications based selection) for this project. 37 1.5 SUBMITTALS 38 A. Submittals, if required, shall be in accordance with Section 0133 00. 39 B. All submittals shall be received and reviewed by the City prior to delivery of work. 40 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 41 A. Field Quality Control Submittals CITY OF FORT WORTH E. 41' Street/E. I It Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised February 14, 2018 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1 1. Documentation verifying accuracy of field engineering work, including coordinate 2 conversions if plans do not indicate grid or ground coordinates. 3 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 4 (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 5 1.7 CLOSEOUT SUBMITTALS 6 B. As -built Redline Drawing Submittal 7 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of 8 constructed improvements signed and sealed by Registered Professional Land 9 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01— Attachment A 10 — Survey Staking Standards) . 11 2. Contractor shall submit the proposed as -built and completed redline drawing 12 submittal one (1) week prior to scheduling the project final inspection for City 13 review and comment. Revisions, if necessary, shall be made to the as -built redline 14 drawings and resubmitted to the City prior to scheduling the construction final 15 inspection. 16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17 1.9 QUALITY ASSURANCE 18 A. Construction Staking 19 1. Construction staking will be performed by the Contractor. 20 2. Coordination 21 a. Contact City's Project Representative at least one week in advance notifying 22 the City of when Construction Staking is scheduled. 23 b. It is the Contractor's responsibility to coordinate staking such that 24 construction activities are not delayed or negatively impacted. 25 3. General 26 a. Contractor is responsible for preserving and maintaining stakes. If City 27 surveyors are required to re -stake for any reason, the Contractor will be 28 responsible for costs to perform staking. If in the opinion of the City, a 29 sufficient number of stakes or markings have been lost, destroyed disturbed or 30 omitted that the contracted Work cannot take place then the Contractor will be 31 required to stake or re -stake the deficient areas. 32 B. Construction Survey 33 1. Construction Survey will be performed by the Contractor. 34 2. Coordination 35 a. Contractor to verify that horizontal and vertical control data established in the 36 design survey and required for construction survey is available and in place. 37 3. General 38 a. Construction survey will be performed in order to construct the work shown 39 on the Construction Drawings and specified in the Contract Documents. 40 b. For construction methods other than open cut, the Contractor shall perform 41 construction survey and verify control data including, but not limited to, the 42 following: 43 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH E. 41' Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised February 14, 2018 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 1 2) Use of Benchmarks to furnish and maintain all reference lines and grades 2 for tunneling. 3 3) Use of line and grades to establish the location of the pipe. 4 4) Submit to the City copies of field notesused to establish all lines and 5 grades, if requested, and allow the City to check guidance system setup prior 6 to beginning each tunneling drive. 7 5) Provide access for the City, if requested, to verify the guidance system and 8 the line and grade of the carrier pipe. 9 6) The Contractor remains fully responsible for the accuracy of the work and 10 correction of it, as required. 11 7) Monitor line and grade continuously during construction. 12 8) Record deviation with respect to design line and grade once at each pipe 13 joint and submit daily records to the City. 14 9) If the installation does not meet the specified tolerances (as outlined in 15 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 16 the installation in accordance with the Contract Documents. 17 C. As -Built Survey 18 1. Required As -Built Survey will be performed by the Contractor. 19 2. Coordination 20 a. Contractor is to coordinate with City to confirm which features require as- 21 built surveying. 22 b. It is the Contractor's responsibility to coordinate the as -built survey and 23 required measurements for items that are to be buried such that construction 24 activities are not delayed or negatively impacted. 25 c. For sewer mains and water mains 12" and under in diameter, it is acceptable 26 to physically measure depth and mark the location during the progress of 27 construction and take as -built survey after the facility has been buried. The 28 Contractor is responsible for the quality control needed to ensure accuracy. 29 3. General 30 a. The Contractor shall provide as -built survey including the elevation and 31 location (and provide written documentation to the City) of construction 32 features during the progress of the construction including the following: 33 1) Water Lines 34 a) Top of pipe elevations and coordinates for waterlines at the following 35 locations: 36 (1) Minimum every 250 linear feet, including 37 (2) Horizontal and vertical points of inflection, curvature, 38 etc. 39 (3) Fire line tee 40 (4) Plugs, stub -outs, dead-end lines 41 (5) Casing pipe (each end) and all buried fittings 42 2) Sanitary Sewer 43 a) Top of pipe elevations and coordinates for force mains and siphon 44 sanitary sewer lines (non -gravity facilities) at the following locations: 45 (1) Minimum every 250 linear feet and any buried fittings 46 (2) Horizontal and vertical points of inflection, curvature, 47 etc. 48 3) Stormwater — Not Applicable CITY OF FORT WORTH E. 41' Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised February 14, 2018 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 1 b. The Contractor shall provide as -built survey including the elevation and 2 location (and provide written documentation to the City) of construction 3 features after the construction is completed including the following: 4 1) Manholes 5 a) Rim and flowline elevations and coordinates for each manhole 6 2) Water Lines 7 a) Cathodic protection test stations 8 b) Sampling stations 9 c) Meter boxes/vaults (All sizes) 10 d) Fire hydrants 11 e) Valves (gate, butterfly, etc.) 12 f) Air Release valves (Manhole rim and vent pipe) 13 g) Blow off valves (Manhole rim and valve lid) 14 h) Pressure plane valves 15 i) Underground Vaults 16 (1) Rim and flowline elevations and coordinates for each 17 Underground Vault. 18 3) Sanitary Sewer 19 a) Cleanouts 20 (1) Rim and flowline elevations and coordinates for each 21 b) Manholes and Junction Structures 22 (1) Rim and flowline elevations and coordinates for each 23 manhole and junction structure. 24 4) Stormwater — Not Applicable 25 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 26 1.11 FIELD [SITE] CONDITIONS [NOT USED] 27 1.12 WARRANTY 28 PART 2 - PRODUCTS 29 A. A construction survey will produce, but will not be limited to: 30 1. Recovery of relevant control points, points of curvature and points of intersection. 31 2. Establish temporary horizontal and vertical control elevations (benchmarks) 32 sufficiently permanent and located in a manner to be used throughout construction. 33 3. The location of planned facilities, easements and improvements. 34 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 35 areas, utilities, streets, highways, tunnels, and other construction. 36 b. A record of revisions or corrections noted in an orderly manner for reference. 37 c. A drawing, when required by the client, indicating the horizontal and vertical 38 location of facilities, easements and improvements, as built. 39 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 40 construction staking projects. These cut sheets shall be on the standard city template 41 which can be obtained from the Survey Superintendent (817-392-7925). 42 5. Digital survey files in the following formats shall be acceptable: 43 a. AutoCAD (.dwg) 44 b. ESRI Shapefile (.shp) CITY OF FORT WORTH E. 4t' Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised February 14, 2018 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 1 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 2 standard templates, if available) 3 6. Survey files shall include vertical and horizontal data tied to original project 4 control and benchmarks, and shall include feature descriptions 5 PART 3 - EXECUTION 6 3.1 INSTALLERS 7 A. Tolerances: 8 1. The staked location of any improvement or facility should be as accurate as 9 practical and necessary. The degree of precision required is dependent on many 10 factors all of which must remain judgmental. The tolerances listed hereafter are 11 based on generalities and, under certain circumstances, shall yield to specific 12 requirements. The surveyor shall assess any situation by review of the overall plans 13 and through consultation with responsible parties as to the need for specific 14 tolerances. 15 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 16 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 17 1.0 ft. tolerance. 18 b. Horizontal alignment on a structure shall be within .0.1ft tolerance. 19 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 20 walkways shall be located within the confines of the site boundaries and, 21 occasionally, along a boundary or any other restrictive line. Away from any 22 restrictive line, these facilities should be staked with an accuracy producing no 23 more than 0.05ft. tolerance from their specified locations. 24 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 25 electric lines, shall be located horizontally within their prescribed areas or 26 easements. Within assigned areas, these utilities should be staked with an 27 accuracy producing no more than 0.1 ft tolerance from a specified location. 28 e. The accuracy required for the vertical location of utilities varies widely. Many 29 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 30 should be maintained. Underground and overhead utilities on planned profile, 31 but not depending on gravity flow for performance, should not exceed 0.1 ft. 32 tolerance. 33 B. Surveying instruments shall be kept in close adjustment according to manufacturer's 34 specifications or in compliance to standards. The City reserves the right to request a 35 calibration report at any time and recommends regular maintenance schedule be 36 performed by a certified technician every 6 months. 37 1. Field measurements of angles and distances shall be done in such fashion as to 38 satisfy the closures and tolerances expressed in Part 3.1.A. 39 2. Vertical locations shall be established from a pre -established benchmark and 40 checked by closing to a different bench mark on the same datum. 41 3. Construction survey field work shall correspond to the client's plans. Irregularities 42 or conflicts found shall be reported promptly to the City. 43 4. Revisions, corrections and other pertinent data shall be logged for future reference. 44 CITY OF FORT WORTH E. 41' Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised February 14, 2018 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 1 3.2 EXAMINATION [NOT USED] 2 3.3 PREPARATION [NOT USED] 3 3.4 APPLICATION 4 3.5 REPAIR / RESTORATION 5 A. If the Contractor's work damages or destroys one or more of the control 6 monuments/points set by the City, the monuments shall be adequately referenced for 7 expedient restoration. 8 1. Notify City if any control data needs to be restored or replaced due to damage 9 caused during construction operations. 10 a. Contractor shall perform replacements and/or restorations. 11 b. The City may require at any time a survey "Field Check" of any monument 12 or benchmarks that are set be verified by the City surveyors before further 13 associated work can move forward. 14 3.6 RE -INSTALLATION [NOT USED] 15 3.7 FIELD [OR] SITE QUALITY CONTROL 16 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 17 City in accordance with this Specification. This includes easements and right of way, if 18 noted on the plans. 19 B. Do not change or relocate stakes or control data without approval from the City. 20 3.8 SYSTEM STARTUP 21 A. Survey Checks 22 1. The City reserves the right to perform a Survey Check at any time deemed 23 necessary. 24 2. Checks by City personnel or 3'd party contracted surveyor are not intended to 25 relieve the contractor of his/her responsibility for accuracy. 26 27 3.9 ADJUSTING [NOT USED] 28 3.10 CLEANING [NOT USED] 29 3.11 CLOSEOUT ACTIVITIES [NOT USED] 30 3.12 PROTECTION [NOT USED] 31 3.13 MAINTENANCE [NOT USED] 32 3.14 ATTACHMENTS [NOT USED] 33 END OF SECTION 34 Revision Log I CITY OF FORT WORTH E. 41' Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised February 14, 2018 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. Owen definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. Removed "blue text"; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Owen 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH E. 4t' Street/E. I It Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised February 14, 2018 County Tarrant Highway Off -System — E. 4th St/E. 1" St Limits From: IH-35W Frontage Road to Haltom Road in Fort Worth, Texas DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS The following goal for disadvantaged business enterprises is established: DBE 6.0% DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS PROJECT: E. 4TH STREET/E. 1ST STREET ON -STREET BICYCLE IMPROVEMENTS HIGHWAY: OFF -SYSTEM — E. 4Tx ST/E. 1ST ST COUNTY: TARRANT TXDOT CSJ: 0902-90-195 & 0902-90-196 The following goal for disadvantaged business enterprises is established: DBE 6.0% Certification of DBE Goal Attainment By signing the proposal, the Bidder certifies that the above DBE goal will be met by obtaining commitments equal to or exceeding the DBE percentage or that the Bidder will provide a good faith effort to substitute the attempt to meet the goal. Failure to provide commitments to meet the stated goal or provide a satisfactory good faith effort will be considered a breach of the requirements of the proposal. As a result, the bid proposal guarantee of the Bidder will be property of the City of Fort Worth and the Bidder will be excluded for rebidding on the project when it is re -advertised. END OF SECTION CITY OF FORT WORTH E. 4th Street/E. Ist Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 0011 13 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of E. 4th Street/E. 1st Street On -Street Bicycle Improvements, CPN 102601 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, June 29, 2023 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: traffic signal modifications, curb ramps, sidewalk, pavement markings, signage, bike buffer vertical barriers, and a pedestrian hybrid beacon (PHB). PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for qualification and pre -qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. 110141107 1 oleo r *1I:W I MY.,% Y [1712/:\e17' ' tt 41117 010V I oleo 0 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthtexas.gov/purchasina/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents will not be available for purchase. EXPRESSION OF INTERSEST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ CITY OF FORT WORTH E. 4tb Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 2 of 2 PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: Tuesday, June 13, 2023 TIME: 9 AM CST Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from the Transportation Alternatives (TA) Grant and bond funds reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Iskal Shrestha, P.E., City of Fort Worth Email: iskal.shrestha(&fortworthtexas.aov Phone: 817-392-7254 AND/OR Attn: Abhishek Acharya, Kimley-Horn and Associates Email: abhishek.acharva(&kimlev-horn.com Phone: 817-339-2297 ADVERTISEMENT DATES Thursday, May 25, 2023 Thursday, June 1, 2023 END OF SECTION CITY OF FORT WORTH E. 4tb Street/E. 11t Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 10 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. des - quirkag prJ 15 11 BIDDERF, DD EQ T A T IFIC A TTONS .,,-, a O 15 12 PREQUAL iLLr' A TION ST A F T 4F/.NT FYirmo seeking prz qualifite tie must submit the ,a,,,.,,.,.,ent,.tie i e,.f:f;e,t in ce f;e 00 nc t t en Seetion 15 13 NRIEAT�IIJIAA IL4IFFICATION APPLICATION at least seven (7) calendar days prior- to R�Fening for- eview and, if qualified, aeeeptanee.e „bee tfaeters listed by ., Bidde . a 00 n c 12 must be r o al fie f tluapi,;oP~iat-- rk t,Tes Subeentfaeter-s must follow the same iii}elines as Biddersfor- obtwig bids afe opened and reviewed may eause the bid to be fejeeted. aogmg all 3.1.1. IV- Ang Requi.-aments doed ent t,,e tea , t: CITY OF FORT WORTH E. 41h Street/E. 111 Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 kir3://.AUfT.faft,.,,,,-FMe,,.., ,. ,,/12 faieetRe etifees/Rese ffeesP/r»oi2n , 20C rstfti.tion-0,;20D 3urf.;�.t3,/r i#,-,.eter-07; zz(aakfaa`i a/TPW07 20n..., n of 20C r+,.. cte .oi 2OPfeEitt ifieatiefO, 2nn o==-/NMO T��Noi in� UIRE TEo/ 20FO of 2nn A vING07 2000NTn A CTnn e ray 3.1.2. Roo g Roquirements aoeti,., ent l ,eatea .: htt-Ds:#ao)s f .«,T o fthtex s ,.,,/n,.,,ieetDos,,,,,.ees/nos1ilvocP/9�/�A- oi-iOC-.nn�tnip.tiAnoi!?nT)np4i;np.ntg/(,nntr.,,,+,.,.o42nn,.o,,,,.,t:fie tion/TPN170%20Roadwa 2GL4CIITo/ 2nnnE0U A T on>\ rnr 'S ,.a Water- d ftnilary- Sewer— t e13}exts cee�o tc of2OCors.,.,,etiefoi2ODo,.,,. eiitsCei#,-,,,.tef-17i2nn.ea'ua llJotionna/,.+,,0 �n,nd-07i2 ne .;t ..ounce,,, ,oi2nr�ftt . oi29P3��IuaLr, t: .oi1nn fee ,.afFI xTccof2n,. e .Eitia,of 2n -eEi ,; .,,., oer4s,, ,.o - - Eaeh Bidde., ,,,loss , ently p,-o,,,, ifi d, nmot Gubmit to City at least seven (7) calendar days prior to Bid opening, the doeumeWation identified in Seetion 00 45 11, BTDDER' E P Bnr r A T IFIG A TIONS 3.2.?.F/abm. `-✓ r cr quooti,.rs ,.o,.,te +,, r e .,t;-aatrzon a-.ou! the Cit� �A ao pm7idod in Pceraagfaph-6A-. 3.3. The City r-esefves the right to equiro any appairent le bidder- for- a pf!ojeet W-Yabmilt sueh additional infefmation as the City, in its sale quira, i:N.�u ' quints to assist the City in evaluating and lc Ailit-, }&-crrarcnt lo.r'';a deliver- a "a4ity pro ot/md vae the-stipul od tip ftame. Based upen the Gity's lion, a rojaffffnemdadon re Eity Gottoil. Fcklur—ato -mti�lit the additional infefma4ion, if , fer- o;e .;n `12e �er.-feeted eontr-aetor-s will be nefifiad lr. 771"lt . 3A.In addition to r o all f ,,ation, additional requirements f alif eatio may bo nquir d 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH E. 4th Street/E. I't Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Is advised that, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award. 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. CITY OF FORT WORTH E. 4th Street/E. 111 Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required.. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification o£ 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. CITY OF FORT WORTH E. 4th Street/E. V Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the proj ect. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Iskal Shrestha, P.E., Transportation and Public Works Department Email: iskal.shrestha@fortworthtexas.gov Phone: 817-392-7254 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. CITY OF FORT WORTH E. 4th Street/E. 111 Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration system at https://docs.b360.autodesk.com/shareslaO97018 -3426- 4441-9573-587362e9a5fb 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No. 24534-11-2020 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. CITY OF FORT WORTH E. 4th Street/E. V Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 Business Equity Ordinance No. 24534-11-2020, as amended, codified at: httl)s:Hcodelibrarv.amleizal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. CITY OF FORT WORTH E. 4th Street/E. I't Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. CITY OF FORT WORTH E. 4th Street/E. V Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 4-7-.6. ikimuant4o Tmeaz Gevumtsmont , the City will nal awfff n,.aet to a r eiffesi en4Bidder- , mess the N en fe4 ent Widdx'& NJ is levee. than the lowest bid s4mitted by a r-espensible Te*as Bidder- by the same afneufA that -a T-&Eas resident bidder- would be r-eErdifed to ttader-bid a Neiffesident Bidder- te obtain -a eom,pmEj c LiVl Ylrir- f business is leeated. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httDs://www.ethics.state.tx.us/data/forms/1295/1295.ndf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. CITY OF FORT WORTH E. 4th Street/E. V Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH E. 4th Street/E. V Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102601 Revised/Updated August 13, 2021 0035 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIO (Conflict of Interest Ouestionnaire) (state.tx.us) httt)s://www.ethics.state.tx.us/data/forrns/conflict/CIS.t)df ❑ CIQ Form does not apply ❑ CIQ Form is on file with City Secretary El CIQ Form is being provided to the City Secretary E CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: The Fain Group, Inc. 2500 Great Southwest Pkwy. Fort Worth, TX 76106 END OF SECTION By: Larry Frazier Signature: Title: President CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 00 4100 Bid Proposal Workbook SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: E. 4th Street/E. 1st Street On -Street Bicycle Improvements From IH-35W to Haltom Road City Project No.: 102601 Units/Sections: Unit I - CSJ 0902-90-195 Unit II - CSJ 0902-90-196 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non- competitive levels, or (c) to deprive City of the benefits of free and open competition. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. E. 4th Street/E. 1 st Street On -Street Bicycle Improvements CPN 102601 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. b. C. d. e. f. 9. h. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 192 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. MWBE Forms (optional at time of bid) e. Conflict of Interest Statement, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary f. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount E. 4th Street/E. 1 st Street On -Street Bicycle Improvements CPN 102601 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended Total Bid $2,916,021.70 7. Bid Submittal This Bid is submitted on 6/29/23 by the entity named below. Respectfully submit d, Receipt is acknowledged of the Initial following Addenda: By: JAddendum No. 1: (Sign t e) JAddendum No. 2: / Addendum No. 3: NIA Larry Frazier 'Addendum No. 4: (Printed Name) Title: President I ompany: The Fain Group, Inc. Corporate Seal: Address: 2500 Great SW Parkway Fort Worth, TX 76106 State of Incorporation: Texas Email: lfrazier(@,fainp-D.com Phone: 817-927-4388 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS E. 4th Street/E. Ist Street On -Street Bicycle Improvements Revised 9/30/2021 CPN 102601 SECTION 00 42 43 PROPOSALFORM Project Item Information 00 42 43 BID PROPOSAL Page I of 6 Bidder's Application Bidder's Proposal Unit I - CSJ 0902-90-195 Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No Section No. Measure Quantity 1-1 PREPARING ROW 0100 6002 STA 7 $1,118.00 $7,826.00 1-2 REMOVING CONC (PAV) 0104 6001 SY 795 $29.00 $23,055.00 1-3 REMOVING CONC (DRIVEWAYS) 0104 6017 SY 300 $29.00 $8,700.00 1-4 REMOVING CONC (CURB) 0104 6021 LF 135 $14.00 $1,890.00 1-5 REMOVING CONC (CURB AND GUTTER) 0104 6022 LF 285 $14.00 $3,990.00 1-6 REMOVING CONC (SIDEWALK OR RAMP) 0104 6036 SY 150 $30.00 $4,500.00 1-7 REMOV STAB BASE AND ASPH PAV (W-12") 0105 6096 SY 35 $71.00 $2,485.00 1-8 FURNISHING AND PLACING TOPSOIL 0160 6005 CY 20 $150.00 $3,000.00 1-9 BLOCK SODDING 0162 6002 SY 125 $67.00 $8,375.00 1-10 FL BS (CMP IN PLC)(TYA GR1-2) (6") 0247 6061 SY 635 $18.00 $11,430.00 1-11 CONC PVMT (CONT REINF - CRCP) (7") 0360 6001 SY 565 $121.00 $68,365.00 1-12 DRILL SHAFT (TRF SIG POLE) (36 IN) 0416 6032 LF 52 $748.00 $38,896.00 I-13 RIPRAP (CONC)(4 IN) 0432 6001 CY 5 $588.00 $2,940.00 1-14 ADJUSTING MANHOLES O479 6001 EA 2 $2,688.00 $5,376.00 1-15 MOBILIZATION 0500 6001 LS 0.5 $150,000.00 $75,000.00 1-16 BARRICADES, SIGNS AND TRAFFIC HANDLING 0502 6001 MO 5 $4,200.00 $21,000.00 1-17 TEMP SEDMT CONT FENCE (INSTALL) 0506 6038 LF 295 $5.00 $1,475.00 1-18 TEMP SEDMT CONT FENCE (REMOVE) 0506 6039 LF 295 $1.50 $442.50 1-19 BIODEG EROSN CONT LOGS (INSTL) (8") 0506 6040 LF 129 $4.00 $516.00 1-20 BIODEG EROSN CONT LOGS (REMOVE) 0506 6043 LF 129 $1.00 $129.00 1-21 PERM CTB (F-SHAPE) (TY 4) 0514 6016 LF 1460 $172.00 $251,120.00 I-22 COLORED TEXTURED CONC (6") 0528 6002 SY 106 $140.00 $14,840.00 1-23 COLORED TEXTURED CONC (7") 0528 6010 SY 23 $146.00 $3,358.00 1-24 CONC CURB & GUTTER (TY 11) 0529 6008 LF 295 $46.00 $13,570.00 1-25 CONC CURB (MOUNTABLE) 0529 6024 LF 710 $69.00 $48,990.00 1-26 DRIVEWAYS (CONC) 0530 6004 SY 427 $20.00 $8,540.00 1-27 CONC SIDEWALKS (4") 0531 6001 SY 592 $97.00 $57,424.00 1-28 CURB RAMPS (TY 5) 0531 6008 EA 1 $3,700.00 $3,700.00 1-29 CURB RAMPS (TY 7) 0531 6010 EA 15 $3,200.00 $48,000.00 1-30 CURB RAMPS (TY 10) 0531 6013 EA 2 $2,700.00 $5,400.00 1-31 REMOVE METAL BEAM GUARD FENCE 0542 6001 LF 35 $42.00 $1,470.00 1-32 CONDT (PVC) (SCH 80) (3") 0618 6053 LF 280 $39.00 $10,920.00 1-33 CONDT (PVC) (SCH 80) (3") (BORE) 0618 6054 LF 585 $47.00 $27,495.00 1-34 ELEC CONDR (NO.10) INSULATED 0620 6006 LF 790 $1.50 $1,185.00 1-35 ELEC CONDR (NO.8) BARE 0620 6007 LF 965 $2.50 $2,412.50 1-36 ELEC CONDR (NO.6) INSULATED 0620 6010 LF 425 $3.00 $1,275.00 li 1-37 GROUND BOX TY D (162922)W/APRON 0624 6010 EA 9 $2,200.00 $19,800.00 1-38 IN SM RD SN SUP&AM TY10BWG(1)SA(P) 0644 6001 EA 33 $775.00 $25,575.00 1-39 IN SM RD SN SUP&AM (INST SIGN ONLY) 0644 6067 EA 5 $275.00 $1,375.00 1-40 RELOCATE SM RD SN SUP&AM(SIGN ONLY) 0644 6075 EA 3 $750.00 $2,250.00 1-41 REMOVE SM RD SN SUP&AM 0644 6076 EA 2 $350.00 $700.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 3/8/2023 E. 4th Street/E. Ist Street On -Street Bicycle Improvements CPN 102601 SECTION 00 42 43 PROPOSALFORM ► ' : L41:8:11�7 00 42 43 BID PROPOSAL Page 2 of 6 Project Item Information I Bidder's Proposal (Unit I - CSJ 0902-90-195 IBidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity 1-42 REMOVE SM RD SN SUP&AM (SIGN ONLY) 0644 6078 EA 2 $145.00 $290.00 I-43 REFL PAV MRK TY I (W)6"(DOT)(100MIL) 0666 6018 LF 1106 $3.50 $3,871.00 1-44 REFL PAV MRK TY I (W)8"(DOT)(100MIL) 0666 6030 LF 45 $4.00 $180.00 1-45 REFL PAV MRK TY I (W)8"(SLD)(100MIL) 0666 6036 LF 2595 $3.00 $7,785.001 1-46 REFL PAV MRK TY I (W)12"(SLD)(100MIL) 0666 6042 LF 440 $9.00 $3,960.00 1-47 REFL PAV MRK TY I (W)24"(SLD)(100MIL) 0666 6048 LF 2440 $12.00 $29,280.00 1-48 REFL PAV MRK TY I (W)(ARROW)(100MIL) 0666 6054 EA 22 $175.00 $3,850.00 1-49 REFL PAV MRK TY I (W)(WORD)(100MIL) 0666 6078 EA 8 $175.00 $1,400.00 I-50 REFL PAV MRK TY I (W)(RR XING)(100MIL) 0666 6093 EA 2 $1,000.00 $2,000.00 1-51 REF PAV MRK TY I(W)18"(YLD TRI)(100MIL) 0666 6099 EA 5 $75.00 $375.00 1-52 REFL PAV MRK TY I (W)(BIKE ARW)(100MIL) 0666 6105 EA 37 $175.00 $6,475.00 1-53 REFL PAV MRK TY 1(W)(BIKE SYML)(100MIL) 0666 6111 EA 37 $350.00 $12,950.00 1-54 REFL PAV MRK TY II (W) 6" (BRK) 0666 6171 LF 95 $2.50 $237.501 I-55 REFL PAV MRK TY II (W) 6" (DOT) 0666 6172 LF 1106 $0.10 $110.601 1-56 REFL PAV MRK TY II (W) 6" (SLD) 0666 6174 LF 20325 $2.50 $50,812.50� 1-57 REFL PAV MRK TY II (W) 8" (DOT) 0666 6176 LF 45 $0.05 $2.25 1-58 REFL PAV MRK TY II (W) 8" (SLD) 0666 6178 LF 2595 $0.05 $129.751 1-59 REFL PAV MRK TY II (W) 12" (SLD) 0666 6180 LF 440 $0.05 $22.00� 1-60 REFL PAV MRK TY II (W) 24" (SLD) 0666 6182 LF 2440 $0.05 $122.00 1-61 REFL PAV MRK TY II (W) (ARROW) 0666 6184 EA 22 $12.00 $264.001 1-62 REFL PAV MRK TY II (W) (WORD) 0666 6192 EA 8 $12.00 $96.00 1-63 REFL PAV MRK TY II (W) (RR XING) 0666 6196 EA 2 $55.00 $110.00 1-64 REFL PAV MRK TY 11 (W) 18" (YLD TRI) 0666 6198 EA 5 $6.00 $30.00 1-65 REFL PAV MRK TY II (W) (BIKE ARROW) 0666 6200 EA 37 $12.00 $444.00 1-66 REFL PAV MRK TY 11 (W) (BIKE SYMBOL) 0666 6202 EA 37 $12.00 $444.00 1-67 REFL PAV MRK TY II (Y) 6" (SLD) 0666 6210 LF 14490 $2.50 $36,225.00 1-68 REFL PAV MRKR TY I-C 0672 6007 EA 61 6.00 $366.00 1-69 REFL PAV MRKR TY II -A -A 0672 6009 EA 201 6.00 $1,206.00 1-70 TRAFFIC BUTTON TY W (TURTLE DOMES) 0672 6016 EA 360 250.00 $90,000.00 1-71 ELIM EXT PAV MRK & MRKS (4") 0677 6001 LF 14595 1.25 $18,243.75 1-72 ELIM EXT PAV MRK & MRKS (8") 0677 6003 LF 1651 2.00 $3,302.00 1-73 ELIM EXT PAV MRK & MRKS (24") 0677 6007 LF 729 5.00 $3,645.00 1-74 ELIM EXT PAV MRK & MRKS (ARROW) 0677 6008 EA 3 100.00 $300.00 1-75 ELIM EXT PAV MRK & MRKS (WORD) 0677 6012 EA 5 100.00 $500.00 1-76 ELIM EXT PAV MRK & MARKS (BIKE ARROW) 0677 6023 EA 19 100.00 $1,900.00 1-77 ELIM EXT PAV MRK & MARKS (BIKE SYMBOL) 0677 6025 EA 19 100.00 $1,900.00 1-78 ELIM EXT PAV MRK & MRKRS(PLOWABLE RPMS) 0677 6038 EA 2440 2.25 $5,490.00 1-79 PAV SURF PREP FOR MRK (6") 0678 6002 LF 36016 0.10 $3,601.60 1-80 PAV SURF PREP FOR MRK (8") 0678 6004 LF 2640 0.10 $264.00 1-81 PAV SURF PREP FOR MRK (12") 0678 6006 LF 440 0.10 $44.00 1-82 PAV SURF PREP FOR MRK (24") 0678 6008 LF 3520 0.10 $352.00 1-83 PAV SURF PREP FOR MRK (ARROW) 0678 6009 EA 22 12.00 $264.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 3/8/2023 E. 4th Street/E. Ist Street On -Street Bicycle Improvements CPN 102601 SECTION 00 42 43 PROPOSALFORM Project Item Information JUnit I - CSJ 0902-90-195 00 42 43 BID PROPOSAL Page 3 of 6 Bidder's Application Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity 1-84 PAV SURF PREP FOR MRK (WORD) 0678 6016 EA 8 12.00 $96.00 1-85 PAV SURF PREP FOR MRK (RR XING) 0678 6020 EA 2 170.00 $340.00 1-86 PAV SURF PREP FOR MRK (18")(YLD TRI) 0678 6022 EA 5 5.00 $25.00 1-87 PAV SURF PREP FOR MRK (BIKE ARROW) 0678 6026 EA 37 12.00 $444.00 1-88 PAV SURF PREP FOR MRK (BIKE SYMBOL) 0678 6028 EA 37 12.00 $444.00 1-89 INSTALL HWY TRF SIG (UPGRADE) 0680 6011 EA 2 45,000.00 $90,000.00 1-90 VEH SIG SEC (12")LED(GRN) 0682 6001 EA 12 500.00 $6,000.00 1-91 VEH SIG SEC (12")LED(GRN ARW) 0682 6002 EA 4 500.00 $2,000.00 1-92 VEH SIG SEC (12")LED(YEL) 0682 6003 EA 12 500.00 $6,000.00 1-93 VEH SIG SEC (12")LED(YEL ARW) 0682 6004 EA 4 500.00 $2,000.00 1-94 VEH SIG SEC (12")LED(RED) 0682 6005 EA 12 500.00 $6,000.00 1-95 VEH SIG SEC (12")LED(RED ARW) 0682 6006 EA 4 500.00 $2,000.00 1-96 PED SIG SEC (LED)(COUNTDOWN) 0682 6018 EA 16 850.00 $13,600.00 1-97 BACKPLATE W/REFL BRDR(3 SEC)(VENT)ALUM 0682 6054 EA 16 200.00 $3,200.00 1-98 TRF SIG CBL (TY A)(14 AWG)(3 CONDR) 0684 6029 LF 2160 2.50 $5,400.00 1-99 TRF SIG CBL (TY A)(14 AWG)(5 CONDR) 0684 6031 LF 205 3.00 $615.00 1-100 TRF SIG CBL (TY A)(14 AWG)(7 CONDR) 0684 6033 LF 495 4.00 $1,980.00 1-101 TRF SIG CBL (TY A)(14 AWG)(12 CONDR) 0684 6038 LF 1185 4.00 $4,740.00 1-102 TRF SIG CBL (TY A)(14 AWG)(20 CONDR) 0684 6046 LF 445 9.00 $4,005.00 1-103 INS TRF SIG PL AM(S)l ARM(36')LUM 0686 6039 EA 1 22,000.00 $22,000.00 1-104 INS TRF SIG PL AM(S)l ARM(40') 0686 6041 EA 1 22,000.00 $22,000.00 1-105 INS TRF SIG PL AM(S)l ARM(40')LUM 0686 6043 EA 1 24,000.00 $24,000.00 1-106 INS TRF SIG PL AM(S)l ARM(48')LUM 0686 6051 EA 1 26,000.00 $26,000.00 1-107 PED POLE ASSEMBLY 0687 6001 EA 12 3,500.00 $42,000.00 1-108 PED DETECT PUSH BUTTON (APS) 0688 6001 EA 16 1,000.00 $16,000.00 1-109 REMOVAL OF GROUND BOXES 0690 6006 EA 8 400.00 $3,200.00 1-110 REMOVAL OF PEDESTRIAN PUSH BUTTONS 0690 6030 EA 16 135.00 $2,160.00 1-111 REMOVAL OF SIGNAL POLE ASSM 0690 6051 EA 4 3,200.00 $12,800.00 1-112 REMOVE PED POLE ASSM 0690 6089 EA 4 1,800.00 $7,200.00 1-113 PORTABLE CHANGEABLE MESSAGE SIGN 6001 6001 DAY 20 62.00 $1,240.00 I-114 CONDUIT (PREPARE) 6027 6003 LF 170 18.00 $3,060.00 1-115 VIDEO IMAGING AND RAD VEH DETECTION SYS 6083 6001 EA 2 48,000.00 $96,000.00 Sub -Total Unit i - Unit II -CSJ 0902-90-196 IBidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity 11-1 PREPARING ROW 0100 6002 STA 4 2,000.00 $8,000.00 11-2 REMOVING CONC (PAV) 0104 6001 SY 385 28.00 $10,780.00 11-3 REMOVING CONC (CURB) 0104 6021 LF 70 13.00 $910.00 11-4 REMOVING CONC (CURB AND GUTTER) 0104 6022 LF 195 13.00 $2,535.00 11-5 REMOVING CONC (SIDEWALK OR RAMP) 0104 6036 SY 240 28.00 $6,720.00 CITY OF FORT WORTH E. 4th Street/E. 1 st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 3/8/2023 00 42 43 BID PROPOSAL Page 4 of 6 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit I - CSJ 0902-90-195 Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No Section No. Measure Quantity 11-6 FURNISHING AND PLACING TOPSOIL 0160 6005 CY 6 $350.00 $2,100.00 11-7 BLOCK SODDING 0162 6002 SY 30 $90.00 $2,700.00 11-8 FL BS (CMP IN PLC)(TYA GR1-2) (6") 0247 6061 SY 265 $17.00 $4,505.00 11-9 CONC PVMT (CONT REINF - CRCP) (7") 0360 6001 SY 240 $110.00 $26,400.00 II-10 DRILL SHAFT (TRF SIG POLE) (36 IN) 0416 6032 LF 26 $700.00 $18,200.00 11-11 MOBILIZATION 0500 6001 LS 0.5 $150,000.00 $75,000.00 11-12 BARRICADES, SIGNS AND TRAFFIC HANDLING 0502 6001 MO 4 $4,100.00 $16,400.00 II-13 TEMP SEDMT CONT FENCE (INSTALL) 0506 6038 LF 190 $4.50 $855.00� 11-14 TEMP SEDMT CONT FENCE (REMOVE) 0506 6039 LF 190 $1.50 $285.00 II-15 BIODEG EROSN CONT LOGS (INSTL) (8") 0506 6040 LF 54 $4.00 $216.001 II-16 BIODEG EROSN CONT LOGS (REMOVE) 0506 6043 LF 54 $1.00 $54.00 11-17 PERM CTB (F-SHAPE) (TY 4) 0514 6016 LF 2690 $165.00 $443,850.00 11-18 COLORED TEXTURED CONC (6") 0528 6002 SY 62 $150.00 $9,300.00 11-19 COLORED TEXTURED CONC (7") 0528 6010 SY 28 $158.00 $4,424.001 11-20 CONC CURB & GUTTER (TY II) 0529 6008 LF 180 $70.00 $12,600.001 11-21 CONC CURB (MOUNTABLE) 0529 6024 LF 350 $65.00 $22,750.00 11-22 CONC SIDEWALKS (4") 0531 6001 SY 195 $95.00 $18,525.00 11-23 CURB RAMPS (TY 1) 0531 6004 EA 1 $3,000.00 $3,000.001 11-24 CURB RAMPS (TY 7) 0531 6010 EA 9 $3,000.00 $27,000.00 II-25 CONC SIDEWALK (SPECIAL)(RETAINING WALL) 0531 6057 SF 128 $250.00 $32,000.00 II-26 REPLACE LUMINAIRE W/LED (150W EQ) 0610 6101 EA 4 $1,100.00 $4,400.00 11-27 CONDT (PVC) (SCH 80) (2") 0618 6046 LF 35 $32.00 $1,120.00 11-28 CONDT (PVC) (SCH 80) (3") 0618 6053 LF 220 $37.00 $8,140.001 11-29 CONDT (PVC) (SCH 80) (W) (BORE) 0618 6054 LF 85 $45.00 $3,825.00 II-30 ELEC CONDR (NO.10) INSULATED 0620 6006 LF 630 $1.50 $945.00 11-31 ELEC CONDR (NO.8) BARE 0620 6007 LF 350 $2.50 $875.00 11-32 ELEC CONDR (NO.6) BARE 0620 6009 LF 30 $3.00 $90.00 II-33 GROUND BOX TY D (162922)W/APRON 0624 6010 EA 7 $2,500.00 $17,500.00 11-34 ELC SRV TY D 120/240 060(NS)SS(E)PS(U) 0628 6144 EA 1 $12,500.00 $12,500.00 11-35 IN SM RD SN SUP&AM TY10BWG(1)SA(P) 0644 6001 EA 21 $700.00 $14,700.00 II-36 IN SM RD SN SUP&AM (INST SIGN ONLY) 0644 6067 EA 2 $300.00 $600.00 II-37 REFL PAV MRK TY I (W)6"(DOT)(100MIL) 0666 6018 LF 130 $3.00 $390.00 II-38 REFL PAV MRK TY 1 (W)8"(DOT)(100MIL) 0666 6030 LF 27 4 $108.001 11-39 REFL PAV MRK TY I (W)8"(SLD)(100MIL) 0666 6036 LF 2453 $3.00 $7,359.00 11-40 REFL PAV MRK TY I (W)24"(SLD)(100MIL) 0666 6048 LF 1420 $13.00 $18,460.00 11-41 REFL PAV MRK TY I (W)(ARROW)(100MIL) 0666 6054 EA 16 $180.00 $2,880.00 11-42 REFL PAV MRK TY I (W)(WORD)(100MIL) 0666 6078 EA 8 $180.00 $1,440.00 11-43 REFL PAV MRK TY I (W)(BIKE ARW)(100MIL) 0666 6105 EA 23 $160.00 $3,680.00� II-44 REFL PAV MRK TY I(W)(BIKE SYML)(100MIL) 0666 6111 EA 23 $350.00 $8,050.00 II-45 REFL PAV MRK TY II (W) 6" (BRK) 0666 6171 LF 215 $2.50 $537.501 II-46 REFL PAV MRK TY II (W) 6" (DOT) 0666 6172 LF 130 $3.50 $455.001 CITY OF FORT WORTH E. 4th Street/E. 1 st Street On -Sheet Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 3/8/2023 SECTION 00 42 43 PROPOSALFORM Project Item Information 00 42 43 BID PROPOSAL Page S of 6 Bidder's Application Bidder's Proposal Unit I - CSJ 0902-90-195 Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity 11-47 REFL PAV MRK TY II (W) 6" (SLD) 0666 6174 LF 17565 $2.50 $43,912.50 11-48 REFL PAV MRK TY II (W) 8" (DOT) 0666 6176 LF 27 $0.05 $1.35 II-49 REFL PAV MRK TY II (W) 8" (SLD) 0666 6178 LF 2453 $0.05 $122.65 11-50 REFL PAV MRK TY 11 (W) 24" (SLD) 0666 6182 LF 1420 $0.05 $71.00 II-51 REFL PAV MRK TY II (W) (ARROW) 0666 6184 EA 16 $12.00 $192.00 II-52 REFL PAV MRK TY II (W) (WORD) 0666 6192 EA 8 $12.00 $96.00 11-53 REFL PAV MRK TY 11 (W) (BIKE ARROW) 0666 6200 EA 23 $12.00 $276.00 II-54 REFL PAV MRK TY II (W) (BIKE SYMBOL) 0666 6202 EA 23 $12.00 $276.00 II-55 REFL PAV MRK TY II (Y) 6" (SLD) 0666 6210 LF 10150 $2.50 $25,375.00 II-56 REFL PAV MRKR TY I-C 0672 6007 EA 66 $6.00 $396.00� 11-57 REFL PAV MRKR TY II -A -A 0672 6009 EA 160 $6.00 $960.00 11-58 TRAFFIC BUTTON TY W (TURTLE DOMES) 0672 6016 EA 452 $250.00 $113,000.001 11-59 ELIM EXT PAV MRK & MRKS (4") 0677 6001 LF 5240 $1.00 $5,240.001 II-60 ELIM EXT PAV MRK & MRKS (8") 0677 6003 LF 791 $2.00 $1,582.00 II-61 ELIM EXT PAV MRK & MRKS (24") 0677 6007 LF 748 $5.00 $3,740.00 11-62 ELIM EXT PAV MRK & MRKS (ARROW) 0677 6008 EA 15 $100.00 $1,500.00 11-63 ELIM EXT PAV MRK & MRKS (WORD) 0677 6012 EA 7 $100.00 $700.00 II-64 ELIM EXT PAV MRK & MARKS (BIKE ARROW) 0677 6023 EA 2 $100.00 $200.00� II-65 ELIM EXT PAV MRK & MARKS (BIKE SYMBOL) 0677 6025 EA 2 $100.00 $200.00 II-66 ELIM EXT PAV MRK & MRKRS(PLOWABLE RPMS) 0677 6038 EA 1994 $2.00 $3,988.001 II-67 PAV SURF PREP FOR MRK (6") 0678 6002 LF 28060 $0.05 $1,403.00 11-68 PAV SURF PREP FOR MRK (8") 0678 6004 LF 2480 $0.05 $124.00 11-69 PAV SURF PREP FOR MRK (24") 0678 6008 LF 2035 $0.05 $101.75 11-70 PAV SURF PREP FOR MRK (ARROW) 0678 6009 EA 16 $12.00 $192.00 11-71 PAV SURF PREP FOR MRK (WORD) 0678 6016 EA 8 $12.00 $96.001 11-72 PAV SURF PREP FOR MRK (BIKE ARROW) 0678 6026 EA 23 $12.00 $276.001 11-73 PAV SURF PREP FOR MRK (BIKE SYMBOL) 0678 6028 EA 23 $12.00 $276.00 11-74 INSTALL HWY TRF SIG (FLASH BEACON) 0680 6001 EA 1 $95,000.00 $95,000.00 11-75 INSTALL HWY TRF SIG (UPGRADE) 0680 6011 EA 1 $22,000.00 $22,000.00 11-76 VEH SIG SEC (12")LED(GRN) 0682 6001 EA 2 $500.00 $1,000.00 11-77 VEH SIG SEC (12")LED(YEL) 0682 6003 EA 7 $500.00 $3,500.00 11-78 VEH SIG SEC (12")LED(RED) 0682 6005 EA 12 $500.00 $6,000.00 11-79 PED SIG SEC (LED)(COUNTDOWN) 0682 6018 EA 2 $900.00 $1,800.00 11-80 BACKPLATE W/REFL BRDR(3 SEC)ALUM 0682 6051 EA 7 $209.00 $1,463.00 11-81 TRF SIG CBL (TY A)(14 AWG)(3 CONDR) 0684 6029 LF 1580 $2.50 $3,950.00 11-82 TRF SIG CBL (TY A)(14 AWG)(5 CONDR) 0684 6031 LF 20 $3.00 $60.00 II-83 TRF SIG CBL (TY A)(14 AWG)(7 CONDR) 0684 6033 LF 255 $4.00 $1,020.00� 11-84 TRF SIG CBL (TY A)(14 AWG)(12 CONDR) 0684 6038 LF 350 $4.00 $1,400.00 11-85 TRF SIG CBL (TY A)(14 AWG)(20 CONDR) 0684 6046 LF 160 $9.00 $1,440.00 11-86 INS TRF SIG PL AM(S)1 ARM(36')LUM 0686 6039 EA 1 $25,324.00 $25,324.00 11-87 INS TRF SIG PL AM(S)1 ARM(40')LUM 0686 6043 EA 1 $26,833.00 $26,833.001 CITY OF FORT WORTH E. 4th Street/E. 1 st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 3/8/2023 X11,M111141AU0141M SECTION 00 42 43 PROPOSALFORM Project Item Information Unit I - CSJ 0902-90-195 �Bidlist Item Description No. II-88 PED POLE ASSEMBLY li 11-89 PED DETECT PUSH BUTTON (APS) II-90 REMOVAL OF GROUND BOXES II-91 PORTABLE CHANGEABLE MESSAGE SIGN 11-92 CCTV FIELD EQUIPMENT (DIGITAL) II-93 CCTV MOUNT (POLE) 11-94 CONDUIT (PREPARE) 11-95 VIVDS CAM ASSY 360 II-96 VIVDS CABLING 00 42 43 BID PROPOSAL Page 6 of 6 Bidder's Application Specification Unit of Bid Section No. Measure Quantity 0687 6001 EA 9 0688 6001 EA 9 0690 6006 EA 4 60016001 DAY 20 6010 6002 EA 1 6010 6004 EA 1 6027 6003 LF 365 6306 6004 EA 1 6306 6007 LF 170 Bidders Proposal Unit Price Bid Value $3,878.00 $34,902.00 $1,105.00 $9,945.00 $419.00 $1,676.00 $67.00 $1,340.00 $7,000.00 $7,000.00 $830.00 $830.00 $20.00 $7,300.00 $42,000.00 $42,000.00 $3.50 $595.00 Sub -Total Unit 2 - Bid Summary Base Bid Total Unit I - CSJ 0902-90-195: $l $1,558,182.951 Total Unit II - CSJ 0902-90-196: $ $1,357,838.75 Total Base Bid $2,916,021.70 END OF SECTION Total Bidl $2,916,021.701 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 3/8/2023 E. 4th Street/E. Ist Street On -Street Bicycle Improvements CPN 102601 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 2 That we, The Fain Grout). Inc. known as "Bidder" herein and Westfield Insur nce Comnanv. a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, 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 sum of five percent (5%) of Bidder's maximum bid price, in 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 submitted a bid or proposal to perform Work for the following project designated as E. 4th Street/E. 1st Street On -Street Bicycle Improvements NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. 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, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the _ 29th day of Time 2023. ATTEST IC- ness..�� ` to Principal - CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 PRINCIPAL: The Fain Groun. Inc. BY: Name re It 00 41 00 Bid Proposal Workbook.rdsx Witness a to Surety Muni Rabah. Bond Account Manau_er Attach Power of Attorney (Surety) for Attorney -in -Fact Address: PO Box 164308 Fort Worth, TX 76161 SURETY: Westfield Insurance Comoanv "ignre Mistie Beck, Attornev-in-Fact Name and Title Address: 2255 Ridge Road, Ste 333 Rockwall, TX 75087 Telephone Number: 972-772-7220 00 43 13 BID BOND Page 2 of 2 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00 41 00 Bid Proposal Wort(book.)dsx Revised 9/30/2021 0045 11 -1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 The prequalification process will establish a bid limit based on a technical evaluation and 16 financial analysis of the contractor. For example, a contractor wishing to submit bids on 17 projects to be opened on the 7th of April must file the information by the 31 st day of March 18 in order to be eligible to work on these projects. In order to facilitate the approval of a 19 Bidder's Prequalification Application, the following must accompany the submission. 20 a. A complete set of audited or reviewed financial statements. 21 (1) Classified Balance Sheet 22 (2) Income Statement 23 (3) Statement of Cash Flows 24 (4) Statement of Retained Earnings 25 (5) Notes to the Financial Statements, if any 26 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 27 of Incorporation, Articles of Organization, Certificate of Formation, LLC 28 Regulations, Certificate of Limited Partnership Agreement). 29 c. A completed Bidder Prequalification Application. 30 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 31 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 32 number visit the Texas Comptroller of Public Accounts online at the 33 following web address www.window.state.tx.us/taxDennit/ and fill out the 34 application to apply for your Texas tax ID. 35 (2) The firm's e-mail address and fax number. 36 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 37 is used by the City for required reporting on Federal Aid projects. The DUNS 38 number may be obtained at www.dnb.com. 39 d. Resumes reflecting the construction experience of the principles of the firm for firms 40 submitting their initial prequalification. These resumes should include the size and 41 scope of the work performed. 42 e. Other information as requested by the City. 43 44 2. Prequalification Requirements 45 a. Financial Statements. Financial statement submission must be provided in 46 accordance with the following: 47 (1) The City requires that the original Financial Statement or a certified copy 48 be submitted for consideration. CITY OF FORT WORTH E. 4' Street/E. 1 s` Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised August 13, 2021 004511 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH E. 4' Street/E. 1 s` Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised August 13, 2021 004511 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 I d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalifted work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH E. 4' Street/E. 1 s` Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised August 13, 2021 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102601. 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: The Fain Groua. Inc. Company 9500 Grp,qt S nuthwPc t Pkwlj Address Fort Worth, TX 76106 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Larry Frazier lea Print) Signature: Title: President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared 1_ alb F'e.Zt,c C� , 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 ` TY�e Fc1i% ►-t G1ZvU_7 for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �day of Nt>b Ieyv\�Oef 20L3 Vicki Sue Esposito I , My Cog ission 5/2026Explres ?� Notary Ip13171o692 otary Public in and for the tate of Texas END OF SECTION CITY OF FORT WORTH E. 41 Street/E. I' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: htWs://codelibrga.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EQUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 6% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Prot6g6 participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 httDs://aDDS.fortworthtexas.eov/Pro_iectResources/ResourcesP/60 - MWBE/Business Ea_uity Utilization 46 Form DVIN 2022 220324.Ddf 47 48 Letter of Intent CITY OF FORT WORTH E. 4th Street/E. 1 sc Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 htti)s:HaDDs.fortworthtexas.Rov/ProiectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.Ddf 3 4 Business Equity Good Faith Effort Form 5 httvs://anns.fortworthtexas.2_ ov/Pro_iectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.Ddf 7 8 Business Equity Prime Contractor Waiver Form 9 httr)s://arms.fortworthtexas.a_ov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.Ddf 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Business Equity Joint Venture Form httvs:HaDDs.fortworthtexas.szov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.Ddf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REQUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. END OF SECTION CITY OF FORT WORTH E. 4th Street/E. I't Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 10/31/2023, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and The Fain Group, Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: E. 4t' Street/E. 1' Street On -Street Bicycle Improvements CPN 102601 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of Two Million Nine Hundred and Sixteen Thousand and Twenty -One and 70/100 Dollars ($2.916.021.70). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 192 working days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City One -Thousand and 00/100 Dollars ($1,000.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH E. 4tb Street/E. 11t Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 005243-2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendef! Complianee to St a Lovi Non Resident Bidde . 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond fN1 z%aa_c Be" g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part. by anv act, omission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH E. 41b Street/E. 15t Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act. omission or negligence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH E. 4tb Street/E. 11t Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 005243-4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH E. 41b Street/E. 111 Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH E. 4tb Street/E. 11t Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: By: i Lar Frazier ov 8, 2023 07:38 CST) Signature Larry Frazier (Printed Name) President Title 2500 Great SW Parkway Address Fort Worth, TX 76106 City/State/Zip Nov 8, 2023 Date City of Fort Worth By. William .Iohnson (D c 12, 2023 09:28 CST) William M Johnson Assistant City Manager Dec 12, 2023 Date a F FORT°� a �o Attest: oaQIl nezA5aa Jannette Goodall, City Secretary (Seal) M&C: 23-0945 Date: 10/31/2023 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Iskal shresfha Iskal Shrestha (Nov 8, 2023 08:07 CST( Iskal Shrestha, P.E. Sr. Project Manager Approved as to Form and Legality: DBlack (Dec 11, 202316:51 CST) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: A Lauren Prieur (Dec 11, 202310:18 CST) Lauren Prieur, Director Transportation & Public Works Department CITY OF FORT WORTH E. 411, Street/E. I,' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection(a.tdi.texas.00v 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. BD5430 (06-15) AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection(cDtdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 0061 13- 1 PERFORMANCE BOND Page I oft 1 SECTION 00 6113 2 PERFORMANCE BOND Bond #355374F 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, The Fain Group, Inc. known as 8 "Principal" herein and Westfield Insurance Company a corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 12 sum of, Two Million Nine Hundred Sixteen Thousand and Twenty One & 701100 Dollars 13 ($ 2,916,021.70 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 31 day of October, 2023 which Contract is hereby referred to and made a part hereof 19 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 20 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 21 provided for in said Contract designated as E. 4th Street/E. 1st Street On -Street Bicycle 22 Improvements, CPN 102601. 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH E. 41h Street/E. P1 Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 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. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 31 day of October, 2023. ATTES : (Pr ci)11) Se etary 21nesras to Principal Muni Raba`bbah`, Client Experience Leader, Surety PRINCIPAL: The Fain Group, Inc. BY: �/ Sig ature LGtrr_/ ,f i-ef, RL s 1'd8Kf- Name and Title Address: P O Box 164308 Fort Worth, TX 76161 SURETY: / Westfiel nsuranCo gna&e C nny Moss, Attorney -in -Fact Name and Title Address: 2255 Ridqe Road, Ste 333 Rockwall, TX 75087 Telephone Number: 972.772.7220 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is 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. CITY OF FORT WORTH E. 41h Street/E. 1" Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 05/25/22, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220012 14 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as 'Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 25th day of MAY A.D., 2022 . i /I/, Corporate P,•\agWg����,, •�;n'Nq�'�ti,,, "�tAs`u,, WESTFIELD INSURANCE COMPANY Seals Affixed,.` •....%^ WESTFIELD NATIONAL INSURANCE COMPANY �N. .t;iro� -w; •:��' ',��CN�RTER�'���a OHIO FARMERS INSURANCE COMPANY v►e a ~n, SEAL rrn o: Air State of Ohio """"" By: County of Medina ss.: Gary W. ftumper, Nations Surety Leader and Senior Executive On this 25th day of MAY A.D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal "�1 A L ls' Affixed A, ., �';.�'• �''• State of Ohio : N wo o David A. Kotnik, Attorney at Law, Notary Public County of Medina My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) rC OF O.` I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. S� InWitnessWhereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 31 day of ASURA& "''i10NAC jN'.. `4 0 " '' •tits ap •......... . p, N SEAL 4ro� '� SEAL :m 00TERS0 .' Vol ' a Secretary 4,.18419 v! Frank A. Carrino, Secretary BPOAC2 (combined) (03.22) 0061 14- 1 PAYMENT BOND Page 1 o f 2 I SECTION 00 6114 2 PAYMENT BOND Bond #355374F 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, The Fain Group, Inc. known as 8 "Principal' herein, and Westfield Insurance Company a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 12 in the penal sum of Two Million Nine Hundred Sixteen Thousand and Twenty One & 70/100 Dollars 13 ($ 2,916,021.70 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 31 day of October, 2023 which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as E. 4th Street/E. 1st Street On -Street Bicvcle Improvements, CPN 102601. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH E. 41, Street/E. P' Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 fr] N 4 5 6 7 8 9 10 IN 0061 14-2 PAYMENT BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 31 day of October, 2023. ATTEST: (P inlal) Secretary ��itness asp to Pri pal ATTEST: �.irA (Surety) Secretary Mu�Ra,Client Experience Leader, Surety ty PRINCIPAL: The Fain Group, Inc. BY: 4i're ru2ier, President Name and itle Address: P O Box 164308 Fort Worth, TX 76161 SURETVatI_jre Westfieldomp Y: Johnny Moss, Attorney -in -Fact Name and Title Address: 2255 Ridqe Road, Ste 333 Rockwall, TX 75087 Telephone Number: 972.772.7220 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH E. 41h Street/E. 1" Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 05/25/22, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220012 14 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as 'Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 25th day of MAY A.D., 2022 . i /I/, Corporate P,•\agWg����,, •�;n'Nq�'�ti,,, "�tAs`u,, WESTFIELD INSURANCE COMPANY Seals Affixed,.` •....%^ WESTFIELD NATIONAL INSURANCE COMPANY �N. .t;iro� -w; •:��' ',��CN�RTER�'���a OHIO FARMERS INSURANCE COMPANY v►e a ~n, SEAL rrn o: Air State of Ohio """"" By: County of Medina ss.: Gary W. ftumper, Nations Surety Leader and Senior Executive On this 25th day of MAY A.D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal "�1 A L ls' Affixed A, ., �';.�'• �''• State of Ohio : N wo o David A. Kotnik, Attorney at Law, Notary Public County of Medina My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) rC OF O.` I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. S� InWitnessWhereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 31 day of ASURA& "''i10NAC jN'.. `4 0 " '' •tits ap •......... . p, N SEAL 4ro� '� SEAL :m 00TERS0 .' Vol ' a Secretary 4,.18419 v! Frank A. Carrino, Secretary BPOAC2 (combined) (03.22) 0061 19- 1 MAINTENANCE BOND Page I of 3 1 SECTION 00 6119 2 MAINTENANCE BOND Bond #355374F 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we The Fain Group, Inc. known as 8 "Principal" herein and Westfield Insurance Company , a corporate surety 9 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 12 In the sum of Two Million Nine Hundred Sixteen Thousand and Twenty One & 70/100 Dollars 13 ($ 2.916.021.70 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 15 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 16 and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 31 st day of October . 20 23 , which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 21 materials, equipment labor and other accessories as defined by law, in the prosecution of the 22 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 23 the "Work") as provided for in said contract and designated as E. 4th Street/E. 1st Street 24 on -Street Bicycle Improvements, CPN 102601; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) years 29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH E. 4th Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 0061 19 - 2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in fill force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and 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, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH E. 4th Street/E. 1 st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 006119-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 31st day of October 3 . 20 23 . 4 5 PRINCIPAL: 6 The Fain Group, Inc. 7 8 9 BY: 10 ign ure 11 ATTEST 13 �ir�U a2i�r, Wes0en - 14 (Prin al See to NarAe and Title 15 16 Address: 17 P O Box164308 18 Fort Worth, TX 7 161 19 20 itness as to Prr '-al 21 SURETY: 22 Westfiel nsuran om 23 / 24 25 B 26 ignature 27 28 29 ATTEST: Johnny Moss, Attorney -in -Fact 30 31 1.0 Address: 32 (Surety) Secretary 2255 Ridge Road, Ste 333 33 1Rockwall, TX 75087 34 U4 /\� 35 Muni Raban, Client Experience Leader, Surety Telephone Number: 972.772.7220 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH E. 4th Street/E. 1st Street On -Street Bicycle Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102601 Revised July 1, 2011 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 05/25/22, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220012 14 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as 'Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 25th day of MAY A.D., 2022 . i /I/, Corporate P,•\agWg����,, •�;n'Nq�'�ti,,, "�tAs`u,, WESTFIELD INSURANCE COMPANY Seals Affixed,.` •....%^ WESTFIELD NATIONAL INSURANCE COMPANY �N. .t;iro� -w; •:��' ',��CN�RTER�'���a OHIO FARMERS INSURANCE COMPANY v►e a ~n, SEAL rrn o: Air State of Ohio """"" By: County of Medina ss.: Gary W. ftumper, Nations Surety Leader and Senior Executive On this 25th day of MAY A.D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal "�1 A L ls' Affixed A, ., �';.�'• �''• State of Ohio : N wo o David A. Kotnik, Attorney at Law, Notary Public County of Medina My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) rC OF O.` I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. S� InWitnessWhereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 31 day of ASURA& "''i10NAC jN'.. `4 0 " '' •tits ap •......... . p, N SEAL 4ro� '� SEAL :m 00TERS0 .' Vol ' a Secretary 4,.18419 v! Frank A. Carrino, Secretary BPOAC2 (combined) (03.22) IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • • •1 4 WN t This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. IL 060 (07 13) Copyright 2013 FCCI Insurance Group, Page 1 of 1 OUOTL POLICY NUMBER: FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE Additional Insured Coverage .......... .............. .............................................. ..................... ................................... 'y BailBonds ................... .............. ............. ............... ................................................. ....... .................. ............... 3 Blanket Waiver cfSubrogation ............. -.............. .............................. .............................................. -.............. 14 Bodily Injury and Property Damage ..................... ...... ............................... ...... ......... ----------...... .... 1 Care, Custody cvControl ................. --................ ........................ —.................... --................... ------- ....... '3 Contractors Errors and Omissions ...... .................. ................. ............................... --............... -........... ............. G Contractual Liability (Personal & Advertising Injury) ............ ........................................ ............. .......... ................ 2 ElectronicData Uati|hy—... ........ .......... ................. .... ..................... .................................................................. 1 General Liability Conditions .......................................... -.......... ............... -....... .................. ............ ---........ 13 IncidentalMalpractice ............................ .................................................................................................................... 9 Insured. .......... ........ ................ ................. ........................ -................................................. ............................ ... 9 Limited Product Withdrawal Expense .... .......... ............................. ............. ...... ............ .......................... ............. 3 LimitsofInsurance ............... ............................ ....................... -........................................ ...... ............... ....... 11 LosscfEernngn—....................................... '........................................................................ .................................. O LostKey Coverage ............... ................................ ___ ................... -..................................................................... 8 Newly Formed cxAcquired Organizations ............................................................................. --........................... 11 Non -Owned Watercraft ........ .................... ................................................................. ............................... .............. 1 Property Damage Liability — Borrowed Equipment ... .................... ...... ................ ................................................... 1 Tonant'nProp*rtyandPromiseoRontudToYou------------------------ ----------U Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Non -owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: 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. The most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $10,000. We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V — DEFINITIONS of the Coverage Form: "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, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. 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; b. 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; c. 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 purposes of this insurance, "electronic data" is not tangible property. SECTION 1— COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted. SECTION 1— COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "property damage" caused by an 'occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to. - "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product' arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one 'occurrence" until the amount of loss exceeds $250_ We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance_ 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges_ CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard"; e. Motor vehicles; f. "Your product' arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one `occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for "product withdrawal expenses" associated with "your product' incurred because of a "product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal' (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect' in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect' was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product'. (2) If a "product withdrawal' is initiated, you must: (a) Immediately record the specifics of the "product withdrawal' and the date it was initiated; (b) Send us written notice of the "product withdrawal' as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal'. 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect' means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product' which may cause or has caused "bodily injury' or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal' will not be limited to those batches of "your product' which are known or suspected to have been tampered with. c. 'Product withdrawal' means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect' in 'your product', or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. 'Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal': (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product', or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product', "your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "personal and advertising injury". b_ Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage" to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. n. Any liability for "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 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. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys; or c. Cost of new locks, if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting loss of use; or c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation; 2) Concealment; 3) Conversion; 4) Fraud; or 5) Dishonesty. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. 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. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 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_ 2. Loss of Earnings Paragraph 1.d. is replaced with the following: 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. SECTION 11— WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. 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". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). 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. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to liability for "bodily injury" or "property damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to 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 absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's 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; or (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 own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: The exceptions contained in Subparagraphs 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. 3. Newly Formed or Acquired Organizations Paragraph 3, is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with 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'; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; e. Care, Custody or Control damages under Coverage E.; and f. Lost Key Coverage under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage & b. Medical expenses under Coverage Q c. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f_ Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 11 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 6. Subject to Paragraph 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 or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one 'occurrence" is $1,000. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" in any one -policy period, regardless of the number of insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one occurrence is $50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph 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. Paragraph 14. is added as follows: 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: 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. This requirement applies only when the `occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer' or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the `occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an 'occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an 'occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this 'occurrence" to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 14 Copyright 2020 FCCI Insurance Group Insured Copy POLICY NUMBER: CPP10006612702 COMMERCIAL GENERAL LIABILITY CGL 121 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS (TEXAS LIMITED SOLE NEGLIGENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) BLANKET (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1, above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured; or c. "Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. With respect to liability of the additional insured for "bodily injury" of an employee or agent of a named insured or the employee of a named insured's subcontractor, coverage shall apply for the partial or sole negligence of the additional insured, but only if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright 2020 FCCI Insurance Group. QUOTE POLICY NUMBER: CPP10006612702 COMMERCIAL GENERAL LIABILITY CGL 121 (02 21) c. Will not be broader than that which is afforded to you under this policy; and d. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the 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; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. 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 contractor agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. E. Section IV— Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 1 Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright 2020 FCCI Insurance Group. QUOTE COMMERCIAL AUTO CAU 058 (05 19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION 11— COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 4 Copyright 2018 FCC[ Insurance Group_ QUOTE COMMERCIAL AUTO CAU 058 (05 19) h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 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. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above_ SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a total maximum of $1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss"- b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 4 Copyright 2018 FCCI Insurance Group. QUOTE COMMERCIAL AUTO CAU 058 (05 19) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto' under this coverage form and the lessor of the covered "auto' is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto', we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss",- (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage,- (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto' is a covered "auto' under this coverage form and the loss payee of the covered "auto' is named a loss payee under this policy, in the event of a total loss to the covered "auto', we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the `loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans- C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such 'loss" resulting from the total theft of a covered "auto'. However, this exclusion does not include the discharge of an airbag in a covered "auto' you own that inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that "auto' is a covered "auto' for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto', our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2018 FCCI Insurance Group. QUOTE COMMERCIAL AUTO CAU 058 (05 19) (3) Glass damage if repaired rather than replaced. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or "loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident' or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal- D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "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", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households_ CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2018 FCCI Insurance Group. QUOTE COMMERCIAL AUTOMOBILE CAU 082 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 11TI-AR"JiMel 01MOU-PIII I W B2111AT V401 M101111:4i This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section IIAA. Who Is An Insured is amended by adding the following: 1. Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an "insured" on your auto policy_ Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured" without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 Copyright 2015 FCCI Insurance Group. QUOTE POLICY NUMBER: CPP10006612702 IL 011 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM LIQUOR LIABILITY COVERAGE PART MOTOR CARRIER COVERAGE FORM PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE A. Number of Days' Notice: 30 B. Person(s) or Organization Name and Address: (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to the endorsement_) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation to the first Named Insured, as provided in Paragraph 2. of either the Cancellation Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in item A. in the Schedule above. When a person or organization is listed in item B. in the Schedule above, the number of days notice in item A. also applies to the person(s) or organization listed in the schedule. IL 011 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 5 Copyright 2015 FCCI Insurance Group. QUOTE POLICY NUMBER: UMB10006612802 IL 011 (01 15) THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. AMENDED NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM LIQUOR LIABILITY COVERAGE PART MOTOR CARRIER COVERAGE FORM PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE A. Number of Days' Notice: 30 B. Person(s) or Organization Name and Address: (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to the endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation to the first Named Insured, as provided in Paragraph 2. of either the Cancellation Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in item A. in the Schedule above. When a person or organization is listed in item B. in the Schedule above, the number of days notice in item A. also applies to the person(s) or organization listed in the schedule_ IL 011 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 5 Copyright 2015 FCCI Insurance Group. QUOTE COMMERCIAL LIABILITY UMBRELLA UMB 179 (07 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following replaces SECTION IV — CONDITIONS, Paragraph 5. "Other Insurance" subsection a.: a. This insurance is excess over and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. The above will apply to additional insureds unless a written contract specifically requires that this insurance be primary and noncontributing as to the additional insured. The written contract must be currently in effect or become effective during the term of this policy and must be executed prior to the "bodily injury", "property damage" or "personal and advertising injury." When this insurance is excess, we will have no duty under Coverage A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. UMB 179 (07 09) Includes copyrighted Materials of the Insurance Services Office, Inc with its permission_ Page 1 of 1 Copyright 2009 FCCI Insurance Group. QUOTE COMMERCIAL LIABILITY UMBRELLA CU24801219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following is added to Paragraph 9. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CU 24 80 12 19 C Insurance Services Office, Inc., 2018 Page 1 of 1 QUOTE P I-exasmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 44 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 2/1/23 at 12:01 a.m. standard time, forms a part of: Policy no. 0002073049 of Texas Mutual Insurance Company effective on 2/1/23 Issued to: THE FAIN GROUP INC This is not a bill Authorized representative NCCI Carrier Code: 29939 1/31/23 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 \\ , ,!� ■..�\ This p lic,yGissued by the following GNY Company: Strathmore Insurance Company This policy jacket with the policy forms, declarations page and endorsements, if any, issued to form a part thereof, completes the policy. COMMON POLICY DECLARATIONS THIS POLICY IS ISSUED BY THE STRATHMORE INSURANCE COMPANY HOME OFFICE 200 MADISON AVENUE NEW YORK, NY 10016 A STOCK COMPANY POLICY NUMBER 8120M97723 POLICYTFRM 1 Year ACCOUNT NUMBER 20M9772322 ENDORSEMENT NUMBER NAMED INSURED AND MAILING ADDRESS PRODUCER 0030497 JSIP 1177 GREENS FARMS, LLC, BALDWIN KRYSTYN SHERMAN PARTNERS LLC (SEE NAMED INSURED ENDORSEMENT) DBA ROGERSGRAY C/O ROBERT M. CURREY AND ASSOC 434 ROUTE 134 1 BEACON ST, FL 22 SOUTH DENNIS MA 02660 BOSTON MA 02108-3106 POLICY PERIOD: FROM 12-15-2022-1-o: 12-15-2023 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ENDORSEMENT DATE: BUSINESS DESCRIPTION: LIMITED LIABILITY COMPANY IN RETURN FOR THE PAYMENT OF THE PREMIUM. AND SUBJECTTO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS: PREMIUM COMMERCIAL GENERAL LIABILITY COVERAGE PART $ 38,600.00 CERTIFIED ACTS OF TERRORISM $ 965.00 FORMS APPLICABLE TO ALL COVERAGE PARTS: SEE SCHEDULE OF FORMSAND ENDORSEMENTS TOTAL PREMIUM $ 39,565.00 THE POLICY MAY BE SUBJECT' TO ADJUSTMENT. COUNTERSIGNED DATE TOTAL $ 39,565.00 BY AUTHORIZED REPRESENTATIVE GNY 001 (0991) DESIGNATION OF PREMISES SCHEDULE COMMERCIAL LINES POLICY THIS POLICY IS ISSUED BY THE STRATHMORE INSURANCE COMPANY NAMED INSURED EFFECTIVE DATE POLICY NUMBER 8120M97723 JSIP 1177 GREENS FARMS, LLC, 12-15-22 ENDORSEMF"N"r NUMBER JSIP EAST MAIN LLC, LOC. BLDG. DESIGNATED PRE.-NIISES NO. NO. fADDIRESS, C I ITY, STATE) OCCUPANCY 001 001 274 E MAIN ST, N RTON, MA 02766-2472 APPLIES TO: GENERAL LIABILITY NUMBER OF STORIES: 004 002 001 1177 POST RD E, WESTPORT, CT 06880-5436 APPLIES TO: GENERAL LIABILITY NUMBER OF STORIES: 004 003 001 195 WEBSTER ST, AKA 195-295 WEBSTER ST, HANOVER, MA 02339-1205 APPLIES TO: GENERAL LIABILITY NUMBER OF STORIES: 004 004 001 82 BRICK KILN RD, CHELMSFORD, MA 01824-3239 APPLIES TO: GENERAL LIABILITY NUMBER OF STORIES: 003 GN Y 002 (069 1) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, SCHEDULE OF FORMS AND ENDORSEMENTS THIS POLICY IS ISSUED BY THE STRATHMORE INSURANCE COMPANY NAMED INSURED POLICY NUMBER 8120M97723 JSIP 1177 GREENS FARMS, LLC, JSIP EAST MAIN LLC, ENDORSEMENT NUMBER COUNTERSIGNED BY: AUTHORIZED REPRESENTATIVE SCHEDULE OF FORMS & ENDORSEMENTS POLICY PERIOD: FROM: 12-15-2022 EFFECTIVE DATE: 12-15-22 TO• 12-15-2023 SIC Pi 09-21 POLICY JACKET GNY 001 09-91 COMMON POLICY DECLARATIONS GNY 002 06-91 DESIGNATION OF PREMISES SCHEDULE GNY 003A 07-09 SCHEDULE OF FORMS AND ENDORSEMENTS GNY 003 07-09 CHANGE ENDORSEMENT IDR COVDEC 02-09 IDENTITY RECOVERY COVERAGE PART DEC IDRAS 03-10 IDENTITY RECOVERY COVERAGE FORM IL 00 03 09-08 CALCULATION OF PREMIUM IL 00 17 11-98 COMMON POLICY CONDITIONS IL 00 21 09-08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 01 40 09-08 CONNECTICUT CHANGES - CIVIL UNION IL 02 60 01-19 CONNECTICUT CHANGES-CANC & NONRENL IL 09 52 01-15 CAP/LOSSES FROM CERTIFIED ACTS OF TERROR IL 09 85 12-20 DISCLOSURE PURSUANT/TERROR RISK INS ACT NOTCAN 09-20 NOTIFICATION TO THIRD PARTIES OF CANCEL GENERAL LIABILITY FORMS AND ENDORSEMENTS GNY 020 11-20 GENERAL LIABILITY DECLARATIONS GNY 021 06-91 GENERAL LIABILITY SCHEDULE CG 21 32 05-09 COMMUNICABLE DISEASE EXCLUSION AI COV GL 10-20 ADDITIONAL INSURED COVERAGES ENDORSEMENT CG 00 01 04-13 COMMERCIAL GENERAL LIABILITY COV FORM CG 00 43 05-92 CHANGES IN COMM, GEN LIAB COV FORM CG 00 67 03-05 EXCL-VIOL OF STATS THAT GOVERN EMAIL FAX CG 21 16 04-13 EXCL-DESIGNATED PROFESSIONAL SERVICES CG 21 44 04-17 LIMIT OF COV TO DESIG PREM, PROD OR OPER CG 21 65 12-04 TOTAL POLLUTION EXCL-WITH EXCEPTIONS CG 81 02 02-05 BASIC CONSTRUCTION EXCLUSION CGU-001 02-05 HIRED AUTO AND NON -OWNED AUTO LIABILITY XPUNDAM 06-13 EXCLUSION FOR PUNITIVE DAMAGES AND SIMIL EPLIDECMAS 10-07 MA COMMERCIAL EMPLOYMENT PRACTICES LIAR EPLI AS 10-07 EMPLOYMENT PRACTICES LIAB INS COV CG 21 47 12-07 EMPLOYMENT -RELATED PRACTICES EXCLUSION PAKGL(CW) 01-16 ENHANCED GENERAL LIABILITY COVERAGE ENDO CG 21 67 12-04 FUNGI OR BACTERIA EXCLUSION GLU-113 02-05 ASBESTOS HAZARD EXCLUSION ENDT GNY 003A 07/09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS THIS POLICY IS ISSUED BY THE STRATHMORE INSURANCE COMPANY NAMED INSURED POLICY NUMBER 8120M97723 JSIP 1177 GREENS FARMS, LLC, JSIP EAST MAIN LLC, ENDORSEMENT NUMBER COUNTERSIGNED BY: SCHEDULE OF FORMS & ENDORSEMENTS EFFECTIVE DATE: 12-15-22 CG 21 70 01-15 CG 21 07 05-14 CG 21 09 06-15 CG 21 54 12-19 CG 24 04 12-19 CG 25 04 05-09 CG 40 10 12-19 POLICYHOLDER JACKETS SIC Pi GNV 003A 07/09 AUTHORIZED REPRESENTATIVE POLICY PERIOD: FROM: 12-15-2022 TO:12-15-2023 CAP LOSSES FROM CERTIF ACTS OF TERRORISM EXCL-ACC/DISCL OF CONFI OR PERSONAL INFO EXCLUSION - UNMANNED AIRCRAFT EXCL-DESIG OPS COVRD BY WRAP-UP INS FROG WAIVER OF TRANSFER RIGHTS OF RECOVERY DESIGNATED LOCATIONS GENERAL AGGREGATE EXCLUSION - CROSS SUITS LIABILITY POLICY JACKET THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY DECLARATIONS (Continued) THIS POLICY IS ISSUED BY THE STRATHMORE INSURANCE COMPANY NAMED INSURED POLICY NUMBER 812OM97723 JSIP 1177 GREENS FARMS, LLC, JSIP EAST MAIN LLC, I ENDORSEMENT NUMBER COUNTERSIGNED BY: AUTHORIZED REPRESENTATIVE COMMON POLICY DECLARATIONS (Continued) POLICY PERIOD: FROM: 12-15-2022 EFFECTIVE DATE: 12-15-22 TO: 12-15-2023 THIS ENDORSEMENT IS USED AS AN OVERFLOW FOR FIELDS ON THE DECLARATIONS PACE NOT LARGE ENOUGH FOR THE NECESSARY INFORMATION AND TO LIST OPTIONAL COVERAGES. GNY 001 (cont.) THE NAMED INSURED ON FORM GNY 001 IS AMENDED TO READ: JSIP 1177 GREENS FARMS, LLC, JSIP EAST MAIN LLC, JSIP EAST MAIN INVESTORS LLC, JSIP WEBSTER VILLAGE LLC, JSIP WEBSTER VILLAGE MANAGER INVESTOR LLC, JSIP WEBSTER VILLAGE INVESTORS LLC, MEADOWS CHELMSFORD, LLC, MEADOWS PROPERTY OWNER, LLC, JSIP MEADOWS, LLC, JONES STREET INVESTMENT PARTNERS, LLC, JONES STREET RESIDENTIAL INC., JSIP EAST MAIN SPONSOR INVESTOR, LLC GNY 003 07/09 Greater New York Insurance Group Named Insured: JSIP 1177 GREENS FARMS, LLC, Policy Number 8120M97723 Effective Date 12-15-22 Expense Reimbursement Coverage Limit $25,000 Annual Aggregate Limit per Insured Special Terms or Condifions, IDR COVDEC 02/09 Page I of I Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named insured shown in the Declarations. The words "we, "us' and "out" refer to the Company providing this 111SUranCe. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G - DEFINITIONS. A. COVERAGE We will provide the Case Management Service and Expense Reimbursement Coverage indicated below if all of tile following requirements are met: 1. There has been all "identity theta" involving the personal identity of an "identity recovery insured" under this policy; 2. Such "identity theft" is first discovered by the "identity recovery insured" during! the policy period for which this Identity Recovery coverage is applicable; 3. Such "identity thell" is reported in writing to the police; and T. Such "identity thell" is reported to us within 60 days after it is first discovered by the "identity recovery insured" I fall lour of the requirements listed above have been met. then we will provide the following to the "identity recovery insured": 1. Case Management Service Services of an "identity recovery case manager" as needed to respond to the "identity thcfl": and 2. Expense Reimbursement Reimbursement of necessary and reasonable "identity recovery expenses" incurred as a direct result of the "identity theft." You may make a claim under this coverage prior to reporting the "identity theft" to the police, and we may refer the "identity recovery insured" to an "identity recovery case manager„ if the other three coverage requirements are met. However, we will not reimburse any "identity recovery expenses' until the "identity theft" has been reported in writing to the police, and we reserve our right to terminate the services of the "identity recovery case manager" if the "identity recovery insured" does not make such a written report to the police within a reasonable period of time. B. EXCLUSIONS We do not cover: I, "Identity recovery expenses" incurred to restore a professional or business identity, 2. "Identity recovery expenses" incurred due to arty fi-uudulent, dishonest or criminal act by ail "identity recovery insured" or ,Illy person aiding or abetting an "identity recovery insured", or by any authorized representative of an "identity recovery insured". whether acting .alone or in collusion with others. However, this exclusion shall not apply to the interests of an "identity recovery insured" who has no knowledge of or involvement in such fraud, dishonesty or criminal act. 3. Loss arising from an "identity the fi" that is not reported in writing to the police. T. Loss arising from war. including any the following and any consequence of the following: a. Undeclared war, civil war, insurrection rebellion or revolution: b. Warlike act by a military force or military personnel; or c. Destruction, seizure or use for a military purpose. 5. Loss arising from Nuclear Hazard. Nuclear Hazard means any nuclear reaction, radiation, or radioactive contamination, all whether controlled or uncontrolled or however caused, or any consequence ofany of'tlaese. C. LIMITS OF INSURANCE Case Management Service is available as needed for any one "identity the fl" fur up to 12 consecutive months fi-om the inception of the service. Expenses we incur to provide Case Management Service do not reduce the amount of limit available for Expense Reimbursement coverage. Expenso: Reirnburscnnnt coverage is subject to a limit as indicated in the Declarations. This is an annual aggregate limit per "identify recovery insured." Regardless of the number of claims, dtis limit is tlx: most we will pay for the total of all loss or expense arising out of all "identity thells" to any one "identify recovery in:;ured" which are first discovered by the "identity recovery insured" during a 12-month period tt)RAS 03 10 1 o174 starting with the beginning of the present must clo this within 60 days after out - annual policy period. If an "identity theft" is request. first discovered in one policy period and d. Cooperate with us in the investigation and continues into other policy periods, all loss settlement of the claim. and expense arising fi-om such "identity theft" will be subject to the aggregate limit 2• Assistance and Claims applicable to the policy period when the For assistance, the "identity recovery insured" "identity theft" was first discovered. should call the Identity Recovery help Line at 3. L.egal costs as provided under itern d. of the 1-800-414-9905.'I'hc Help Dine can provide: definition of "identity recovery expenses" are a. Information and advice for how to part of; and not in addition to, the Expense respond to a possible "identity theft", and Reimbursement coverage limit. b. Instructions for how to submit a service 4. Item e. (Lost Wages) and item 1. (Child and request Ibr Case R/lanagement Service Elder Care Expenses) of the definition of and/or a claim form for Expense "identity recovery expenses" ,are jointly subject Reimbursement Coverage. to a sublimit of S5.000. This sublimit is part In some cases, we may provide Case of, and not in addition to, the Expense Management services at our expense to an Reimbursement coverage limit. Coverage is "identity recovery instu-cd"' prior to a limited to wages lost and expenses incurred determination that a covered "identity theft" within 12 months after the first discovery of has occurred. Our provision of such services is the "identity theft" by the "identity recovery not an admission of liability under the policy. insured." We reserve the right to deny further coverage 5. Item g. (Mental Health Counseling) of the or service if; after investigation, we determine definition of "identity recovery expense;;' is that a covered "identity theft" has not occurred. subject to a sublimit of SL000. This sublimit is part of, and not in addition to, the Expense As respects Expense Reimbursement Reimbursement coverage limit. Coverage is Coverage, the "identity recovery insured" must limited to counseling that takes place widiitl 12 send to us, within 60 days after our request, months after [lie first discovery of the "identity receipts, bills or other records that support his the tt" by the "identity recovery insured." or her claim lot- "identity recovery expenses." 6. Item h. (Miscellaneous Unnamed Costs) of F. ADDITIONAL CONDITIONS the defitlition of"identity recovery expenses" is The following conditions apply in addition to the subject to a sublimit of S 1.000, This sublimit is Common policy Conditions: part of, and not in addition to, the Expenses 1. Bankruptcy Reimbursement coverage limit, Coverage is The bankruptcy or insolvency of you or your limited to costs incurred within 12 months will not relieve you or us of any after the first discovery of the "identity theft" "identity obligation Obligation under this Identity Recovery by the recovery insured" Coverage. D. DEDUCTIBLES I. Case Management Service is not subject to a 2• Concealment, Misrepresentation or Fraud deductible We will not pay for any loss and coveragc will be void if You or any additional insured at any 2. Expense Reimbursement coverage is subject tiule: to a $500 deductible. Any one "identity recovery insured" shall be responsible for only a. Intentionally cause or allow lass or one deductible under this Identity Recovery expense in order to collect on insurance; or Coverage during any one policy period. b. Intentionally conceal or misrepresent a E. LOSS CONDITIONS material fact concerning: The following conditions apply in addition to the ( I) This Identity Recovery Coverage; or Common policy Conditions: (2) A Clattn under this Identity 1, Duties in the Event of Loss or Damage Recovery Coverage. You must see that the following are done in 3. Coverage "Territory the event of loss: Subject to its terms, conditions and exclusions, a. Report the "identity theft" to the police in this policy applies to in "identity thefl" writing. occurring anywhere in the world, but we shall b. Give us a prompt notice of the loss. only pay for loss incurred by an "identity c. Send its a signed, sworn proof' of loss recovery insured" in the United States, Puerto containing, the information we request. You Rico or Canada. 11)RAS 03 10 2of4 S. Legal action Ayaanst Us telephone communications ,wi(h law No one may bring a legal action aggainst us enforcement authorities, governmental under this Identity Recovery Coverage unless: agencies, credit agencies and individual a. There has been full compliance with all creditors and businesses. the terms of this Identity recovery 2. 'Identity" Recovery- Expenses" means the Coverage; and following when tile), are reasonable and b. The action is brought Withintwo years necessary expenses that are incurred as a the date that the "identity theft" heft" is direct result of an "identity theta": first discovered by the "identity recovery a. Costs for re -filing applications for loans, insured" irants or other credit instruments that are G. Liberalization rejected solely as a result of an "identity theft" If we adopt any standard form revision lbr Costs for notarizing affidavits or other general use that would broaden the coverage under this Identity recovery Coverage without similar similar documents, long distance additional premium, the broadened coverage telephone calls and postal=e solely as it result of your efforts to report an "identity will apply to this Identity recovery Coverage theft" or amend or rectify records as to conlnleIlcnlg Oil the date that Such revision your true name or identity as a result of' becomes effective in the jurisdiction of the an "identity thetl" mailing address fix the First Named Insured. Costs lbr credit reports ll'om established 7. Other InsuranceC. Credit bureaus. If there is other insurance that applies to the same loss, damage or expense, this Identity d. Fees and expenses for an attorney approved by us for the following: Recovery Coverage shall apply on a primary basis (I) The defense of any civil suit brought against an "identity recovery insured" 8. Services ('2) The removal of any civil judgment The following conditions apply as respects any wrongfidiy entered against an services provided by us Or Our designees to "identity recovery insured" any "identity recovery insured" under this (3) Legal assistance for an "identity endorsement: recovery insured" at an audit or a. Our ability to provide helpful services in hcaring by a governmental agency. the event of an "identity thcif" depends on die cooperation, permission and assistance (4) Legal assistance in challenging the of file "identity recovery insured." accuracy of the "identity recovery insureds' consumer credit report. b. All services may not be available or applicable to all individuals. For example, (5) The defense of any criminal charges "identity recovery insureds" who are brought against in "identity recovery ininors or foreign nationals may not have insured" arising from the actions of a credit records that can be provided or third party using the personal identity monitored. Service in Canada will be of the "identity recovery insured" different from service in the United States e. Actual lost wages oftlic "identity recovery and Puerto Rico in accordance with local insured" for time reasonably and conditions• necessarily taken away from work and c. We do not warrant or guarantee that our away from the work premises. Tinic away services will end or eliminate all fi-orn work includes partial or whole work problems associated with an "identity days. Actual lost wvagcs may include theff" or prevent future "identity ther1s" payment for vacation days, discretionary G. DEFINITIONS days, floating holidays and paid personal days. Actual lost wages does not include I. "Identity" Recovm Case Manager" means one sick days or any loss arising fiom time or more individuals assigned byes to assist an taken away from self employment. "identity recovery insured" with Necessary time offdoes not include tinie communications we deem necessary for re- off to do tasks that could reasonably have establishing the integrity of the personal been done during non -working hours. identity of the "identity recovery insured." This includes, with the permission and cooperation f. Actual costs for supervision of children or of the "identity recovery insured," written and elderly or infirm relatives or dependants of IDRASQ, 10 3ot'4 the "identity recovery insured" during time into contracts or commit crimes. reasonably and necessarily taken away "Identitvthett" does not include the fi-audulent from such supervision. Such care must be List of a business name_ (Pbia or any other provided by a professional care provider method of identifying a business activity. who is not a relative of the "identity recovery insured." g. Actual costs for counseling fi'onl a licensed mental health professional. Such care must be provided by a professional care provider who is not a relative of the "identity recovery insured" 11. Any other reasonable costs necessarily incurred by an "identity recovery insured" as a direct result of the "identity theft." Stich costs include: (I) Costs by the "identity recovery insured" to recover control over his or her personal identity. (2) Deductibles or service fees from financial institutions. Such costs do not include: (3) Costs to avoid, prevent or detect "identity theft" or other loss. (4) Monies lost or stolen. (5) Costs that are restricted or excluded elsewhere in this endorsement or policy. 3. Identity Recoveev Insured°' means the following: a. A lull time employee of the entity insured under this policy; or b. An owner of the entity insured under this policy who meets any of- the following criteria: ( I ) A sole proprictor ofthe insured entity: (2) A partner in the insured entity: or (3) An individual having an ownership position of 20"0 or more of- the insured entity. d. When the entity insured under this policy is a co-operative or condominium association, the current directors and officers of the insured association. An "identity recovery insured" must always be an individual person. Any entity insured tinder this policy, other than an individual person, is not an "identity recovery insured" 4. "Identity "Theft' nicans the fraudulent use of the social security number or other method of identifying an "identity recovery insured." This includes fraudulently using the personal identity of an "identity recovery insured' to establish credit accoutlts, secure loans, enter IDRAS 03 10 4of4 IL 00 03 09 08 This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was com- puted based on rates in effect at the time the policy was issued. On each renewal, continuation, or anni- versary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 O ISO Properties, Inc., 2007 Page 1 of 1 ❑ All Coverage Parts included inthis policy are subject hothe following conditions. A Cancellation Y. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ohngho uoadvance written notice ofcancella- tion. 2.VVa may cancelthis policy bymailing o/deliver- ing to the first Named Insured written notice of cancellation adleast: a 10 days before the effective date ofcancella- tion if we cancel for nonpayment of pre- mium; or b. 30d before the effective date ofcancella- tion ifweuancn|foranyutherreaoon. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation, The policy period will end on that date. 5. If this policy is cmnoeUed, we will send the first Named Insured any premium refund due, If we oanod, the refund will be pro ruta. If the first Named Insured oanoe|n, the refund may be less than pro rata. The cancellation will be effective even ifwmhave not made oroffered arefund. G. |fnotice ia ma)led, proof ofmailing will booufO- B.Changee This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown inthe Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued byuoand made apart ofthis policy. C. Examination OfYour Books And Records We may examine and audit your books and re- cords as they relate tothis policy at any time dur- ing the policy period and up to three years after- ward. D. |nmpao§mns And Surveys 1. VVehave the right to: a. Make inspections and surveys at any time; b Give you reports on the conditions wofind; and c. Recommend changes. 2. We are not obligated to make any inoponhona, aurveye, reports or recommendations and any such actions wedoundertake relate only toin- surability aod the premiums to be charged. We donot make safety inspections. VVedonot un- dertake to perform the duty cfany person or organization toprovide for the health or safety of workers or the public. And we do not war- rant that conditions: m. Are safe orhealthful; or b. Comply with laws, /egu|s8ionn, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to um, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, eurveya, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports ornonom- mondotiono we may make relative to certifica- tion, under state o/ municipal otatubm, ordi- nances or regu|utions, of boilers, pemnuna ves- sels or elevators. E. Premiums The h/mt Named Insured shown in the Declara- tions: t Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer OfYour Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual nanna1 in- sured. If you dio, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. UL00171198 Copyright, Insurance Services Office, |no, 1998 Page 1mf1 0 AICLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwrit- ers, Nuclear Insurance Association of Can- ada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of li- ability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an 'insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or 'haste" at any time possessed, han- dled, used, processed, stored, transported or disposed of, by or on behalf of an 'in- sured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an 'insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility", but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product material". IL 00 2109 08 O ISO Properties, Inc., 2007 Page 1 of 2 0 "Source material", "special nuclear material",and 'by-product material" have the meanings given them in the Atomic Energy Act of 1854or in any law amendatory thereof. "Spent fuel" means any fuel element orfuel com- pnnen(, solid or |iquid, which has been used or exposed to radiation in a'huoleur reactor". 'Waste" means any vvauKa material (a) containing "by-product material" other than the tailings o/ woobaa produced by the extraction or concentra- tion cfuranium orthorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any 'huc|our facility" included under the first two paragraphs of the definition of 'hu' clear facility". "Nuclear facility" means: (a) Any "nuclear nmou/; (b) Any equipmentor device designed mused for (1) separating the isotopes of uranium or p|uhonium, processing or utilizing "spent fua|^, o/(3) hand|ing, processing or packaging 'Waste"; (c) Any equipment or device usedfor essing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, ormore than 250grams oyuranium 235� ' (d) Any structure, baoin, excmvaion, premises or place prepared or used for the storage or disposal of 'Waste"; and includes the site on which any of the forego- ing is |000had, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to auebe}n nuclear fission in a self- supporting chain reaction or to contain o critical mass uffissionable material. "Property damage" includes all forms ofradioactive contamination ofproperty. Page 2mf2 0 ISO Properties, |nn,20O7 HL002MQQQ8 0 IL01400908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONNECTICUT CHANGES - CIVIL UNION This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART A. The term "spouse" is replaced by the following: C. With respect to coverage for the ownership, main - Spouse or party to a civil union recognized under tenance, or use of "covered autos" provided under Connecticut law. the Commercial Liability Umbrella Coverage Part, or Farm Umbrella Liability Policy, the term "family B. Under the Commercial Auto Coverage Part, the member" is replaced by the following: term "family member" is replaced by the following: "Family member" means a person related to you by "Family member" means a person related to the: blood, adoption, marriage or civil union recognized 1. Individual Named Insured by blood, adoption, under Connecticut law, who is a resident of your marriage or civil union recognized under Con- household, including a ward or foster child. necticut law, who is a resident of such Named Insured's household, including a ward or foster child; or 2. Individual named in the Schedule by blood, adoption, marriage or civil union recognized under Connecticut law, who is a resident of the individual's household, including a ward or fos- ter child, if the Drive Other Car Coverage — Broadened Coverage For Named Individual Endorsement is attached. IL 01 40 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 IL02600119 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. t t k This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART STANDARD PROPERTY POLICY A. The Cancellation Common Policy Condition is replaced by the following: Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. Cancellation of policies in effect for less than 60 days. If this policy has been in effect for less than 60 days and is not a renewal of a policy we issued, we may cancel this policy for any reason by giving you written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. Cancellation of policies in effect for 60 days or more. a. If this policy has been in effect for 60 days or more or this is a renewal of a policy we issued, we may cancel this policy by giving you written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for one or more of the following reasons: (a) Nonpayment of premium; (b) Conviction of a crime arising out of acts increasing the hazard insured against; (c) Discovery of fraud or material misrepresentation by you in obtaining the policy or in perfecting any claim thereunder; (d) Discovery of any willful or reckless act or omission by you increasing the hazard insured against; or (e) A determination by the Commissioner that continuation of the policy would violate or place us in violation of the law; or IL 02 60 01 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 (2)60 days before the effective date of cancellation ifwecancel for one ormore ofthe following reasons: (o) Physical changes in the property which increase the hazard insured against; (b) A material increase in the hazard insured against; or (c) A eubabon1io| |ouo of reinsurance by us affecting this particular line of insurance. b. We may not cancel policies in effect for 6O days or more or renewal policies for any reason other than the reasons described in Paragraph 3.m.above. c. If we cancel for nonpayment of pr*mium, you may continue the coverage and ovoid the effect ofthe cancellation by payment in full at any time prior to the effective date of cancellation. d. Notice of cancellation will be delivered or sent by: (1) Registered mail; (%) Certified mail; or (3) Mail evidenced aUnited States Post Office certificate cxmailing. 4. We will give notice hoyou at your last mailing address known tous. 5. Notice of cancellation will state the specific reason for the cancellation and the effective date of cancellation. The policy period will end on that date. G. If this policy is oanoeUed, we will send the first Named Insured any premium refund duo. If we cnnce|, the refund will be pro rota. If the fim( Named Insured ounneio, the refund may be |eoa than pro ratu. The oannaUet|nn will be effective even ifwmhave not made oroffered a refund. 7. If notice is moi|ed, proof of mailing will be sufficient proof ofnotice. B. The following conditions are added and supersede any other provision tothe contrary: 1. Noonmnmvval If we decide not to renew this policy,we will send notice as provided in Paragraph B.3. of this endorsement. With respect to automobile liability uxonoe policies only, your policy shall terminate on the effective date of any other insurance policy you purchase with respect to any automobile designated in both policies. 2. Conditional Renewal m. Uwe conditionally renew this policy under terms or conditions {eyo favorable to the insured than currently provided under this poUcy, then wewill send notice aaprovided inParagraph B.3.of this endorsement. b. The conditional renewal notice shall clearly state or be accompanied by o statement clearly identifying any: (1) Reduction incoverage limits; (2) Coverage provisions added or revised that reduce coverage; or (3) Increases indeductibles. 3. Notices QfNonnanaxve|And Conditional Renewal a. If we decide not to renew this policy or to conditionally renew this policy ouprovided in Paragraphs B.I. and B.2. of this endorsement, we will mail ordeliver to you a written notice of nonenewa| or conditional nenowa|, stating the specific reason for nonrenewa| or conditional renewal, at least OO days before the expiration date ofthis policy. The notice will bosent toyour address last known 0ous. b. This notice will bedelivered orsent by: (1) Registered mail; (2) Certified mail; ov (3) Mail evidenced by a certificate of mailing. If notice is meiled, proof of mailing is sufficient proof ofnotice. n. However, we are not required to send notice ofnonvanewa| ifnonvonewa) is due toyour failure (opay any advance premium required for renewal. C. The When We Do Not Renew Condition of the Commercial General Liability Coverage Part, Commercial Liability Umbrella Coverage Part and Employment -Related Pnoohmao Liability Coverage Part does not apply. Page 2of2 @ Insurance Services Office, |no,2U18 |L02 60U118 IL09520115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM TERRORISM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY A. Cap On Certified Terrorism Losses "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. B. Application Of Exclusions The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. IL 09 62 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 POLICY NUMBER: 8120M97723 IL 09 85 12 20 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE — PART I Terrorism Premium (Certified Acts) $965.00 This premium is the total Certified Acts premium attributable to the following Coverage Part(s), Coverage Form(s) and/or Policy(ies): COMMERCIAL GENERAL LIABILITY IDENTITY RECOVERY COVERAGE PART Additional information, if any, concerning the terrorism premium: SCHEDULE — PART 11 Federal share of terrorism losses 80 % (Refer to Paragraph B. in this endorsement.) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. IL 09 85 12 20 @ Insurance Services Office, Inc., 2020 Page 1 of 2 A. Disclosure Of Premium In accordance with the federal Tornzhmn Risk Insurance Act, we are required to provide you with a notice disclosing the portion of your p,emium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk |neunenoo Au. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. ELDiscloure OfFederal Participation In Payment 0fTerrorism Losses The United StatesGovernment, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage (as shown inPart |}of the Schedule ufthis endorsement orinthe policy Declarations) of that portion of the amount of such insured |ouoeu that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion ofthe amount cfsuch losses that exceeds $1O0billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured lommao attributable to Vpnnhot acts certified under the Terrorism Risk Insurance Act exceed $100 billion in calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we ohoU not boliable for the payment ofany portion of the amount ofsuch losses that exceeds $100billion, and in such case insured baaee up to that amount are subject to pro rate allocation in accordance with procedures established by the Secretary ofthe Treasury. Page 2of2 @ Insurance Services Office, |nc,2020 N-09B5i22M ILND08&O3 Any person who knowingly presents a false or fraudulent claim for payment ofaloss mbenefit mknowingly presents kgae information in an application for insurance is guilty of aorime and may be subject to fines and con- finement OLNOg109 03 @ ISO Properties, |no,20O3 Page 1wf1 Policy #tG12OMQ7723 Policy Period: 12V15/2O22-12/15/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 341WA9161111L BAN ITS SCHEDULE Name Of Person Or Organization: FAJNN|E MAE. |8/\[]/\/AJ-|M/\ C/O WALKER & OUNLOP. LLC POBOX 25QQ0 8HAVVNEE M|SS|ON, KS 88225 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Notification ToThird Parties ofPolicy Cancellation: |fvvecancel your policy, wawiU.00aouudeaytoyou.providenothicabonofthatuanceUadon to the person morganization shown inthe Schedule at least 30 days before the effective date of cancellation, but in the event of non-payment of premium such notice will be at least 10 days before the effective date ofcancellation. |fweelect honon-renew your policy, wewill, as a courtesy to you, provide notification of that non -renewal to the person or organization shown in the schedule at least 10 days before the effective date of the non -renewal. 2. Our failure honotify the person ororganization inthe Schedule will not: e. Extend the policy cancellation date ornon'nanevvm; b. Negate thecancellation/non-renewal; cv n. Provide any additional insurance hothat which was, orwould have been, provided had you not requested this endorsement. All other terms and conditions of this policy remain unchanged. NOTCAN 0920 Policy Ah8120K8Q7723 Policy Period: 12Y15/2022 - 12/15/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' SCHEDULE Name Of Person OrOrganization: F/\NN|EMAE. |@AO/\AAT|MA CKJNEVVM&RK GSPR|NGH(]USEINNOVATION PARK, SUITE 2OD LOWER GVVYNEDD.PA1QOO2 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Notification ToThird Parties ofPolicy Cancellation: Ifvvmcancel your policy, wovvU[a0000urteaytoyou. provide notification ufthat cancellation to the person or organization shown in the Schedule at least 30 days before the effective date of cancellation, but in the event of non-payment of premium such notice will be at least 10 days before the effective date ofcancellation. |fvveelect tonon-renew your policy, vvewill, as a courtesy to you, provide notification of that non -renewal to the person or organization shown in the schedule at least 10 days before the effective date of the non -renewal. 2. Our failure tnnotify the person ororganization inthe Schedule will not: e. Extend the policy cancellation date ornon-renevval; b. Negate dhecancekabon/non'n*nmvve|; or o. Provide any additional insurance to that which was, or would have been, provided had you not requested this endorsement. All other terms and conditions of this policy remain unchanged. NOTCAN 0920 Includes copyrighted material cfInsurance Services Office, Inc. with its permission Policy #:812OK4Q7723 Policy Period: 12/15/2022 - 12/15/2023 THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 0[CAREFULLY. Name Of Person OrOrganization: MAS8ACHUSETTSHOUS|NG PARTNERSHIP FUND BOARD, ITS SUCCESSORS AND/OR AS0GNS/AJ|MA 10OFEDERAL STREET, 2NOFLOOR, B(]ST[JN./NAO211O Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Notification ToThird Parties ofPolicy Cancellation: Ifvvecancel your policy, wewiU.eoouourtwoytoyou`providenoUficaUonofthaLuanmd|obon to the person or organization shown in the Schedule at least 30 days before the effective date of cancellation, but inthe event ofnon-payment ofpremium such notice will beatleast 10 days before the effective date ofcancellation. |fvveelect b)non-renew your policy, vvewill, as a courtesy to you, provide notification of that non -renewal to the person or organization shown in the schedule at least 10 days before the effective date of the non -renewal. 2. Our failure to notify the person or organization in the Schedule will not: a. Extend the policy cancellation date ornon-nenevva|; b. Negate the cancellation/non-renewal; or o. Provide any additional insurance tothat which was, orwould have been, provided had you not requested this endorsement. All other terms and conditions ofthis policy remain unchanged. NOTCAN 0920 Includes copyrighted material ofInsurance Services Office, Inc. with its permission GENERAL LIABILITYDECLARATIONS LIABILITYCOMMERCIAL GENERAL POLICYTHIS STRATHMORE COMPANY NAMED INSURED EFFECTIVE DATE POLICY NUMBER 812OM97723 JSIP 1177 GREENS FARMS, LLC, 12/15/2022 POLICYPERIOD 12-15-2022 to 12-15-2023 JS I P EAST MAIN LLC , ENDORSEMENT NUMBER FORM OF BUSINESS: LIMITED LIABILITY COMPANY TYPE OF POLICY OCCURRENCE LOCATION OF ALL PREMISES YOU OWN/ RENT/ OCCUPY THAT WE INSURE UNDER THIS POLICY SEE DESIGNATION OF PREMISES SCHEDULE THESE DECLARATIONS ARE COMPLETED ON THE ATTACHED COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE(S). LIMITS OF INSURANCE COVERAGE LIMIT OF LIABILITY AGGREGATE LIMITS OF LIABILITY Prod ucts/ Completed Operations Aggregate Products/Completed Operations are subject to the General Aggregate limit. General Aggregate (other than Products/Completed $ 2,000,000 Operations) COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY EACH OCCURRENCE LIMIT $ 1r400,000 DAMAGE TO PREMISES any one premises RENTED TO YOU LIMIT � 100,000 COVERAGE B- PERSONAL AND any one person or organisation ADVERTISING INJURY UABtLITYLIMIT $ 1,000,000 COVERAGE C. - MEDICAL PAYMENTS LIMIT $ 5,000 (>•Z.3:���Tt�•r� ,■r[.P.I�•�C.i>�Y.Z.1•t��el�7.L'�8 SEE SCHEDULE OF FORMS AND ENDORSEMENTS any one person TOTAL ANNUAL PREMIUM -THIS COVERAGE PART PREMISES/ OPER PROD/ CP/ OPER INCLUDING ANY LIQUOR LIABILITY AND OWNERS & CONTRACTORS: $ 39,565 s THIS POLICY CONTAINS AGGREGATE LIMITS; REFER TO SECTION III -LIMITS OF INSURANCE FOR DETAILS. GNY 020 11/20 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL COVERAGE PART SCHEDULE THIS POLICY IS ISSUED BYTI-11" STRATHMORE INSURANCE COMPANY NAMED INSURED EFFECTIVE DATE POLICYNUMBER 812OM97723 12-15-22 E ND 0 RS 1-_� NI FNT N U \1 13 1: R JSIP 1177 GREENS FARMS, LLC, JSIP EAST MAIN LLC, CLASS CODE: PREMR.11%] 13ASIS 1110E%IISFSI OPF RATIONS 60010 UNITS/EACH LOCATION EXPOSURE RATE PREMIUNI 00 2/001 94 --- - ------- __7 CLASS DESCRIPTION 80.274 7,546.00 APARTMENT BUILDINGS (PRODUCTS -COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL P R 0 D U CTS, CO INI 11 L 0 11 ER ATI 0 NS AGGREGATE LIMIT) RATE, PREiiIIUM INCL CLASS CODE PREMIUM BASIS PREMISES OPERATIONS 60010 LOCATION EXPOSURE. 002/001 94 RATE PREMIUNI CLASS DESCRIPTION .025 189.00 TERRORISM PRODUCTS!CONIPt- OPERATIONS RAIL PREMIUM CLASS CODE. :i PR E, MI UNI 13ASIS PR F M I S 1: S, 0 PE R ATI 0 NS _48925--_,-_I SWIMMING POOL/EACH i LOCATION EXPOSURE RATE PREMIUM 001/001 1 CLASS DESCRIPTION 576.384 576.00 SWIMMING POOLS (PRODUCTS -COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT) PRODUCYS,,CON4111, OPERXHONS it PRFMIUM -ATF ------ INCL G NY 021 (069 11 COMM E RCIA 1. GENERAL LIABILITY COMMERCIAL GENERAL COVERAGE PART SCHEDU LE I'l-IIS I'0L.ICY IS ISSUED BY THE STRATHMORE INSURANCE COMPANY NAMED INSURED EFFECTIVE DATE POLICY NUMBFit 812OM97723 JSIP 1177 GREENS FARMS, LLC, 12-15-22 ENDORSEMENT NUMB F R JSIP EAST MAIN LLC, C LASS CO 1) F 1) R F%I I U1,10 13 AS I S 11 It F N I I S FS.; 0 11 E RAIJ 0 NS 48925 LOCATION F X P 0 S U R F i R kl PR ENI I U %,I 001/001 1 ----------- CLASS DESCRIPTION . TERRORISM 025 14.00 PRODUCTS)VONIPL OPERATIONS RA'I F CLASS CO D ' PREMIUM BASIS 1) R E MI S E S 0 PER ATI 0 NS 60010 UNITS/EACH - LOCATION EXPOSURE 001/001 188 PRENHUNI CLASS DESCRIPTION 70.302 413,217.00 APARTMENT BUILDINGS (PRODUCTS -COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL P R 0 1) U CTS CO M 11 L 0 P E, RATI 0 NS AGGREGATE LIMIT) RATE PREMIUM INCL CLASS CODE PREMIUM BASIS IIRI-',\IISI--'S!01'1:RA'l IONS 60010 LOCATION EXPOSURE 001/001 188 RATE PRE MIUM CLASS DESCRIPTION .025 330.00 TERRORISM PR 0 D U CTS,'CO M I'L 0 111-, R ATI 0 NS RA F. i G NY 021 (069 1) COMMERCIAL GENERAL LIABILITY COMMERCIALCENERALCOVERACE PART SCHEDULE THIS POIJCY IS ISSUED BY TH[', STRATHMORE INSURANCE COMPANY NAMED INSURED EFFECTIVE DAI*l_ 1 POLICY NUMBIAR 812OM97723 JSIP 1177 GREENS FARMS, LLC, 12-15-22 FNI)ORSI-I'MFINT NUX-IBER JSIP EAST MAIN LLC, CLASS CODE: PREMIUM BASIS PREXIISFS10FERATIONS 60010 UNITS/EACH LOCATION EXPOSURE RATE PREN-11U.M 003/001 76 CLASS DI-SCRIPTION 70.302 5,343.00 APARTMENT BUILDINGS (PRODUCTS -COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL PRODUCTS C.0NI-I'l. AGGREGATE LIMIT) PREMIUM INCL -------- -- - - CLASS CODE PREMIUM BASIS PREMISES, 0 PE RATIONS 60010 LOCATION 1 EXPOSURE 003/001 i 76 RATE P R ENI I U NI CLASS DESCRIPTION .025 134.00 TERRORISM PRODUCTS/CONIPT. OPERATIONS RATE PRERtIUN,t CLASS CO D F PREMIUMBASIS PRFMISLS,'OPERATIONS 48925 SWIMMING POOL/EACH LOCATION EXPOSURE 004/001 1 _-RATE CLASS DESCRIPTION 598.272 598.00 SWIMMING POOLS (PRODUCTS -COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT) PRODUCTS/COMI'L OPERATIONS RATF --- ------- INCL G NY 021 (069 11 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL COVERAGE PART SCHEDULE THIS 1101-ICY IS ISSUED BY THE STRATHMORE INSURANCE COMPANY NMIFD INSURED EFFECTIVE D.,\IF. l'Of-[('YNU.\,IBI--.R 812OM97723 JSIP 1177 GREENS FARMS, LLC, 12-15-22 1 F NDORSENIFNI NUNIBF.R JSIP EAST MAIN LLC, ------------- ------ ----- CLASS CODE PREMIUM BASIS ------------- 48925 LOCATION EXPOSURE 004/001 ------------ R AX I--- PREMIUM -- ---- - CLASS DESCRIPTION .025 15.00 TERRORISM YROD U (-FSl'_(O_,'-,IPL_OPERATIONS RATF. PIUMIUNI ------- - -- CLASS CODE PREMIUM BASIS 11 It E' M IS E S; 0 P E'R ATI 0 NS i UNITS/EACH LOCATION E X POS U R I 004/001 R A* f F 11 it E' I 180 CLASS DESCRIPTION 59.918 10,785.00 APARTMENT BUILDINGS (PRODUCTS -COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL I,RODIXTS COWL OPE RAI IONS AGGREGATE LIMIT) PREMIUM INCL CLASS CODF. r PREMIUM 13ASIS PRF'vIISLS,OI'I-_.RAI'IONS bOO10 LOCATION EXPOSURE 004/001 RAIL R I U I 180 CLASS DESCRIPTION .025 270.00 TERRORISM PR 0 1) U C'I-S;'('O NI VL OPERATIONS RAIT., PUNBUNI, G NY 021 (069 1) ----------- COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL COVERAGE PART SCHEDULE TI-IIS POLICY IS ISSLJED BY'I'IIE STRATHMORE INSURANCE COMPANY NA%I F 1) 1 NSU R 1. 1) EFFECTIVE DATE POLICYNUMBER 812OM97723 JSIP 1177 GREENS FARMS, LLC, 12-15-22 I-\,D0RSF%IFNT NUMBER JSIP EAST MAIN LLC, CLASS CODE 13ASIS -------- -- I'Rl-'.NIISI:S�01)1-'RA'I'IONS 69999 LOCATION EXPOSURE R ATI: PREMIUM 10 CLASS DESCRIPTION . 23000 EMPLOYERS PRACTICES LIABILITY --- ----------------- PRODUCIS,'CONIN, OPERATIONS ----- --------- -- RAI PR 1: M I j,% CLASS CODE i PRENHUM BASIS IT ENI I S E S 0 VE R ATI 0 NS 44444 LOCA-rioN, F'XPOSURE. 5 RA,rE PREMIUM CLASS DESCRIPTION 25.00 IDENTITY RECOVERY IIIZODUCTS�CONIPL 0111-IZATIONS RATE PREMIUM AT - CLASS (J)DI-1 i P R FNI I U NI 13 AS I S PRINIISLSIOPERATI0NS Flat Charge -- ------ ------- LOCATION i EXPOSURE RATE I CLASS DI;SCRIPTION 200.00 PACKAGE ENDORSEMENT IIRODUCTS''COMPL OPERATIONS R ATF G NY 021 (069 1) COMMERCIAL GENERAL LIABILITY CG 21320509 THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A The following exclusion is added to Paragraph 2\ EL The following exclusion is added to Paragraph 2. Exclusions of Section | — Coverage A — Bodily Exclusions of Section I —Covesage B—Pmrsona| Injury And Property Damage Liability: And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Communicable Disease Communicable Disease "Bodily injury" or"property damage" arising out of the actual or alleged transmission of o communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing inthe: a. 8upervising, hiring, ompkzying, training or monitoring of others that may be infected with and spread acommunicable disease; b. Testing for ocommunicable disease; u. Failure to prevent the spread of the disease; or d. Failure to report the disease ho authorities. "Personal and advertising injury" arising out of the actual or mUogad transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing inthe: a. Supervising,hiring, employing, training or monitoring of others that may be infected with and spread ecommunicable disease; b. Testing for acommunicable disease; c Failure boprevent the spread ufthe disease; or d. Failure hzreport the disease toauthorities. CG 21320509 @|nsmance Services Office, |no,2008 Page 1of1 0 P{)L|CY:812OK487723 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following provisions are added to the insurance provided under the Commercial General Liability Coverage 1'B1ANKET ADDITIONAL INSURED —MANAGERS OR LESSORS OF PREMISES A. SECTION If — WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you, before o looy, have agreed in writing in m contract cvagreement that such person or organization be added as an additional ineumd, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in port, by you or those acting on your behalf in connection with the mwnemhip, mointonance, or use of that part of the pnamioao leased to you and shown in the Designation of Premises Sohedu|e, subject tothe 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; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of the pemon(o)ororganizaUon(s)shown inthe Designation ofPremises Schedule. However: I.The insurance afforded to such additional insured only applies 0uthe extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement meeting the requirements stated in Section I.A. abuve, the insurance afforded 0osuch additional insured will not bebroader than that which you are required bythe contract uragreement toprovide for such additional insured. B. SECTION #/ — COMMERCIAL GENERAL LIABILITY CONDITIONS. OTHER INSURANCE is amended to add the following provision: Primary And Non -Contributory Insurance Kyou agreed inwriting inacontract cvagreement that the insurance aaidentified in1��above isalso primary to and will not seek contribution from any other insurance available to the additional insured, then this additional insured coverage will apply on a primary and non-contributory basis. 2.BLANKET ADDITIONAL INSURED — OWNERS C>ROTHER INTERESTS FROM WHOM LAND HAS BEEN LEASED A. SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you, before a |oen, have agreed in writing in a contract oragreement that such person or organization be added as an addhionol inuumd, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" oeusod, in whole or in part, by you or those acting on your behalf in connection with the mwnemhip, mainbananue, or use of that port of the land leased Vnyou and shown inthe Designation oYPremises Schedule. However: AlCOVGL Includes copyrighted material ofInsurance Services Office, Inc. with its permission 10/20 Page I of 5 1.The insurance afforded <osuch additional insured only applies tothe extent permitted bylaw; and 2. If coverage provided to the additional insured is required byocontract magreement meeting the requirements stated in Section 2�� mbove, the insurance afforded to such additional insured will not be broader than that which you are required by the contract oragreement ho provide for such additional insured. EiWith respect to the insurance afforded to those additional insureds, the following additional exclusions This insurance does not apply to: 1. Any "oncurnence"which takes place after you cease 8olease that land; or 2.Structural alterations, new construction, mdemolition operations performed bymon behalf of the person(s) or organization(s) shown in the Designation of Premises Schedule. C. SECTION [V — COMMERCIAL GENERAL LIABILITY CON0ITWONS, OTHER INSURANCE is amended toadd the following provision: Pdnmmy And Non -Contributory Insurance If you agreed inwriting inacontract oragreement that the insurance aaidentified in�A.above is also primary hoand will not seek contribution from any other insurance available Vnthe additional insured, then this additional insured coverage will apply on a primary and non-contributory basis. 3.BLANKET ADDITIONAL INSURED —VENDORS A. SECTION U—VVHQ IS AN INSURED is amended to include as an additional insured any person or organization for whom you, before a loss, have agreed in writing in a contract or agreement that such person or organization be added as an additional insured, but only with respect to liability for "bodily injury" or"property damage" mhu|ng out of"your products" shown in the Designation of Premises Schedule which are distributed or sold in the regular course of the vendor's business. However Y.The insurance afforded tosuch vendor only applies to the extent permitted bylaw; and 2. If coverage provided to the vendor is required by a contract or agreement meeting the requirements obsksd in Section 3.A, above. the insurance afforded to such vendor will not be broader than that which you are required by the contract cxagreement to provide for such vendor. B.With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1.The insurance afforded the vendor does not apply to: a"Bodily injury" m"property damage" for which the vendor inobligated to pay damages by vaoaon of the assumption of liability in a contract or agreement. This exclusion does not apply Voliability for damages that the vendor would have inthe absence ofthe contract or b. Any express warranty unauthorized byyou� c Any physical or chemical change in the product made intentionally by the vendor; AlCOVGL Includes copyrighted material of Insurance Services Office, Inc. with its permission 10D0 d.Repackaging, except when unpacked solely for the purpose of inspection, demonstration, 0esting, or the substitution of parts under instructions from the manufacturer, and then repackaged inthe original container; e. Any failure 0o make such inapeo8one, ud)uatments, tests orservicing as the vendor has agreed to make or normally undertakes to make in the usual course of bunineum, in connection with the distribution orsale cfthe products; t OemonobnUon, inotn||aiion, servicing or repair opomUons, except such operations performed at the vendor's premises inconnection with the sale ofthe product; 0. 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; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub -paragraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of busneea, in connection with the distribution orsale cf the products. 2. This insurance does not apply 0o any insured person urorganization, from whom you have acquired such pnodudo, or any ingrodien, pert or container, entering into, accompanying or containing such products. C. SECTION [V — COMMERCIAL GENERAL LIABILITY CONDITIONS, OTHER INSURANCE is amended 0uadd the following provision: Primary And Non -Contributory Insurance If you agreed inwriting inacontract or agreement that the insurance emidentified inSection �A. above is also primary to and will not seek contribution from any other insurance available to the additional inuurod, then this additional insured coverage will apply on a primary and non-contributory 4.BLANKET ADDITIONAL INSURED — MORTGAGEE, ASSIGNEE 0R RECEIVER A. SECTION |y—VVHO}GAN INSURED isamended to include aean additional insured any person or organization for whom you, before a loss, have agreed in writing in a contract or agreement that such person or organization be added as an additional ineunad, but only with respect to their liability as murtgagee, assignee, or receiver and arising out of the mwnomhip, mainienanma, or use of the premises byyou and shown inthe Designation cfPremises Schedule. 1. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and 3. If coverage provided to the additional insured is required by a contract or agreement meeting the requirements in SeuUon4.A` above, the insurance afforded Vosuch 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 bstructural alterations, new construction, and demolition operations AlCQVGL Includes copyrighted material of Insurance Services Office, Inc. with its permission 10/28 Page 3 of 5 performed by or for that person or organization. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, OTHER INSURANCE is amended to add the following provision: Primary And Non -Contributory Insurance If you agreed in writing in a contract or agreement that the insurance identified in 4.A. above is also primary to and will not seek contribution from any other insurance available to the additional insured, then this additional insured coverage will apply on a primary and non-contributory basis. 5. BLANKET ADDITIONAL INSURED —LESSOR OR LEASED EQUIPMENT A. SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you, before a loss, have agreed in writing in a contract or agreement that such person or organization be added as an additional insured, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). 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 meeting the requirements stated in Section 5.A. above, 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. 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. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, OTHER INSURANCE is amended to add the following provision: Primary And Non -Contributory Insurance If you agreed in writing in a contract or agreement that the insurance as identified in 6.A. above is also primary to and will not seek contribution from any other insurance available to the additional insured, then this additional insured coverage will apply on a primary and non-contributory basis. 6. STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES A. SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you, before a loss, have agreed in writing in a contract or agreement that such person or organization be added as an additional insured, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies: 1. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures-, or 2. The construction, erection or removal of elevators; or Al COV GL Includes copyrighted material of Insurance Services Office, Inc. with its permission 10/20 Page 4 of 5 3. The ownership, maintenance or use of any elevators covered by this insurance. However: 1. The insurance afforded Vosuch additional insured only applies tothe extent permitted by law; and 2.Ifcoverage provided to the additional insured is required byacontract magreement meeting the requirements stated inSection 6Aabove, 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. SECTION [V — COMMERCIAL GENERAL LIABILITY CONDITN]@S, OTHER INSURANCE is amended Voadd the following provision: Primary And Non -Contributory Insurance Ifyou agreed inwriting inocontract or agreement that the insurance aoidentified inG��above isalso primary Vnand will not seek contribution from any other insurance available 1uthe additional insured, then this additional insured coverage will apply on a primary and non-contributory basis. /WCOVG;L Includes copyrighted material ofInsurance Services Office, Inc. with its permission 10/20 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'our" refer to the company providing this insurance. The word 'insured" means any person or organization qualifying as such under Section 11 — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERAGES COVERAGE A —BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — 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 A or Bor medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: r COMMERCIAL GENERAL LIABILITY CG 00 01 0413 (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section 11 — Who Is An Insured and no "employee" authorized by you to give or receive notice of an 'occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; CG 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 16 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured 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: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same 'insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the 'occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (2) The furnishing of alcoholic beverages to a This exclusion does not apply to liability person under the legal drinking age or under assumed by the insured under an "insured the influence of alcohol; or contract". (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. Page 2 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 0413 f. Pollution (1) 'Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) 'Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) 'Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (III) 'Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) 'Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) 'Bodily injury or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (III) 'Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". CG 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 3 of 16 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in anyway respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". 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" involved the ownership, maintenance, use or entrustment to others of any aircraft, 'auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment'. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an 'auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (3) Parking an "auto" on, or on the ways next to, (2) Premises you sell, give away or abandon, if premises you own or rent, provided the "auto" the "property damage" arises out of any part is not owned by or rented or loaned to you or of those premises; the insured; (3) Property loaned to you; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or Page 4 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 0413 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III —Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are 'your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to 'your product" arising out of it or any part of it. Damage To Your Work "Property damage" to 'your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to 'impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in 'your product" or 'your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to 'your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product", (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". 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. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, 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, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or CG 00 01 0413 @ Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-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. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III —Limits Of Insurance. COVERAGE B —PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any '`suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The arnount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or Bor medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury" b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods —Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". Page 6 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 0413 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. 1. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN- 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. CG 00 01 0413 0 Insurance Services Office, Inc., 2012 Page 7 of 16 COVERAGE C—MEDICALPAYMENTS t Insuring Agreement a. We will pay medical expenses as described below for 'bodily injury" caused by an accident: (1) On premises you own orrent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to mmmmskmn, at our oxpense, by physicians of our choice as often as we reasonably require. b We will make these payments regardlessoffault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) dental services, including prosthetic devices; and (3) Necessary ambulance, hoepito, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily in/ury'': a Any Insured Toany insured, except "volunteer wmrkeru" b. Hired Parson To a person hired to do work for or on behalf of any insured oratenant ofany insured. c. Injury OnNormally Occupied Premises To a person injured on that part of pnamiaoo you own or rent that the person normally occupies. d.Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the 'bodily injury" payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while pradicing, instructing or participating in any physical exercises or games, sports, nrathletic contests. t Products -Completed Operations Hazard Included within the "prod ucts-cnmp|eted operations hazard". Q. Coverage /kExclusions Excluded under Coverage A SUPPLEMENTARY PAYMENTS — COVERAGES AAND B 1. We will pay, with respect to any claim woinvestigate orsettle, orany %ud.against aninsured wedefend: a All expenses weincur. b, Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use ofany vehicle to which the Bodily Injury Liability Coverage applies. VVo do not have 0nfurnish these bonds. c. The cost of bonds to release attachm*nts, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d' All reasonable expenses incurred by the insured at our request to maeiet us in the investigation or defense of the claim or ^ou|C', including actual ban of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the 'suit''. Howewar, these payments do not include attorneys fees o/ attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insunonco, we will not pay any prejudgment interest based on that period of time after the offer. Page 8of1G @|muuranmaServices Office, |no,2U12 CG$QOY0413 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract'; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit'; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section i — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION 11 —WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. CG 00 01 0413 0 Insurance Services Office, Inc., 2012 Page 9 of 16 2 Each ofthe following is also aninsured: a while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) '13odily injury" or "personal and advertising 3. (a)To you, to your partners or members(if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your (b) To the spouse, child, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a)ebovo; (c) For which there is any obligation to uhee damages with or repay someone else who must pay damages because of the injury described in Paragraph (i)(a) or (b) c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property-, and (D Until your legal representative has been appointed. & Your legal representativeifyou die, but only with respect Uoduties aosuch. That representative will have all your rights and duties under this Coverage Part. Any organization you newly acquire nrform, other than a partnemhip, joint venture or limited liability company,and overwh|oh you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy po,iod, whichever ioearlier; b` Coverage Adoao not apply to "bodily "property damoge" that occurred before you acquired orformed the organization; and c Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. Noperson ororganization isuninsured with respect hn conductthe y any current or past partnership,hd venture or limited liability company that is not shown as alloned Insured inthe Declarations. ¢Q Arising out of his or her providing or SECTION III —LIMITS OF INSURANCE failing to provide professional health care t The Limits ofInsurance shown in the Declarationsservices.==,� and the rules below fix the most we will pay (2) "Property damage" hnproperty: regardless of the number of: (a) Owned, occupied orused by; (b) Ranted to, in the care, custody or control of, orover which physical control is being exercised for any purpose by; you, any of your "employees", "volunteer wmrkem^, any partner ormember (if you are a partnership or joint venture), or any member (if you are o limited liability company). b. Any person (other than your 1ympkoyoo^ or "volunteer wmrhel, or any organization while acting as your real estate manager. a. hmunada; b. Claims made or "suits" brought; or cPersomo or organizations making claims or bhnging'�suits". 2. The General Aggregate Limit isthe most wewill pay for the sum of: a Medical expenses under Coverage C; b. Damages under because of "bodily injury" included in the "prod uds-compketeU operations hazard"; and c. Damages under Coverage B. Page 10mf1G 0Insurance Services Office, |nc.2U12 CGV0O40413 3. The Prod uots-Complete Operations Aggregate Limit is the most wmwill pay under Coverage Ahor damages because of "bodily injury" damage" included in the "prod ucto'oompleteU operations hazard". 4. Subject to Paragraph 2 above. the Penonno{ And Advertising Injury Limit is the most we will pay under Coverage Bfur the sum of all damages because of all "personal and advertising injury" sustained byany one person ororganization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a Omnmsgem under Coverage A; and b. Wdioa|oxpnnmes under Coverage C because ofall 'bodily injury" and "property damage" arising out ofany one'boournenoa" 6 Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit io the most wewill pay under Coverage A for damages baomuoo of "property damage" 0o any one pramisea, while rented hoyou, urinthe case ofdamage byfire, while rented to you or temporarily occupied by you with permission ofthe owner. 7. Subject to Paragraph 5iabove, the Wdioa!Expense Limit is the most we will pay under Coverage C for all nx*dioai expenses because of 'bodily injury" sustained byany one person. The Limits ofInsurance ofthis Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12mnntha. starting with the beginning of the policy period shown in the Ooularatkonu, unless the policy period ioextended after issuance for on additional period of less than 12 months. In that masa, the additional period will be deemed part ofthe last preceding period for purposes ofdetermining the Limits ofInsurance. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS 1' Bankruptcy Bankruptcy or insolvency of the insured or of the inauvad's estate will not relieve us of our obligations under this Coverage Part. 2' Duties !nThe Event QfOccurrence, Offense, Claim Or Sub a You must see 8nhthat wmare notified eesoon oo practicable of on ^hcounance^ or an offense which may nmuK in o claim. To the extent possible, notice should include: (1) How, when and where the ^hnourrenm/' or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location ofany injury or damage arising out of the ^Uoourn»nme or offense. b, |faclaim ismade or'suk"isbrought against any insured, you must: (1) Immediately record the specifics of the claim or"suh.and the date received; and (2)Notify uaossoon aopracticable. You must see to it that we receive written notice ofthe claim ur'�suh"aesoon aepracticable. c. You and any other involved insured must: (1) Immediately send us copies ofan domando, noU000, summonses o,legal papers received inconnection with the claim ur'buk"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim ordefense against the 'Isuit';and (/) Assist um' upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because ofinjury ordamage Vowhich this insurance may also apply. d. No insured will, except at that innured's uvvn coot, voluntarily make o poymont, assume any ob|igoUnn, o/ incur any expense, other than for first aid, without our consent. 3. Legal Action Against Ue No person or organization has a right under this Coverage Part: s. To join us as a party or otherwise bring us into a '�suit"asking for damages from eninsured; or b. To sue uuonthis Coverage Part unless all ofits terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means e settlement and vekmoe of liability signed by uo, the insured and the claimant or the claimant's legal representative. CG88010413 @|naur nme Services Office, Inc., 2012 page11 wf1G 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for 'your work'; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; Page 12 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 0413 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring ''suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V—DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. 'Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic mans of communication; provided the insured's responsibility to pay damages is determined in a 'suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a 'leased worker". "Employee" does not include a 'temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. "Hostile fire" mans one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than 'your product" or 'your work", that cannot be used or is less useful because: a. It incorporates 'your product" or 'your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of 'your product" or 'your work" or your fulfilling the terms of the contract or agreement. CG 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an 'insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; Q e. f. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; An elevator maintenance agreement; That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10. "Leased worker" mans a person leased to you by a labor leasing firm under an agreement between you and the labor teasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a 'temporary worker". 11. "Loading or unloading" mans the handling of pro perty: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or 'auto" to the place where it is finally delivered; but 'loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 O Insurance Services Office, Inc., 2012 CG 00 01 0413 However, self-propelled vehicles with the following types of permanently attached equipment are not "nubile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15. "Pollutants" man any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product"or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, 'your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at thejob site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the 'loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - completed operations are subject to the General Aggregate Limit. 17. "Property damage" mans: a. 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 b. 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. For the purposes of this insurance, electronic data is not tangible property. CG 00 01 0413 U Insurance Services Office, Inc., 2012 Page 15 of 16 As used in this definition, electronic data nmon infornation, facts or programs stored as or on, created or used on, o, transmitted to or from computer eoftvw*re, including ayeAans and applications eoftwmve, hard or floppy disks, CD- RONb. <epen, dhvoa, ooUa, data processing devices or any other media which are used with electronically controlled equipment. 18L'�6uit"means acivil proceeding iowhich damages because of 'tmdUy injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. '�5uit''includes: m. An arbitration proceeding in which such damages are claimed and to which the insured must submit o/does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19\'Temponsry worker" nnamnn a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 28.'Vb|untear worker" means a person who is not your 'emp|oyoe^, and who donates his or her work and acts at the direction of and within the scope f duties determined by you, and is not paid a fee, salary orother compensation byyou oranyone else for their work performed for you. 21.'Yourpnmduct^: a. Means: (1) Any goods or products, other than real nanuhadurod, au|d, handled' distributed ordisposed o[by: (a) You; (b) Others trading under your name; or (c) A person o, organization whose business or assets you have acquired; and (2) Containers (other than vehiolea), mobaria|a, parts or equipment furnished in connection with such goods orproducts. b. Includes: (i) VVbrnanUaa or representationsmade at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of o, failure to provide warnings orinstructions. o. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.'Your work": a Means: (1) VVbrh or operations performed by you or on your behalf; and (J) K0yterials, ports or equipment furnished in connection with such work oroperations. b. Includes: (1) Warranties or representations made at any time with moped to the fitness, quality, dunabi|ity, performance or use nf'�our work"; and (2) The providing of or failure to provide warnings or instructions. Page 16mfi6 @|nourunoe8ervkcem Office, Inu.2O12 CGUOOi04f3 COMMERCIAL GENERAL LIABILITY THIS ENDORSEINIENT CHAiNGES T'HE POLICY. PLEASE REAR IT CAREFULLY. COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph La. ofCOVERAGE A- BODILY IN- .IURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) is replaced by the fol- lowing: I. Insuring Agreement 13. Paragraph 2.1). ofC'OVERAGE A - BODILY IN - .JURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) is replaced by the fol- lowing: 2. Exclusions a. We will pay those Burns that the insured `Phis insurance does not apply to: becomes legally obligated to pay as dam- ages because of"bodily injury" or "prop- b. "Bodily injury" or ""property damage"' for crty damage" to which this insurance which the insured is obligated to pay applies. We will have the right and duty to damages by reason of the assumption of defend the insured against any "suit' liability in a contract or agreement. This seeking those: damages. Ilowever. we will exclusion does not apply to liability for have no duty to defend the insured against damages: any"suit" seeking damages for "bodily in - fury' or "property damage" to which this (I) That the insured would have in the ab- insurance does not apply. We Unay, at our Bence of the contract or agreement: or discretion, investigate any"occurrence" and settle any claim or "suit" that may re- (2) Assumed in a contract or agreement stilt. But: that is an "insured contract", provided the "bodily injury' or "property darn- (() The amount we will pay for damages age" occurs subsequent to the exe- is limited as described in LIMITS OF cation of the contract or agreement. INSURANCE (SECTION Itl); and Solely for the purposes of liability as- surned in an "insured contract", rea- (2) Our right and duty to dclend end when sonable attorney fees and necessary we have used up the applicable limit litigation expenses incurred by or for a of insurance in the payment of judg- party other than an insured are deemed ments or settlements under Coverages to be damages because of"bodily in - A or B or medical expenses under jury' or "property damage", provided: Coverage C. (a) Liability to such party for, or for the No other obligation or liability to pay sums cost of, that party's defense has also or perform acts or services is covered tin- been assumed in the same "insured less explicitly provided for Under SUP- contract"; and PLEMENTARY PAYMENTS - COVER- AGES A AND B. (b) Such attorney lees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insur- ance applies are alleged. CG 00 43 05 92 Copyright, Insurance Services Office, Inc., 1991 Page I of C. Paragraph La. of COVERAGE B - PERSONAL. AND ADVERTISING INJURY LIABILITY (Sec- tion 1 - Coveragcs) is replaced by the following: Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of"personal h1jury" or "ad- vertising injury" to which this insurance applies. We will have the right and duty to defend the insured against ally "Suit" seeking those damages. However, vvc will have no duty to det"end the insured against any "suit' seeking damages for "personal injury' or "advertising in ury' to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS Of INSURANCE (SECTION lit); and E. Paragraph 2x.(3) ol'the DUTIES IN THE EVENT OF OCCURRENCE- CLAIM OR SUIT Condition (Section IV - Commercial General Liability Con- ditions) is replaced by the IbIlowing: 2. Duties in the Event of Occurrence, Offiense, Claim or Suit c. You and any other involved insured must: (3) Cooperate with us in the investigation or settlefile ill of the claim or defense against the "suit". and F. Paragraph 2.d.ofthe DUTIES IN THE F'VENT OF OCCURRENCE. CLAIM OR SUIT Condition (Section 1\-' - Commercial General Liability Con- ditions) is replaced by the following: (2) Our 6011t and duty to defend end Nvhen we have used up the applicable limit of insurance in the payment of judg- ments or settlements under Coverages G A or B or- medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered un- less explicitly provided for under SU P- PLEMENTARY PAYMENTS - COVER- AGES A AND B. D. The first sentence ot'SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B is replaced by the following: We will pay, with respect to any claim we inves- tigate or settle, or any"suit" against an insured we defend: 2. Duties in the EVCut of Occurrence, Ofl' IISe, Claim or Suit d. No insured will, except at that insureds own cost, voluntarily make a payment, as- sume any obligation, or incur any expense, other than for first aid, without our con - se fit. The second paragraph of paragraph 4.b. of the OTLtER INSURANCE Condition (Section IV - Commercial General Liability Conditions) is re- placed by the following: 4. Other Insurance b. Excess Insurance When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the in- sured against that "suit". I1'110 other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Pawc 2 of3 Copyright, insurance Services Otiicc, Inc., 1991 CG 00 43 05 92 If. The definition of"suit' in DEFINITIONS is re- placed by the following: 16. "Suit' means a civil proceeding in which damaocs because of"bodily injury` "property damage" "personal injury'' or "advertising in- jin-V to which this insurance applies are al- leged. ';Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the in- sured must submit or does submit with our consent: or 1). Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits With our consent. CG 00 43 05 92 Copyright, htsurance Services ©Bice. Inc„ 1991 Page 3 of 3 COMMERCIAL GENERAL LIABILITY CG 00 67 03 05 i us i i ' • i i"i 1 i:14101 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily In- Exclusions of Section I — Coverage B — Personal jury And Property Damage Liability: And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: DISTRIBUTION OF MATERIAL IN VIOLATION OF STATUTES "Bodily injury" or "property damage" arising di- rectly or indirectly out of any action or omis- sion that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmit- ting, communicating or distribution of mate- rial or information. This insurance does not apply to: DISTRIBUTION OF MATERIAL IN VIOLATION OF STATUTES "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmit- ting, communicating or distribution of mate- rial or information. CG 00 67 03 05 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: 812OM97723 COMMERCIAL GENERAL LIABILITY CG 21 16 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART R�� Description Of Professional! Services 1. ALL PROFESSIONAL SERVICES I1 3. 9 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to any professional services shown in the Schedule, the following exclusion is added to Paragraph 2. Exclusions of Section 1— Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" due to the rendering of or failure to render any professional service. 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 failure to render any professional service. CG 21 16 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 812OM97723 COMMERCIAL GENERAL. LIABILITY CG 2144 04 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 0 • • a 1r • Ir r � � . � r r 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises: AS SHOWN ON DESIGNATION OF PREMISES SCHEDULE Project Or Operation: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. If this endorsement is attached to Commercial General Liability Coverage Form CG 00 01, the provisions under this Paragraph A. apply: 1. Paragraph 1.b. under Section 1— Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: b. This insurance applies to "bodily injury" and "property damage" caused by an "occurrence" that takes place in the "coverage territory" only if: (1) The "bodily injury" or "property damage": (a) Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises; or (b) Arises out of the project or operation shown in the Schedule; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section 11 — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. 2. Paragraph 1.b. under Section I — Coverage B — Personal And Advertising Injury Liability is replaced by the following: b. This insurance applies to "personal and advertising injury" caused by an offense committed in the "coverage territory" but only if: (1) The offense arises out of your business: (a) Performed on the premises shown in the Schedule; or CG 2144 0417 © Insurance Services Office, Inc., 2016 Page 1 of 3 (b) In connection with the project or operation shown in the Schedule; and (2) The offense was committed during the policy period. However, with respect to Paragraph 1.b.(1)(a) of this Insuring Agreement, if the "personal and advertising injury" is caused by: (1) False arrest, detention or imprisonment; or (2) The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; then such offense must arise out of your business performed on the premises shown in the Schedule and the offense must have been committed on the premises shown in the Schedule or the grounds and structures appurtenant to those premises. 3. Paragraph 1.a. under Section I — Coverage C — Medical Payments is replaced by the following: a. We will pay medical expenses as described below for "bodily injury" caused by an accident that takes place in the "coverage territory" if the "bodily injury": (1) Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises; or (2) Arises out of the project or operation shown in the Schedule; provided that: (a) The accident takes place during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. B. If this endorsement is attached to Commercial General Liability Coverage Form CG 00 02, the provisions under this Paragraph B. apply: 1. Paragraph 1.1b. under Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: b. This insurance applies to "bodily injury" and "property damage" caused by an "occurrence" that takes place in the "coverage territory" only if: (1) The "bodily injury" or "property damage": (a) Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises; or (b) Arises out of the project or operation shown in the Schedule; (2) The "bodily injury" or "property damage" did not occur before the Retroactive Date, if any, shown in the Declarations or after the end of the policy period; and (3) A claim for damages because of the "bodily injury" or "property damage" is first made against any insured, in accordance with Paragraph 1.c. of this Insuring Agreement, during the policy period or any Extended Reporting Period we provide under Section V — Extended Reporting Periods. 2. Paragraph 1.b. under Section 1 — Coverage B — Personal And Advertising Injury Liability is replaced by the following: b. This insurance applies to "personal and advertising injury" caused by an offense committed in the "coverage territory" but only if: (1) The offense arises out of your business: (a) Performed on the premises shown in the Schedule; or (b) In connection with the project or operation shown in the Schedule; (2) The offense was not committed before the Retroactive Date, if any, shown in the Declarations or after the end of the policy period; and Page 2 of 3 © Insurance Services Office, Inc., 2016 CG 2144 04 17 (3)Aclaim for damages because of the "personal i fim{ made against any insured, in accordance with Paragraph 1.c. of this Insuring Agreement, during the policy period or any Extended Reporting Period we provide under Section V — Extended Reporting Periods. However. with respect to Paragraph 1.1b.(1)(m) of this Insuring Agreement, if the "personal and advertising injury" is caused by: (1) False arrest, detention or imprisonment; or 1 Paragraph I.a. under Section I — Coverage C — Medical Payments is replaced by the following: m. VVewill pay medical expenses aodescribed below for "bodily injury" caused by an accident that takes p}ern in the "coverage territory" ifthe "bodily injory": (1) Occurs on the premises shown in the Schedule or the grounds and otmoiurao appurtenant tothose premises; or (3) Arises out of the project or operation shown inthe Schedule; provided that: (2) wrongfulThe wrongful (a) The accident takes place during the into,entry invasion of the right of policy period; private occupancy of a room, dwelling or (b) The incurred and premises that a person ocuupeo, reported to us within one year of the committed byoronbehalf ofits owner, date ofthe accident; and landlord o/|eeoor� ' (c) The injured person submits to then such offense must arise out of your examination, at our expenoo, by business performed unthe premises shown physicians of our choice as often as in the Schedule and the offense must have we reasonably require. been committed onthe premises shown in the Schedule orthe grounds and structures appurtenant hothose premises, CG 21440417 @ Insurance Services Office, |no,201G Page 3mf3 COMMERCIAL GENERAL LIABILITY CG21651204 • a • �. a a a • #011111 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section 1 — Coverage A —Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants" at anytime. This exclusion does not apply to: (a) "Bodily injury" if sustained within a building which is or was at any time owned or occu- pied by, or rented or loaned to, any insured and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; or (b) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire" unless that "hostile fire" occurred or originated: (i) At any premises, site or location which is or was at any time used by or for any in- sured or others for the handling, stor- age, disposal, processing or treatment of waste; or (ii) At any premises, site or location on which any insured or any contractors or subcontractors working directly or indi- rectly on any insured's behalf are per- forming operations to test for, monitor, clean up, remove, contain, treat, detox- ify, neutralize or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or assessing the effects of, "pollutants". CG 21 6512 04 0 ISO Properties, Inc., 2003 Page 1 of 1 0 This endorsement modifies insurance provided under the following: This insurance does not apply to "bodily injury" or arising out of construction or demolition operations which are performed by or on behalf of the Named Insured in the course of any job which involves the new construction or demolition of any load bearing wmU, floor, ceiling or roof ofa building or structure, provided, however, that nothing herein Unnda, prohibits or restricts insurance coverage for the repair, alteration, maintenance or refurbishing nfaload bearing wall, floor, ceiling orroof. POLICY NW0NBER:812OK8A7723 POLICY PERIOD: 12/15/3O22-12/15/2O23 THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ [TCAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage Additional Premium "Hired Auto" Liob||bv $40 "Non-0vvnedAuto" Liability $40 "Hired Auto" and "Non'[kwnedAuto" Liability A. Insurance is provided only for those coverages for which a specific premium charge is shown in the Declarations or in the Schedule. 1. "Hired Auto" Liability The insurance provided under Coverage A of the Commercial General Liability Coverage Form, applies to "bodily injury" or damage" arising out of the maintenance or use of "hired auto" by you or your "employees" in the course of your business. 2. "Non-OwnedAuto" Liability The insurance provided under Coverage A of the Commercial General Liability Coverage Form opo|keo to "bodily injury" or danoeoe' arising out of the use of any "non -owned auto" in your business by any person other than you. B. The following applies only to insurance provided by Paragraph &ofthis 1. The exclusions under the Commercial General Liability Coverage Form. other than Exclusions a., b., d., f. and i. are deleted and replaced by the following: a. "Bodily injury" to an of the insured arising ' out of and inthe course of: (1) Employment bvthe insured; or CGU'001 (02X05) Page of 0\Performing duties related to the conduct nfthe insuned's business. But this exclusion does not apply to "bodily injury" to domestic "employees"not entitled to workers' compensation benefits or to |\abUib/ assumed by the insured under on"insured contract^ b. "Property damage" ho� (1) Property owned or being transported by, or rented or loaned to the insured; or (2)Property inthe care, custody wrcontrol ofthe insured. 2. SECTION K1-WHO IS ANINSURED ofthe COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced bythe following: Each of the following is an insured under this endorsement to the extent set forth below: o. You; b. Any other person using e"hired auto" with your ; o. For "non -owned auto", any partner or "executive officer" of yours, but only while such "non'ownedauto" iobeing used inyour business; and d. Any other person or organizahon, but only for their liability because of ante or omissions ofaninsured under a..b.oro.above. None ofthe following |naninsured: a. Any person engaged inthe business ofhis orher employer for "bodily injury" bzmny co'"ennp|oyme"ofsuch person injured inthenouraeof employment; b. Any partner or "executive officer" for any "auto" owned by such partner or officer or a member ofhis orher houmeho|d� . c. Any person while employed in or otherwise engaged in duties in connection with an "auto buainmos".other than an"auto business" you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a"nun-uwnodauto" orany agent or"emp|oyee"ofany such owner orlessee; o. Any person or organization for the conduct of any current or past partnership or joint venture that isnot shown osaNamed Insured inthe Declarations. C. The following additional definitions apply: CGU'001(02/05) Page 2cf3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. "Auto Business" means the business or occupation of oeUino, rapaihng, servicing, storing cxparking "autoo" 2. "Hired -Auto" means any "aubz"you (noae. hire orborrow. "Hired Auto" does not include any "auto"you |maea, hire orborrow: m. From any of your "employees" or rnennbena of their houneho|de, or from any partner "execuhveofficer" nfyours, or b. For eperiod ofsix months ormore. 3. "Non -Owned Auto" rnaano any "auto" you do not own, |eoya, hire orborrow that im used in connection with your business. Hovvever, if you are a partnership, g "non -owned auto" does not include any ''auto"owned byany partner. D. The coverage provided bythis endorsement does not apply to: Any obligation urliability for any injury, koaa.uoat, damage or expense: 8. Under Section C,Medical Payments; b. Imposed bvNo-fault law; c. For personal injury pniteotioncuvenaqe; d. For undehnsuredoruninsured motorists coverage; e. Imposed byany financial responsibility law; or f. Imposed byLaws orCoverages related tofirst-party coverage; or g. Similar coverage orlaw. CGU'001(02/05) Page 3of3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FOR PUNITIVE DAMAGES AND SIMILAR 11LW,0,aDS AND PENALTIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B— Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Punitive Damages and Similar Awards and Penalties Any liability for fines, penalties, "punitive damages," exemplary damages, treble, or multiple damages directly or vicariously assessed against the Insured. B. The following definition is added to the Definitions Section: "Punitive damages" means damages that may be imposed to punish a wrongdoer, to deter others from similar conduct, or both. C. Defense. If a suit is brought against an Insured seeking compensatory damages covered by this policy, as well as sums excluded by this endorsement, we will defend the "suit." However, we will have no obligation to pay for any interest under subparagraph 1. g. of the SUPPLEMENTARY PAYMENTS provision attributable to any sum excluded by this endorsement. Includes copyrighted material of the Insurance Services Office, with its permission. Copyright, Insurance Services Office, 2007. XPUNDAM (06/13) Page 1 of 1 t t1 * • t • 0 • r t i t• . t w� r t • k r •. , Sr STRATHMORE INSURANCE, COMPANY Policy Number: 812OM97723 Account Number: 20M9772322 Named Insured: JSIP 11'77 GREENS FARMS, LLC, NOTICE EPLIDECMAS 10 07 Agent #: 0030497 EXCEPT TO SUCH EXTENT AS MAY OTHERWISE BE PROVIDED HEREIN, THE COVERAGE OF THIS COVERAGE PART IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS OR SUITS THAT ARE FIRST MADE AGAINST THE INSUREDS DURING THE EPL COVERAGE PERIOD AND REPORTED IN WRITING TO THE INSURER PURSUANT TO THE TERMS HEREIN. VARIOUS PROVISIONS IN THIS COVERAGE PART RESTRICT COVERAGE. PLEASE READ THE ENTIRE COVERAGE PART CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED. . THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS UNDER THIS COVERAGE PART SHALL BE REDUCED BY AMOUNTS INCURRED FOR LEGAL DEFENSE. AMOUNTS INCURRED FOR LEGAL DEFENSE SHALL BE APPLIED AGAINST THE DEDUCTIBLE AMOUNT. EPL Coverage Period: From: 12-15-2022At 12:01 A.M. Standard Time at your mailing address shown on the To: 12 -15 - 2 0 2 3 Declarations page of this policy EPL Aggregate Limit of Liability: $ 1.0 0 , 0 0 0 Aggregate for all 'toss" combined, including "defense costs". EPL Deductible Amount: $ 10, 000 For 'toss" arising from claims or suits alleging the same 'Wrongful employment act" or "related wrongful employment acts". EPL Original inception Date: 12-15-2 021 (Enter "original inception date".) If no date is shown, 'we" will consider the "original inception date" to be the same as the beginning of this Coverage Part. This insurance does not apply to 'toss" arising out of a 'wrongful employment act" that: (1) commences on or takes place prior to the "original inception date" shown here, or (2) arises out of incidents or circumstance of which 'you" had knowledge prior to the "original inception date" shown. EPL COVERAGE PREMIUM: 1 $ 230 EPLIDECMAS 10 07 EPLI AS 10 07 i f • i A i 0 Throughout this Coverage Part (hereinafter referred to as "EPL Coverage Part'), the words "you" and "your" refer to the "named insured(s)" shown in the Supplemental Declarations of this EPL Coverage Part and any other person(s) or organi- zation(s) qualifying as a "named insured" under this EPL Coverage Part. The words 'We", "us" and "our" refer to the com- pany providing this insurance. The word 'insured" mans any person or organization qualifying as such under SECTION III. WHO IS AN INSURED. Other words and phrases that appear in "quotations" have special meaning. Refer to SECTION VII. DEFINITIONS. The terms and conditions of the Cancellation Clause of the Common Policy Conditions, IL 00 17 are hereby incorporated herein and shall apply to coverage as is afforded by this EPL Coverage Part, unless specifically stated otherwise in an en- dorsement(s) attached hereto. SECTION 1. WHAT IS COVERED A. Insuring Agreement 1. "We" shall pay those 'tosses" arising out of "your" 'Wrongful employment act" against "your" "em- ployees", 'Yecognized volunteers" and applicants for employment to which this insurance applies. The 'Wrongful employment act" must commence or take place after the "original inception date", but before the end of the "EPL coverage period". A "claim" or "suit" for a 'Wrongful employment act" must be first made against "you" during the "EPL coverage period" or any Extended Report- ing Period (if applicable) and reported to "us" pursuant to the terms of this EPL Coverage Part. 2. A "claim" or "suit" by a person or organization seeking damages will be deemed to have been made at the earlier of the following times: a. When written notice of such "claim" or "suit" is received and recorded by any 'Insured" or by "us", whichever comes first; or b. When 'We" make any settlement in accor- dance with the terms of this EPL Coverage Part. B. Defense 1. "We" have the right and duty to defend and ap- point an attorney to defend any "claim" or "suit" brought against any 'Insured" for a 'Wrongful employment act" to which this insurance applies, even if the "claim" or "suit" is groundless or fraudulent. 2. "We" have the right to investigate and settle any "claim" or "suit" that 'We" believe is proper. "You" shall be entitled to effectively associate in the de- fense of any "claim". 3. '1Ne" shall pay all reasonable costs 'We" ask the 'Insured" to incur while helping "us" investigate or defend a "claim" or "suit". "We", however, will not pay more than $100 per day for earnings lost by the 'Insured" because of time taken off from work. 4. "We" shall pay premiums for appeal bonds, or bonds to release property being used to secure a legal obligation, for a covered "suit". "We" shall only pay, however, for bonds valued up to "our" Aggregate EPL Limit of Liability. "We" shall have no obligation to appeal or to obtain these bonds. 5. Payments for "defense costs" are included within the Aggregate EPL Limit of Liability. They are not in addition to the Aggregate EPL Limit of Liability. "Our" duty to defend or to make payment of any "claim" or "suit" pursuant to paragraphs 1-4 above, ends after the Aggregate EPL Limit of Li- ability has been exhausted by payment of 'loss", including "defense costs". 6. 'We" shall pay all interest on that amount of any judgment within the Aggregate EPL Limit of Li- ability: a. which accrues after entry of judgment; and b. before 'We" pay, offer to pay, or deposit in court that part of the judgment within the Aggregate EPL Limit of Liability. These interest payments are included within "our" Aggregate EPL Limit of Liability. EPLI AS 10 07 Page 1 of 8 C. Transfer of Control 1. "You" may take over control of any outstanding "claim" or "suit" previously reported to "us", but only if 'We", in "our" sole discretion, decide that you should, or if a court orders "you" to do so. 2. Notwithstanding subsection 1 of this Clause C, in all events, if the Aggregate EPL Limit of Liabil- ity is exhausted, 'We" will notify "you" of all out- standing "claims" or "suits" and 'you" will take over control of the defense. "We" will help trans- fer control of the "claims" and "suits" to 'you". 3. '1Ne" shall take whatever steps are necessary to continue the defense of any outstanding "claim" or "suit" and avoid a default judgment during the transfer of control to 'you". If "we" do so, 'five" shall not waive or give up any of "our" rights. "You" shall pay all reasonable expenses 'We" in- cur for taking such steps after the Aggregate EPL Limit of Liability is exhausted. SECTION II. EXCLUSIONS -WHAT IS NOT COVERED This insurance does not apply to: A. Profit or Advantage Any liability arising out of the gaining of any profit or advantage to which an 'Insured" was not legally enti- tled. However, to the extent that a "claim" or "suit" is otherwise covered under this EPL Coverage Part, we will defend a "claim" or "suit" asserting that an 'in- sured" gained a profit or advantage to which the 'in- sured" was not legally entitled, until such time as the 'Insured" is determined to have gained a profit or ad- vantage to which the 'Insured" was not legally enti- tled; B. Criminal Acts Any liability arising out of any dishonest, fraudulent, criminal, or malicious act by or at the direction of any 'Insured". However, to the extent that a "claim" or "suit" is otherwise covered under this EPL Coverage Part we will defend a "claim" or "suit" asserting a dis- honest, fraudulent, criminal or malicious act until such time as the 'Insured" is determined to have committed such dishonest, fraudulent, criminal or malicious act; The "wrongful employment act(s)" of an 'Insured" shall not be imputed to any other 'Insured" for the purpose of determining the applicability of the fore- going exclusions A and B. C. 'Property Damage" • Any liability arising out of "property damage"; Any liability arising out of "bodily injury"; E. Worker's Compensation, Social Security and Unemployment Disability and Retirement Benefits Any liability arising out of any obligation pursuant to any worker's compensation, disability benefits, un- employment compensation, unemployment insur- ance, retirement benefits, social security benefits or similar law. This exclusion, however, shall not apply to 'loss" arising from a "claim" or "suit" for 'Iretalia- tion", F. Contractual Liability Any liability arising out of any actual or alleged con- tractual liability of any 'Insured" under any express contract or agreement. This exclusion, however, shall not apply to the extent any liability does not arise under such express contract or agreement; G. ERISA, COBRA, WARN, OSHA and NLRA Any liability arising out of the 'Insured's" failure to ful- fill any responsibility, duty or obligation imposed by the Employment Retirement Income Security Act of 1974 (ERISA), Consolidated Omnibus Budget Rec- onciliation Act of 1985 (COBRA), Workers' Adjust- ment and Retraining Notification Act, Public Law 100- 379 (1988) (WARN), Occupational Safety and Health Act (OSHA), National Labor Relations Act of 1947 (NLRA), any rules or regulations of the foregoing promulgated thereunder, and amendments thereto or any similar provisions of any federal, state, or local statutory or common law. This exclusion, however, shall not apply to 'loss" arising from a "claim" or "suit" for Tetaliation", H. FLSA Any liability arising out of any obligation under the Fair Labor Standards Act, or any violations of any federal, state, local or foreign statutory law or com- mon law that governs the same topic or subject and any rules, regulations and amendments thereto (ex- cept the Equal Pay Act). This exclusion, however, shall not apply to 'loss" arising from a "claim" or "suit" for 'Yetaliation"; Any liability arising out of claims for unpaid wages or overtime pay for hours actually worked or labor ac- tually performed by any 'employee" of the 'Insured", for improper payroll deductions or any violations of any federal, state, local or foreign statutory law or common law that governs the same topic or subject and any rules, regulations and amendments thereto. 1. Non -Monetary Relief That part of any "claim" or "suit" seeking any non - monetary relief, including but not limited to: (1) in- junctive relief; (2) declaratory relief; (3) disgorge- ment; (4) job reinstatement; (5) costs or expenses EPLI AS 10 07 Page 2 of 8 incurred in accommodating any disabled person, pursuant to the Americans with Disabilities Act of 1990 (ADA), including amendments to that law or similar federal, state or local statutory or common law; (6) any liability or costs incurred in connection with any educational, sensitivity or other corporate program, policy or seminar relating to a "claim" or "suit" alleging discrimination or other 'Wrongful em- ployment act"; or (7) other equitable remedies, in- cluding as to all of the above, the cost of compliance therewith; provided, however, if such request for non -monetary relief is part of an otherwise covered "claim" or "suit", 'We" will not seek to allocate "defense costs" for the portion of the "claim" or "suit" seeking non -monetary relief; J. Certain 'Insureds" Any "claim" or "suit" brought by any 'Insured". This exclusion, however, shall not apply to a "claim" or "suit" brought by an "employee" of the 'Insured", other than an "employee" who is or was a director of the'Insured"; Any liability arising out of incidents, circumstances or 'Wrongful employment acts", which an 'Insured", prior to the "original inception date" as shown in the Supplemental Declarations of this EPL Coverage Part, had knowledge or which an 'Insured" could have reasonably foreseen might result in a "claim" or "suit"; L. Prior Notice Any liability arising out of the facts alleged, or to the same or "related wrongful employment acts" alleged or contained in any "claim" or "suit" which has been reported, or in any circumstances of which notice has been given, under any policy of which this EPL Coverage Part is a renewal or replacement or which it may succeed in time; M. Securities Holder Any "claim" or "suit" brought by a securities holder of the 'Insured" in their capacity as such, whether di- rectly, derivatively on behalf of the 'Insured", or by class action; Any liability arising out of any actual or alleged act or omission of an 'Insured" serving in any capacity, other than as a director, officer or "employee" of the 'Insured" entity. SECTION Ill. WHO IS AN INSURED A. Individual If 'you" are shown in the Supplemental Declarations of this EPL Coverage Part as an individual, 'you" and "your" spouse are 'Insureds", only for the conduct of a business of which 'you" are the sole owner. • r• r If "you" are shown in the Supplemental Declarations of this EPL Coverage Part as a corporation or or- ganization other than a partnership or joint venture, 'You" and 'your" "subsidiaries" are 'insureds". C. Partnership or Joint Venture If 'you" are shown in the Supplemental Declarations of this EPL Coverage Part as a partnership or joint venture, 'you" are an 'insured". "Your" partners or co -venturers and their spouses are also 'insureds", but only for the conduct of 'your" business. r .. "Your" "employees", executive officers and directors are 'Insureds", only for the conduct of 'your" busi- ness within the scope of their employment or their duties as executive officers or directors. E. Extensions 1. Subject otherwise to the terms hereof, this EPL Coverage Part shall cover 'loss" arising from any "claims" or "suits" made against the estates, heirs, or legal representative of deceased indi- vidual 'Insureds", and the legal representatives of individual 'Insureds", in the event of incompe- tency, who were individual 'Insureds" at the time the 'Wrongful employment acts", upon which such "claims" or "suits" are based, were commit- ted. 2. Subject otherwise to the terms hereof, this EPL Coverage Part shall cover 'toss" arising from all "claims" and "suits" made against the lawful spouse (whether such status is derived by rea- son of statutory law, common law or otherwise of any applicable jurisdiction in the world) of an individual 'Insured", including a "claim" or "suit" that seeks damages recoverable from marital community property, property jointly held by the individual 'Insured" and the spouse, or property transferred from the individual 'Insured" to the spouse; provided, however, that this extension shall not afford coverage for a "claim" or "suit" arising out of any 'Wrongful employment act" of the spouse, but shall apply only to "claims" or "suits" arising out of any 'Wrongful employment acts" of an individual 'Insured", subject to this EPL Coverage Part's terms, conditions and ex- clusions. SECTION IV. LIMIT OF LIABILITY (including 'tiefense costs') A. The Aggregate EPL Limit of Liability shown in the Supplemental Declarations of this EPL Coverage Part and the information contained in this section limits the most 'We" shall pay for all 'loss" arising out of "claims" and "suits" first made against 'Insureds" during the "EPL coverage period" or Extended Re- porting Period (if applicable), regardless of: EPLI AS 10 07 Page 3 of 8 t the number ofpersons urorganizations covered "Your" bankruptcy, insolvency or inability to pay, will by this EPL Coverage Part; or not relieve "us" from the payment of any "claim" or 3' the number of "claims" mode or .suito.. brought; "suit" covered by this EPL Cove/age Part. or Under no circumstances will 'your'`bankruptcy, in- 3. the length ofthe "EPL coverage pe/\nd" solvency, orinability topay require 'bo''tudrop dmwn, in any pluco or assume any of"your B. The Aggregate EPL Limit of Liability is the most 'We, obligations with respect to the Deductible provisions ohd| pay for all 1oaoeo^ covered under this EPL of this EPL Coverage Port. including amounts incurred Coverage Pad"de- fense C. Coverage Territory C. The Aggregate EPL Limit of Liabiktyforthe Extended 'We" cover 'Wrongful employment acts" in the United R*po�ing~�Period shall bepart of, and not inaddition States of Anaricm, its territories and poomaasions, to the Aggregate EPL Limit of Liability for the ' Puerto Rico, ' or Canada, but only if the 'c|ainf' is coverage period" . mode and the "suit" is brought for such 'Wrongful employment act" in the United E8odao of America, its D. /U|"claimy"and ^auitu^arising from the same nr'Ye- territories and possessions, Puerto Rico, orCanada. |absd wrongful employment acts" shall batreated no � arising out of eing|e"wrongfu| employment mct" 0 ' Duties hmthe Event mfonIncident ,Clakn` mr.SuW` E. AJ| 't|�mo" or "suits" arising out of one 'Wrongful ' 1 If, during the "EPL coverage period^ incidents or employment a�''eh� 'c|ainf' "suit" events ucourwhi«h.you"rooaonab|'y believe may date that the first such is mode or is broughtAJ|'\doims"aooe�edina"class a�ionauit.. givariue�ua't|uinf'or'�ui�. '�orwhiuhooverag* willbe rooed ae arising out of a ning|o .Wnnngfu| ^ " may be provided herounder. ouch belief being` based upon �thorwritten notice �omthe poton' emp|oymantm� . Uo| claimant or the pcknnUul claimant's rapvemen- F. Any 'c|oim"ur'suit"which iumade subsequent to the totive;ornotice ofacomplaint filed with EEOC. "EPL coverage period" or Extended Reporting Period DOL or OFCCP (or similar federal, state or |omd applicable)Section \8 Clause agency); or upon m contemporaneously made D(3) and (4) in considered made during the "EPL memorandum of an oral ~t(o{nf', allegation or coverage period" or Extended Reporting Period shall threat. "you" shall give written notice to "us" as also besubject tothe one Aggregate EPL Limit ofLi- soon aopracticable and either: ability stated in the Supplemental Declarations of this e. anytime during the "EPL coverage period" or EPL Coverage Part. the Extended Reporting Period (if applica- ble); or SECTION l[ DEDUCTIBLE b. within thirty (30 days after the and of the "EPL coverage period" or Extended Report - "You" nhoU be responsible for the deductible amount ing Period (if applicable), as long as such shown in the Supplemental Declarations of this EPL "claim" or 'suit" is reported no later than Coverage Part with respect toeach 'c|aim''and 'suit^and thirty (30)days after the date such 'b|mim''ur "you" may not insure against it. A single deductible 'suit^was first made against an 'lnsured" amount shall apply to '1mao"arising from all 'b|oimo''and "suits" alleging the mama 'Wrongful employment act" or 2. Ifa "claim"nf is made or a "suit" is brought against 'ielatodwrongful employment acts". Expenses .We.incur any 'lnuured''.'\mu^must: in inv*stigating, defending and settling "claims" and a. Immediately record the specifics of the 'suhu" are included in the deductible. The deductible is "claim" or 'suiC'and the date received; and not included within the Aggregate EPL Limit ofLiability. h. Provide 'bo''with written notice, aadescribed in subsection 3. belmw, as soon as pradica- SEC-�K�N M. CONDITIONS. b|o 3. Such written notice of "claim" or 'sui\''shall oon' ^Ne''havo no duty to provide coverage under this EPL bain: Coverage Part, unless there has been full compliance m. The identity of the person(s) alleging a with all the Conditions contained in this EPL Coverage 'Wrongful employment act^; Part. & The identity ofthe 'Inoured(e)''who allegedly A^ /���nnmn� involved the incidents events; vw�a nv n e evo o; The interest ofany 'Inaunad''ionot assignable. 'You" u. The date the alleged incidents o,events took cannot assign or transfer "your" interest in this EPL place; and Coverage Part without ^our"written consent attached mL The written notice or contemporaneously 1uthe EPL Coverage Part. prepared memorandum referred toabove. B. Bankruptcy orInsolvency If written notice is given to "us" during the "EPL coverage period" or Extended Reporting Period (if applicable), pursuant to the above require- ments, then any "claim" or "suit" which is subse- quently made against any 'insureds" and re- ported to "us" alleging, arising out of, based upon or attributable to such circumstances or al- leging any "related wrongful employment act" to such circumstances, shall be considered made at the time such notice of such circumstances was first given. 4. If "you" submit written notice of a "claim" or "suit", pursuant to this Clause D, then any "claim" or "suit" that may subsequently be made against an 'Insured" and reported to "us" alleging the same or a 'Yelated wrongful employment act" to the "claim" or "suit" for which such notice has been given shall be deemed, for the purpose of this insurance, to have been first made during the "EPL coverage period" in effect at the time such written notice was first submitted to "us". 5. "You" and any other 'Insured" must a. Immediately send "us" copies of any de- mands, notices, summonses or legal papers received in connection with any "claim" or "suit"; b. Authorize "us" to obtain records and other information; c. Cooperate with "us" in the investigation, set- tlement or defense of the "claim" or "suit"; d. Assist "us", upon "our" request, in the en- forcement of any right against any person or organization which may be liable to the 'In- sured" because of injury or damage to which this insurance may also apply; e. Take no action, or fail to take any required action, that prejudices the rights of the 'in- sureds" or "us" with respect to such "claim" or "suit". 6. No 'Insureds" will, except at their own cost, vol- untarily make a payment, assume any obligation, or incur any expense without "our" prior written consent. E. Transfer of Rights of Recovery Against Others to 'us" "You" may be able to recover all or part of a 'loss" from someone other than "us". "You", therefore, shall do all that is possible after a 'loss" to preserve any such right of recovery. If "we" make a payment under this EPL Coverage Part, that right of recovery shall belong to "us". "You" shall do whatever is necessary, including signing documents, to help "us" obtain that recovery. F. Extended Reporting Period 1. Solely with respect to this EPL Coverage Part and except as indicated below, if "you" shall can- cel or 'We" shall cancel for any reason other than for non-payment of premium, or 'you" or 'eve" shall refuse to renew this EPL Coverage Part, "you" shall have the right, upon payment of an additional premium of 100% of the full annual premium applicable to this EPL Coverage Part, to buy an Extended Reporting Period Endorse- ment, providing an Extended Reporting Period of one (1) year following the effective date of the cancellation or nonrenewal, in which to give "us" written notice of "claims" first made or "suits"first brought against the 'Insureds" during said Ex- tended Reporting Period for any 'wrongful em- ployment acts" which take place after the "origi- nal inception date" and before the end of the "EPL coverage period" and are otherwise cov- ered by this EPL Coverage Part. To obtain an Extended Reporting Period En- dorsement, 'you" must request it in writing and pay the additional premium due, within thirty (30) days of the effective date of cancellation or non - renewal. 2. The Extended Reporting Period Endorsement cannot be canceled by either party, except for nonpayment of premium. The additional premium for the Extended Reporting Period shall be fully earned at the inception of the Extended Report- ing Period and this EPL Coverage Part cannot be cancelled after such additional premium is paid. If 'eve" do not receive the written request as required, "you" may not exercise this right at a later date. 3. This insurance, provided during the Extended Reporting Period, is excess over any other valid and collectible insurance that begins or contin- ues in effect after the Extended Reporting Period Endorsement becomes effective, whether the other insurance applies on a primary, excess, contingent, or any other basis. 4. This Clause F and the rights contained herein shall not apply to any cancellation resulting from non-payment of premium. 5. In the event of a 'Transaction", as defined in Clause G below, the "named insured" shall have the right, within thirty (30) days before the end of the "EPL coverage period", to request an offer from "us" of an Extended Reporting Period (with respect to "wrongful employment acts" which take place after the "original inception date" and prior to the effective time of the 'Transaction"). We shall offer such Extended Reporting Period pursuant to such terms, conditions, and pre- mium as we may reasonably decide. In the event of a 'Transaction", the right to an Extended Re- porting Period shall not otherwise exist except as indicated in this paragraph. EPLI AS 10 07 Page 5 of 8 G. Change in Control of'NamedInsured" Ifduring the "EPL coverage perod": 1. the "named insured" ahe| consolidate with or merge into, or sell all msubstantially all ofits as- sets to any other person orentity or group of persons nrentities acting in concert; or 2. any person orentity orgroup ofpersons orenti- ties acting in concert shall acquire anamount of the outstanding securities representing more than fifty (58%) percent of the voting power for the election of directors or General Partners of the "named insured" (in the event the "named in- sured" is a Parnsxuhip), or acquires the voting rights ofsuch enamount ofsuch securities; ur 3. aGmnara| Partner ofthe "named insured" (in the event the 'hanxad insured" ie a partnership) with- draws, resigns or is terminated; (any of the above events herein referred toanthe Transaction'), then this EPL Coverage Part shall continue in full force and effect as to 'Wrongful employment acts" occurring after the "original inception date" and prior to the effective time of the 'Tronoaction", but there shall be no coverage afforded by any provision of this EPL Coverage Part for any actual or alleged 'Wrongful employment acts" occurring after the effec- tive time of the 'Transaction". This EPL Coverage Part may not be canceled after the effective time uf the 'Trenmuoiion"and the entire premium for this EPL Coverage Part shall be deemed earned as of such time. 'You" shall also have the right to an offer by "us" of an Extended Reporting Period described in Clause Fofthis EPL Coverage Part. "You" shall give "us" written notice of the 'Transac- tion" as soon as practicable, but not later than thirty (30) days after the effective date of the 'Transaction". H. Legal Action AQainst'Us" No person or organization has the right to join "u" as party or otherwise bring "us" into o "suit" asking for damages from an 'Insured". 1. Other Insurance Unless tobeexcess over ap- plicable nsoronco, it is intended that the insurance provided by this EPL Coverage Part shall be primary. J. EPL Coverage Part Changes This EPL Coverage Part contains all the agreements The first "named insured" in the Supplemental Decla- rations of this EPL Coverage Part is authorized to request changes in this EPL Coverage Part. This EPL Coverage Part can only be changed by a written endorsement 'We" issue and make part of this EPL Coverage Part. between "you" and "us" concerning this insurance. Representations Any and all relevant provisions ofthis EPL Coverage Part may bevoidable by"us"inany case of fraud, in- tentional onnoaamen1, or misrepresentation of mate- rial facbyany 'lneurod" L. Special Rights and Duties of the 'Named Insured" "You" that when there is more than one person and/or entity covered under this EPL Coverage Part, the first "named insured" in the Supplemental Decla- rations of this EPL Coverage Part shall act on behalf of all 'Insureds" as to: 1. Giving of notice ofa"clainfor "suit"; 2. Giving and receiving notice of oanod|abnn or nonnonavwa; 3. Payment of premiums and receipt of return pre' miums; 4^ Acceptance ofany endorsements issued to form apart ofthis EPL Coverage Part; or 5. Purchasing or deciding not to purchase the Ex- tended Reporting Period Endorsement. M. Headings The descriptions in the headings of this EPL Cover- age Part are solely for nonvenionne, and form no part nfthe terms and conditions ofcoverage. SECTION Mi. DEFINITIONS A "Bodily i . or disaane, including death resulting therefrom. B. 1Claofmeans awritten demand for money. The term "claim" shall also mean an Equal Employment Oppor- tunity Commission (EEOC), Department of Labor (DOL) or Office of Federal Contract Compliance Program (OFCCP) (or similar federal, state or local agency) proceeding or investigation commenced by the filing of a notice of charges, service of a com- plaint or similar document of which notice has been given to "you". However, in no event, shall the term "claim" include any labor or grievance proceeding, which is subject to a collective bargaining agree- '-- C. "Class Action Suit' means any suit seeking certifica- tion or certified as a class action by a federal or state court. D. "Defense Costs" means reasonable and necessary feeo, costs and expensesoonoonted to by"ua"re- sulting solely from the investigation, adjustmon\, de- fense and appeal of a "claim" or "suit" against '�ou" E. "Employee" means an individual whose labor or ser- vice isengaged byand directed by'\mu''for nemu ne�¢on.wh�horsuch indkjdu�iainasupervisory, o�mmm�u���he�d�a ��C�meA�m anyo�hor�dara. state, local or gn�mhia�|e' -�- co-worker or subordinate position or otherwise, in' b|uvma law". dudUngany part-time, seasonal, and tomporary�n� ployaea"Independent contractors and individuals N. "Subsidiary" means: whooro|eooedtotho1nsurod"arenck1smp|oy*es^ 1. Any for -profit organization which, on or before F. 'Lone(ea)''means damages (including front pay and the inception of the "EPL coverage period", is back pay). ]udgmants, settlements, pre- and post- more than 50% owned by the 'homed insured", judgment interest on that part of any judgment paid either directly or indirectly through one or more by 'bo^, statutory attorney fees, and "defense costs"; of its "subsidiaries"; or include:however, 'loss" shall not (1) civil or criminal 2 A ofdorguniza{ion which becomes a"sub- fines or penalties imposed by law; (z) punitive o/ ex- sidiary^ during the "EPL coverage perod", but omp!ary damages; (3) the multiplied portion of multi- only upon the condition that within 90daym of its plied damages; (4)tsxee; (5) any amountfonwhirh becoming a "subsidiary", the "named insured" the 'Insureds" are not financiallyliable or which are shallhave provided "us"with full particulars of without legal recourse to the 'Insureds"; (8) employ- the new "subsidiary" and agreed to any addi' ment related beneO\s, stock npbons, perquioiiea, do- honal premium or amendment of the provisions ferred compensation or any other type of comp*nsa- of this EPL Coverage Part required by 'bn^ neluk- don other than salary, wages or bonus oomponsa- inQ to such now 'tubsidiary"Further, coverage bon; or matters which may bedeemed uninsur- as shall be afforded to the new 'suboidiery''io able under the law pursuant to which this EPL Cov- conditioned upon the "named inourod" paying erago Part shall be construed. when duo any additional premium required by G. "Named Insured" means the person or organization 'us''relating to such new 'subsidiary" designated in the Supplemental Declarations page of this EPL Coverage Part. � An organization becomes o "subsidiary" when the "named inourad" owns more than fifty(5O%) H. "Original inception date" refers to the date specified percent ownership interest in such 'suboidiary'', in the Supplemental Declarations of this EPL Cover- either direct|y, or indirectly through one or more age Part. of its "subsidiaries". An organization ueoneo to |. ^EpLoo coverage naihe period commane period" nx�� ' be e "subsidiary" when the 'hemod insured" =- ing on the -�-vedate shown inthe Supplemental �� — � oeeoeo �o own more than a fifty percent "subsidiary", Qou|eratiuna of this EPL Coverage Part. This ownership in such or eithardirod|y' 'suboidiap ends onthe earlier nfthe expiration date orthe mffeu indirectly through one or more of its . (ived�oofuenmd|otionofthis EPLCovera Part. |f ieu' . "you''became an'loaurod''under this EPL Coverage In all events, coverage aaiaafforded under this Port after the effective date. the "EPL coverage pe' EPL Coverage Pad with respect to a 't|oim" riod^bogino on the daie '\mu''baoemean 'lnnured^ made or 'buit" brought against any "subsidiary" J. "Property Damage" nano physical '`-y to, or do- or on 'Insured" of"subsidiary",shall only op 'Wrongful otruction of, tangible property including the loss of ply toemployment aci(a)"commenced use of thereof, or |uaa of use of tangible prnperty, or allegedly commenced after the effective time which has not been physically injured ordestroyed. that such 'subaidiary^became a'subaidia,y''.and prior tothe time that such 'submidiary''ceased to K "Recognized volunteer" nvaano an uncompensated bea'subsidiory" individual who volunteers labor or services to "you", but only when performing such |abororaervioeaai O. "Suit" means m civil proceeding or an administrative thorequestofandundarihndire«iinnof�ou' r"^==di"� seeking money damages, ='dincludes an arbitnation, mediation or any other alternative dia- L 'Related Wrongful Employment Aci(o)" means puteresolution procedure seeking such damages, to 'Wrongful employment aoLa" which are the eoma, re' which the 'lnuuned" must submit or may submit with |o\od or continuous, or 'Wrongful employment aoLn" 'bur''consent. "Suit" shall not include any civil pro - which arise from o common nucleus of facts. ceeding or administrativeproceeding arising from ''C(oime" or 'suito" can allege '�related wrongful en+ any labor or grievance dispute which is subject to a ploynent ocJm'', regardless of whether such 't|aims" collective bargaining agreement. or 'suitn''involve the same or different claimants, 'In- ourodo''or|aga|oauaesofaohona � P. �Vhimi|ob|o�er|am/'n�anaaa���a rule | ' ' ~ '~v~~ don, which protects an employee against dinorimina' K8. 'Retaliation" mans a 'Wrongful employment ar(" of hon from his or her employar, if the employee dio' an 'Insurod"allegod to be in response to, the actual closes or threatens to disclose to a superior or any or attempted exercise by an "employee" of any right governmental agency; or who gives testimony re|at' that such "employee" has under the law. Provided, ingtu. any action with respect tothe employer's op - however, 'ieia|iadon" shall not include the 'Wrongful erodona, which may be violation of public policy as employment act" of an 'Insured" o||ogad to be in re' reflected in |ogide8ion, administrative rules, /agu|a' opnnse to the threat of or the actual filing of any tions or decisions, judicial decisions, and profes- sional codes of ethics. Q. Mrongful Employment Act(s)" mans any actual or alleged: 1. wrongful dismissal, discharge or termination (ei- ther actual or constructive), including breach of an implied contract; 2. harassment (including sexual harassment, whether quid pro quo, hostile work environment or otherwise); 3. discrimination (including but not limited to dis- crimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); 4. "retaliation" (including lockouts); 5. employment -related misrepresentation(s) to "your" "employee" or applicant for employment with "you"; 6. employment -related libel, slander, humiliation, mental anguish, infliction of emotional distress, defamation, or invasion of privacy; 7. wrongful failure to employ or promote; 8. wrongful deprivation of career opportunity, wrongful demotion or negligent "employee" evaluation, including the giving of negative or defamatory statements in connection with an "employee" reference; 9. wrongful discipline; 10. failure to grant tenure; 11. failure to provide or enforce adequate or consis- tent corporate policies and procedures relating to any 'Wrongful employment act", 12. negligent supervision or hiring by an 'insured", relating to any of the above; 13. violation of an individual's civil rights relating to any of the above. EPLI AS 10 07 Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily In- jury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defa- mation, harassment, humiliation, discrimina- tion or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment - related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defa- mation, harassment, humiliation, discrimina- tion or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 2147 12 07 © ISO Properties, Inc., 2006 Page 1 of 1 0 ENHANCED GENERAL LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE LIMIT OF INSURANCE GENERAL LIABILITY COVERAGE | (INCLUDES LIMITS PROVIDED arCOVERAGE FORMS LISTED | ABOVE) Damage ToPremises Rented TnYou $1,008,000 Notice ioCompany { Included | Knowledge ofOccurrence Included | Unintentional Errors orOmission } Included Mental Anguish included in the Definition of "Bodily Injury" Included AMENDMENTS TOTHE COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following modifies insurance provided under the Commercial General Liability Coverage Form: AMENDMENTS TOCOMMERCIAL GENERAL LIABILITY COVERAGE FORM - SECTION III -LIMITS OF INSURANCE DAMAGE TO PREMISES RENTED TO YOU The following ieadded aathe last sentence toparagraph 6.inSection III: In addition to the limit shown in the Declarations for Damage to Premises Rented To You, and subject to the terms of that coverage, under the ENHANCED GENERAL LIABILITY COVERAGE ENDORSEMENT we will pay $900,000 "Property Damage" to any one premises while rented to you, or in the cmoa of damage by fire, while rented to you ortemporarily occupied by you with permission of the owner. AMENDMENTS TO COMMERCIAL GENERAL LIABILITY COVERAGE FORM ' SECTION V—DEFINITIONS As respects the coverage provided by the ENHANCED GENERAL LIABILITY COVERAGE ENDORSEMENT, the following amends the Definition of"Bodily !n/uq/: "Bodily injury" means bodily injury, sickness mdisease sustained byaperson, including mental anguish m death resulting from any ofthese skany time. AMENDMENTS TO COMMERCIAL GENERAL LIABILITY COVERAGE FORM ' SECTION K/ — COMMERCIAL GENERAL LIABILITY CONDITIONS As respects the coverage provided by the ENHANCED GENERAL LIABILITY COVERAGE ENDORSEMENT, the following are added to the Commercial General Liability Conditions: NOTICE T000MPANY If a liability claim is made to an insured arising from an ''occurnanoe" that caused "bodily injury" to a person the insured disputes is an employee; and if the insured timely notifies its workers' compensation insurer of the occurrence; and if a workers' compensation board or law court finally determines that the person is not an employee of the insured; then the insured'a delay in reporting the "occurrence" to us will not be deemed late notice of the "occurrence" under paragraph 2.. Duties In The Event Of Occurrence, Offense, Claim or Suit, of SECTION |V- COMMERCIAL GENERAL LIABILITY COND|T|ONS, if the insured nopudo the "occurrence" to us promptly on learning of the final determination. O1/16 Includes copyrighted material ofISO Properties, Inc..with its permission. KNOWLEDGE C3FOCCURRENCE: kiuagreed that knowledge ofan\»counenoe^bythe agent, servant cxemployee ufthe insured shall not in itself constitute knowledge by the insured unless the named insured or any partner or any executive officer of the insureds corporation shall have received such notice from the agent, servant or employee. UNINTENTIONAL ERROR OR OMISSIONS: It is ogn*nd that failure of the insured to dioo|ouo all hazards existing as of the inception date of the policy shall not prejudice the insured with respect to the coverage afforded by this policy provided such failure or any omission ienot intentional. Includes copyrighted material o[ISO Properties, Inc.with its permission. COMMERCIAL GENERAL LIABILITY CG 21 6712 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A- The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section 1 — Coverage A — Bodily In- Exclusions of Section I — Coverage B — Personal jury And Property Damage Liability: And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threat- ened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any 'fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed con- currently or in any sequence to such injury or damage. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, clean- ing up, removing, containing, treating, de- toxifying, neutralizing, remdiating or dis- posing of, or in any way responding to, or assessing the effects of, 'fungi" or bacteria, by any insured or by any other person or entity. This exclusion does not apply to any 'fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consump- tion. 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Personal and advertising injury" which would not have taken place, in whole or in part, but for the actual, alleged or threat- ened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any 'fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed con- currently or in any sequence to such injury. b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxify- ing, neutralizing, remdiating or disposing of, or in any way responding to, or assess- ing the effects of, 'fungi" or bacteria, by any insured or by any other person or entity. C. The following definition is added to the Definitions Section: "Fungi" mans any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. CG 21 6712 04 © ISO Properties, Inc., 2003 Page 1 of 1 0 WIN This endorsement modifies such insurance as is afforded by the provisions of the policy related to the following: It is understood and agreed that such insurance as is afforded by this policy is subject to the following additional exclusion: A. This policy does not apply: 1. to "bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard"; or 2. hoany loss, cost orexpense arising out ofany governmental direction or request that the Named Insured test for, monitor, clean up, remove, treat or neutralize "asbestos". 1. Asbestos hazard means: a. an actual exposure or threat of exposure to the harmful properties of "asbestos"; or b. the presence of "asbestos" in any place, whether or not within a building or structure. 2. Asbestos means the mineral in any form, including but not limited to fibers or dust. COMMERCIAL GENERAL LIABILITY CG21700115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rats allocation in accordance with procedures established by the Secretary of the Treasury. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 2170 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 8705 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 0FCAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section | Coverage A — B. The following is added to Paragraph 2. Bodily Injury And Property Damage Liability is Exclusions of Section I — Coverage B — replaced bythe following: Personal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: p. Access OrDisclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any acuoea to or disclosure of any pemon^oororganizehnntconfidential or personal informahon, including pohenta, trade aunnehs, processing methods, customer |imte, financial informahun, credit oepd infonnoUon, health information or any other type of nonpublic information; or (2)The loss of, loss ofuse of, damage to, corruption of, inability to access, or inability 0umanipulate electronic data. This exclusion applies even ifdamages are claimed for notification oouha, credit monitoring expenoeo, forensic expenyeo, public relations expenses orany other loss, cost orexpense incurred by you or others arising out of that which is described in Paragraph (1)or(2)above. As used in this exo|usion, electronic data means inh/rmadon, facto or programs stored as or on, ovau0ad or used on, or transmitted to or from computer eoftwana, including systems and applications oo0woro, hard orfloppy disks, CD-ROK4o, tapas, dhveo, oeUo, data pru0000inQ devices orany other media which are used with electronically controlled equipment. This insurance does not apply to: Access OrDisclosure 0f Confidential Or Personal Information "Personal and advertising injury" arising out of any access toordisclosure ofany pemon'nor urganzabun'n oonfidonhul or personal informa8nn, including potento, imda aeoreba, processingmethods, customer Uotn, financial infonnadon, credit card infonnohon, health information or any other 0/pa of nonpublic information. This exclusion applies even if damages are claimed for notification 000io, credit monitoring expensoo, forensic expenoen, public na|ohono expenses orany other |osn, cost orexpense incurred by you or others arising out of any ouoean to or disclosure of any peroon's or organizaiinn'a confidential or personal 2G 21 07 05 14 @ Insurance Services Office, |wc.'2013 Page 1of1 POLICY NUMBER: 8I2OM97723 COMMERCIAL GENERAL LIABILITY CG2SO4O609 THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 0[CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Deei0natedLwomdon(s): ASSHOWN ONDESIGNATION OFPREMISES SCHEDULE Information required 0ocomplete this Schedule, ifnot shown above, will beshown inthe Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to operations at a single designated "location" shown in the Schedule 1. A separate Designated Location General Aggregate Limit applies to each designated ^locohon^, and that limit is equal to the amount of the General Aggregate Limit shown inthe Declarations. 2. The Designated Location General Aggregate Limit iathe most wawill pay for the sum ofall damages under Coverage A., except damages because of "bodily injury" or "property damage" included in the "products - completed operations hozand^, and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suhs"brought; m c Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Den|omhona nor eho|| they reduce any other Designated Location General Aggregate Limit for any other designated "location" shown in the Schedule above. 4. The UmKn shown in the Declarations for Each Occurrence, Damage ToPremises Rented To You and K4adioa| Expense continue 0oapply. Hmwovar, instead of being subject to the Qonaro| Aggregate Limit shown in the DodansUono. such limits will be subject tothe applicable Designated Location General Aggregate Limit. CG 26 04 05 09 (Dinsurance Services Office, |nc.2008 Page 1of2 0 B. For all sums which the insured becomes legally obligated to pay as damages caused by 11 occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to operations at a single designated "location" shown in the Schedule t Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Prod ucts-completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Designated Location General Aggregate C.Nhen coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement, the Definitions Section is amended bythe addition ofthe following definition: "LooaUnn^means premises involving the same nr connecting lots, or premiseswhose connection io interrupted only by a streot, roadxvay, waterway orright-of-wayofarailroad. E. The provisions of Section W! — Limits Of Insurance not otherwise modified by this endorsement aheU continue to apply as Page 2of2 @ Insurance Services Office, /nc.2008 CG 25 04 05 09 0 COMMERCIAL GENERAL LIABILITY CG 21 09 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.g. Aircraft, Auto Or Watercraft under Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: g. Aircraft, Auto Or Watercraft (1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This Paragraph g.(1) 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" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". (2) Aircraft (Other Than Unmanned Aircraft), Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This Paragraph g.(2) 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" involved the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.(2) does not apply to: (a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is: (I) Less than 26 feet long; and (ii) Not being used to carry persons or property for a charge; (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or CG 21 09 06 15 © Insurance Services Office, Inc., 2014 Page 1 of 2 (e) "Bodily injury" or "property damage" arising out o� (i) The operation of machinery or equipment that is attached to, or part of, o land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility !uvv or other motor vehicle insurance law where itielicensed orprincipally garaged; or (i}) The operation of any of the machinery equipment listed in Paragraph f.(3) or t(3) of the definition uf"mobile equipment" B. The following exclusion is added to Paragraph 2. Exclusions of Coverage IS — Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Unmanned Aircraft "Personal and advertising injury" arising out of the ownership, moinbananoe, use or entrustment to others ofany aircraft that is on "unmanned oimnaft^ Use includes operation and "loading orun\oading^ This exclusion applies even if the dahna against any insured allege negligence wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the offense which caused the "personal and advertising injury" involved the ownership, maintenance, use orentrustment 1n others of any aircraft that is an "unmanned This exclusion does not apply Vn o. The use of anoUho/o advertising idea in your "adverheemont";cv b. Infringing upon another's copyright, trade dress urslogan |nyour ^advediaement". C. The following definition ieadded tnthe Definitions section: "Unmanned aircraft" means anaircraft that ionot: t Designed; 2. Manufactured; or 3. Modified after manufacture; hobmcontrolled directly byoperson from within or onthe aircraft. Page 2of 2 @ Insurance Services Office, kc..2014 CG 21 098615 . •LICY NUMBER: 812OM97723 COMMERCIAL +7 - ENDORSEMENTTHIS CHANGES THE POLICY. • + + IT CAREFULLY. EXCLUSION - DESIGNATED OPERATIONS COVERED B A CONTROLLED (WRAP-UP) INSURANCE PROGRAM I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location(s) Of Operation(s): AS SHOWN ON DESIGNATION OF PREMISES SCHEDULE (GNY 002) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability: This insurance does not apply to "bodily injury" or "property damage".- 1. Arising out of your ongoing operations; or 2. Included in the "products -completed operations hazard"; at the location(s) described in the Schedule of this endorsement, but only if you are enrolled in a "controlled (wrap-up) insurance program" with respect to the "bodily injury" or "property damage" described in Paragraphs A.I. and A.2. above at such location(s). This exclusion applies whether or not the "controlled (wrap-up) insurance program": a. Provides coverage identical to that provided by this Coverage Part; b. Has limits adequate to cover all claims; or c. Remains in effect. B. The following definition is added to the Definitions section: "Controlled (wrap-up) insurance program" means a centralized insurance program under which one party has secured either insurance or self- insurance covering some or all of the contractors or subcontractors performing work on one or more specific project(s). CG 21 54 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ■i 812OM97723 COMMERCIAL rr 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST (WAIVER OF SUBROGATION)l This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS Name Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 40 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AN K01 , qk07 9 14 k W4 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverages — Coverage A — Bodily Injury And Property Damage Liability: This insurance does not apply to: Cross Suits Any claim made or "suit" brought by any Named Insured under this Policy against another Named Insured under this Policy for damages because of "bodily injury" or "property damage". B. The following is added to Paragraph 2. Exclusions of Section I — Coverages — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to: Cross Suits Any claim made or "suit" brought by any Named Insured under this Policy against another Named Insured under this Policy for damages because of "personal and advertising injury". CG 40 10 12 19 @ Insurance Services Office, Inc., 2018 Page 1 of 1 IL P 001 01 04 01 :12TAI ` • 0:4 Eel �" • i • i i No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site — http/ /www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 O ISO Properties, Inc., 2004 Page 1 of 1 IN WITNESS WHEREOF, we have caused this policy to be executed and attested and if required by state law, this policy shall not be valid unless countersigned by an authorized representative. M Elizabeth Heck President and Chief Executive Officer M Thomas D. Hughes Corporate Secretary Corporate Headquarters New York City GNY Insurance Companies 200 Madison Avenue New York, NY 10016 (212) 683-9700 Website: www.gny.com Email: information@gny.com After Hours Emergency Claim Phone Number: (855) 276-1271 MUW= SIC PJ 09 21 Regional Offices Maine, Massachusetts, New Hampshire and Rhode Island GNY Insurance Companies 400 Crown Colony Drive, Suite 604 Quincy, MA 02169 (617) 847-5200 Connecticut and Upstate New York GNY Insurance Companies 100 Great Meadow Road, Suite 301 Wethersfield, CT 06109 (860) 652-7090 New Jersey and Pennsylvania GNY Insurance Companies 333 Thornall Street Edison, NJ 08837 (732) 238-6300 District of Columbia, Maryland and Virginia GNY Insurance Companies 230 Schilling Circle, Suite 374 Hunt Valley, MD 21031 (410) 785-7172 Illinois, Indiana, Michigan, Ohio and Wisconsin GNY Insurance Companies 200 Madison Avenue New York, NY 10016 (800) 522-5504 _ -,-ex m O WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Agent copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule_ The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice: 2. Notice will be mailed to: Schedule 30 PER LIST ON FILE 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 2/1/23 at 12:01 a.m. standard time, forms a part of: Policy no. 0002073049 of Texas Mutual Insurance Company effective on 2/1/23 Issued to: THE FAIN GROUP INC This is not a bill NCCI Carrier Code: 29939 Authorized representative 1/31/23 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 06 01 FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: E 4th St/E 1 st St On -Street Bicvcle Imarovements M&C: 23-0945 Date: 12/05/23 To: Name CPN: 102601 CSO: 60593 1. Donnette Murphy 2. Patricia Wadsack 3. Lauren Prieur 4. Priscilla Ramirez 5. Doug Black 6. William Johnson 7 Ronald Gonzales 8 Jannette Goodall 9 Allison Tidwell 10. TPW Contracts Department Initials Risk -Approver M DM TPW-Approver .W TPW-Signer Legal -Approver P� Legal -Signer ACM -Signer CSCO-Approver CSCO-Signer CSCO-Form Filler - TPW DOC#: Date Out 12/05/23 12/11 /23 12/11 /23 12/11 /23 12/11 /23 12/12/23 12/12/23 12/12/23 12/12/23 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: DYES ®No RUSH:DYES ®No SAME DAY: DYES ❑No NEXT DAY: DYES ❑No ROUTING TO CSO: ®YES ❑No Action Re uired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to General Conditions & Specs ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts@fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: E 4th Str/E 1 st Str On -Street Bicvde Improvements M&C: CPN: 102601 CSO: DOC#: Date: 10/26/23 To: Name Department Initials Date Out 1. Larry Frazier, Fain Group Vendor -Signer l22- 11 /08/23 2. Proj Mgr: Iskal Shrestha TPW-Signer I 11 /08/23 3. Michelle Hadley -McGhee TPW-Review 12/05/23 4. 5. 6. 7 8 9 10. CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: DYES ®No RUSH: DYES ®No SAME DAY: DYES ❑No NEXT DAY: DYES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts a,fortworthtexas.2ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! Bond Verification From: Jessica Almaauer To: Hadlev-McGhee. Michelle Subject: RE: SEPARATE - BOND VERIFICATION REQUEST [CPN #102601 - (E4 Str/El Str, On -Street Bicycle Improvements Bond # 355374F - Fain Date: Tuesday, December 5, 2023 8:51:12 AM Attachments: imaae001.onq CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Yes, that is correct. Please let me know if you need anything else. Thank you! Jessica Almaguer I Sr Client Service Specialist, Commercial Risk Direct: 972-805-4661 1 Jessica.Almaguer@kandsins.com K&S Insurance, a Baldwin Risk Partner From: Hadley -McGhee, Michelle <Michelle.Hadley-McGhee@fortworthtexas.gov> Sent: Tuesday, December 5, 2023 8:41 AM To: Jessica Almaguer <Jessica.Almaguer@kandsins.com> Subject: RE: SEPARATE - BOND VERIFICATION REQUEST [CPN #102601 - (E4 Str/El Str, On -Street Bicycle Improvements Bond # 355374F - Fain CAUTION: External Message. Beware any links or attachments 12/05/2023 Good morning Jessica. After further review of your response, I want to be sure that we're clear and have the same understanding for the Surety Bonds. The Surety Bonds issued as #355374F from The Fain Group, for this project CPN # 102601 (E4 Str/E1 Str, On -Street Bicycle Improvements), in the amount of $2.916.021.70 (Two Million Nine Hundred Sixteen Thousand Twenty One Dollars and 70/100), are valid. Do we have this correct? Please advise, thank you. -flpprQeidtivQ & hooking forward, MiehObz E)H14e(5hQQ Contract Compliance Specialist T P W City of Fort Worth 200 Texas St. * Ft Worth, TX 76102 817-392-7233 Michelle. Hadlev-McGhee@fortworthtexas.aov From: Hadley -McGhee, Michelle Sent: Friday, December 1, 2023 4:25 PM To: Jessica Almaguer<Jessica.Almaguer(@kandsins.com> Subject: RE: SEPARATE - BOND VERIFICATION REQUEST [CPN #102601- (E4 Str/El Str, On -Street Bicycle Improvements Bond # 355374F - Fain 12/01/2023 Thanks Jessica. 29ppr(teiativc & Looking forward, MiehO10 DH14eGh'0'0 Contract Compliance Specialist T P W City of Fort Worth 200 Texas St. * Ft Worth, TX 76102 817-392-7233 Michelle. Had lev-McGhee@fortworthtexas.aov From: Jessica Almaguer<Jessica.Almaguer(@kandsins.com> Sent: Friday, December 1, 2023 3:11 PM To: Hadley -McGhee, Michelle <Michelle. Had lev-McGhee(@fortworthtexas.eov> Subject: RE: SEPARATE - BOND VERIFICATION REQUEST [CPN #102601 - (E4 Str/El Str, On -Street Bicycle Improvements Bond # 355374F - Fain Importance: High CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. My apologies for the delay! We issued a bid bond in the amount of $1,500,000.00 dated 6/9/2023 for our client The Fain Group, Inc., project name E. 4th St./E. 1st St. On -Street Bicycle Improvements. Client was awarded the Job, performance and payment bond was issued (bond # 355374F) in the amount of $2.916.021.70. (Two Million Nine Hundred Sixteen Thousand Twenty One Dollars and 70/100) for the project E. 4th Street./E. 1 st Street On -Street Bicycle Imorovements CPN 102601 . This amount is correct and bond number is in place. Please let me know if you have any questions. Thank you! Jessica Almaguer I Sr Client Service Specialist, Commercial Risk Direct: 972-805-4661 1 Jessica.AlmaguerCo�kandsins.com K&S Insurance, a Baldwin Risk Partner From: Hadley -McGhee, Michelle <Michelle. Had lev-McG hee(@fortworthtexas.Lyov> Sent: Friday, December 1, 2023 2:47 PM To: Jessica Almaguer <Jessica.Almaeuer(@kandsins.com> Subject: SEPARATE - BOND VERIFICATION REQUEST [CPN #102601 - (E4 Str/El Str, On -Street Bicycle Improvements)] CAUTION: External Message. Beware any links or attachments 12/01/2023 Good afternoon Jessica. Are you able to provide verification for these sets of Surety Bonds also (see my email below)? If not, will you direct me to the person or area that will? Please advise, and thank you in advance. 29pprfzeiativfz & Looking forward, MichQ11,z E)HMe6hoo Contract Compliance Specialist T P W City of Fort Worth 200 Texas St. * Ft Worth, TX 76102 817-392-7233 Michelle. Had lev-McGhee@fortworthtexas.aov From: Hadley -McGhee, Michelle Sent: Wednesday, November 29, 2023 2:43 PM To: Jessica.Almaguer(@kandsins.com Subject: PLEASE REPLY - BOND VERIFICATION REQUEST [CPN #102601 - (E4 Str/El Str, On -Street Bicycle Improvements)] 11/28/2023 Good afternoon. The City of Fort Worth is in receipt of the following referenced bond(s) — BOND #355374F, in the amount of $1,500,000.00 (One Million Five Hundred Thousand and 00/100 Dollars), from the Fain Group, Inc. for City Project #102601 - (E4 Str/El Str, On -Street Bicycle Improvements). Please provide confirmation that both the bond(s) and dollar amount(s) are valid. Your prompt attention to this matter is greatly appreciated! If there are additional questions or concerns, please do not hesitate to contact me at, michelle. had lev-mcahee(afortworthtexas.aov, or by phone, 817-392-7233. Should this request have reached you in error, or needs to be directed elsewhere, please be so kind to provide the name of the contact, with both an email address & phone number of the person or department being referenced. It is appreciated. "4001'ruzg fotwatd & 00�0i0teciat&e, eic%e!!e OgadleyjOc j?Aee Contract Compliance Specialist City of Fort Worth Transportation & Public Works (TPW) 200 Texas Street, Fort Worth, TX 76102 Direct: 817-392-7233 Michelle.Hadlev-McGhee(dfortworthtexas.aov City of Fort Worth — Working together to build a strong community. FURT WORTH