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Home My WebLink AboutContract 61689-PM1CSC No. 61689-PM1 qRT WORT PROJECT MANUAL FOR THE CONSTRUCTION OF NOR THSTAR OFFSITE SEWER IPRC Record No. IPRC22-0250 City Project No.104385 FID No. 30114-0200431-104385 EO7685 File No. N/A X File No. 27661 Mattie Parker Mayor Christopher P. Harder, P.E. Director, Water Department David Cooke City Manager Northstar Ranch Municipal Utility Districts No. 1 The City of Fort Worth 2024 Burgess & Niple 3950 Fossil Creek Blvd. Ste #210 Fort Worth, TX 76137 (817) 306-1444 TBPELS Firm Registration # F-10834 O F TE - �G�P � '•j JEFFREY OWINGS, 9 �141945 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 0011 13 Invitation to Bidders 03/20/2020 0021 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 0043 13 Bid Bond 04/02/2014 0045 11 Bidders Prequalification's 04/02/2014 0045 12 nno0 Prequalification Statement e,. fiea4ie A 09/01/2015 in n 4 5 13 00 45 26 Bid Pfe,,t+a1 pplieatien Contractor Compliance with Workers' Compensation Law 03 04/02/2014 nQi 00 4540 00 52 43 Minerity Business Enterprise Goal Agreement a 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 0073 10 Standard City Conditions of the Construction Contract for Developer 01/10/2013 Awarded Projects Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 � 013120 PYO_�Ot Meetings mini /20i i �n 01 32 16 Construction Progress Schedule 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 0158 13 Temporary Project Signage 04/07/2014 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 0177 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH NORTHSTAR OFFS= SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 104385 Revised March 20, 2020 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE CITY OF FORT WORTH NORTHSTAR OFFS= SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 104385 Revised March 20, 2020 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htti)s:Hai)vs.fortworthtexas.2ov/ProiectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Seleetive Site Demolition 034 b/202-2 02 41 14 Utility Remeval4k-ba-ndenme QQ01,20i-2 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 033000 Gast In Plaou Goner-ete 0341/2 03 34 13 Controlled Low Str-eagth Mmer-ial (CLSM) 12�20/2012 03 34 16 Conerets UoNl Ma4er-ia4 for- T-r-ench Repai Q,1201120Q 03 8000 Modifieations to Existing Goner-ete Stfuettir-es 12,90QO�2 Division 26 - Electrical 260500 Common Alor-k Results far- Eleetfieal 034 1,120 2605 10 Demolition for Eleetfieal Systems 12420,1201-2 260533 Raeeways and BEwes for- al F/;4em-s 12420,12012 260543 Under-gr-eua &2/a �. Raaeways4or Vzjcs*oW. Ff;4effts 07M,120i i 260550 CGrrfmurtiMions Multi Duet Conduit 02,96/2 Division 31 - Earthwork 310000 Site Clearing 03/22/2021 3123 16 U-nelassified E*ea-vatieff OW8,12W3 31 2323 Beffe OIQW2013 3124 00 EWbfff1kffief4-S 01429/2013 312500 Erosion and Sediment Control 04/29/2021 313600 Gabiens 12Q0,Q012 3i 37 00 RipFap 12Q0,Q012 Division 32 - Exterior Improvements 3201 17 1-1,.v .. F, llep=-- 12/20/2012 3201 18 -T-cm-por Asipha4 P"ittg Repair 12/20/2012 320129 Goner-ete Paving Repai QQOA2012 32 1123 Flexible -Base Coufses 12�20/201 1 32 1129 L-.nw Tr--&ted4Kv,—Geufses 12�20/2012 32 11 33 Gemont Tivatted Base Gouf 0640A2022 32 11 37 Liquid T-feated Soil Stab 08Q !A201-5 32 12 16 Asphalt PaA,iPg- 12/20/2012 32 1273 Asphalt P"iftg-Ckaz& Ovalaffts 12/20/2012 32 13 13 Gonefete P * 06/10/2022 32 1320 Gonefete Sidewa&s, Driveways and Baffier- Fr-ec Ran,,V3 !X09A2022 32 1373 Goner-ete Paving joint Sealants !XNA201-2 32 14 16 Bf kok- Unit 12QO/2012 32 16 13 Gonefete C=ufb a -ad Gtiftefs and Valley Gt#ter-s 12/09/2022 32 1723 Pavement MaFkings 06/10/202" CITY OF FORT WORTH NORTHSTAR OFFS= SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 104385 Revised March 20, 2020 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 Z7�5 �+7,��C",�d'�00 11 04 2013 Livntisg �n 323126 Wire Ee ees and Gates 1 2 i�012 32 P. 29 Wood Fences and Gates 11 i 2 3291 19 TI PlY.t ay.d rIYLi.hIY.g o Raad•9v4y r iglit 0 f- W ays 03/11/2022 3292 13 05/13/2021 27� Are.. Nat;i,e Seeding ncn�2 3293-43 Tree-3 and Vhwbs 1'4��2 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 09/07/2018 33 01 31 Closed Circuit Television (CCTV) Inspection — Sanitary Sewer 03/11/2022 330132 Closed Gir-euit Telex (CCTV) laspeetion SS c-S4 Drain 03 �,�z 33 03-10 Z2�0 2 2� Byrtir, DIaNF/ng •,f'Existing Sewer- Syste Teif 4 Beading and Eleetr-ie 1 lseWies. Cef !' t Test Stations 1220,9012 12/20/2012 1 7 /reQO/20Q 22�= 22�0 fesio o of AiT.,g esitff, Anode Cathodic D,-eteetio,,. Systeffl Gle.,n;ng and A eeept.,nee Testing ..f Water- Mains 17/7 z 02103 33 04 50 3305 10 3305 3305 13 Ct e ring of Pipes Utility Trench Excavation, Embedment, and Backfill E,..,me Cove,- and Grade n;r,.s inlets, Valve Other- Straetufes to 03 n�i 04/02/2021 1 71 /7zz�90,12012 nnin i 33 05 1 n --v�--rT 11 (116 3305 17 2�0Auger-1 > > a -ad GM^de CCtec„tGte�,-eteWater- Vaults Concrete Collars 0311 1 i2m2 �r vzz 179z 03/11/2022 71 3 3�-A�� T T unr�a.1 .�xre 20/2012 17/7z 33 05 22 Steel Casing Pipe 12/20/2012 171 /7z 33 05 23 22�4 22�o 22�0 Hand Ttmaeliag of C.,f f e,- Pipe i Gasi g o,- Tunnel Liner- e.- Plate U44i <, T afke,-s/T ee.,tef- T Existi.... �rz0/2012 1 2/n z 12QO,Q 33 11 05 T✓-rr-v� 33 11 10 eeatieft of U44i-;ems Belts 1T„ s .,,�,d Gaskets , , Ductile Iron Pipe 12QO,QOz !2Q0,�n14 rrr=-vrrvzz 12/09/2022 33 11 11 Ductile Iron Fittings 09/20/2017 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 09/09/2022 33 ...2 CaEieteDreSSufePipe, v£f'3ALF edrSteel Cylinder- 12QO,Qn12 33 1 1 11 22�no T2uf ed Steel -Pipe and F- 4t;n..s Ax7.,te,- Sefy ees 1 ineh to 2 i eh 12/20/2012 02/1�T 33 1220 Resilient Seated Gate Valve AxWA A7 05/06/2015 33 1221 33 1225 Rubbef: Seated BtAte,zy Cofmeetionrto E7160 ing 1V'4eFAUi*S 0423,Q019 mine 33 1230 22�no Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 n1 in 3�- 1250 �EI;�r� y`wi k-' EXWi J!1O Stab iS 4 1'f �'fr�r20,Q012 CITY OF FORT WORTH NORTHSTAR OFFS= SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN 104385 Revised March 20, 2020 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 22�o ....,L7 St.,,�.1.,r Blow off Valve �5007''amNly 06/1 3 22 211 ,? Ctir-e a i Ulaee Pipe (CIPP) 12�7�2012 P- P. 12 Dei fef:ee,] Pipe for- Gravity Samna,, Sewers Fiber 12QO/2012 -glass P- P. 15 High r,e„sit-y Polyethylene (14PPE) Pipe for Samna,. Sewer nn i2�9 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 09/09/2022 Polyvinyl Chloride (PVC) Closed Profile C_-ayity C'a-nitai-y Sewer Npe ?-P 22 SanitarySe c V.ip 1/in;ng ,01-2 P- P. 22 Sanitary Se ,- Npo F/ti1QIgame 1242rrr20,120 2 22�o Saaitai=y Sewef Service Cenne,--&\-z-and een4ee Line e 0493 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 3 3 39- IQ Cact in Naze Concrete >,,rat+h .1 es QQ0,12W2 I 33 39 20 22�o Precast Concrete Manholes Fiber -glass TiT.,,-holes 12/20/2012 12/2�02 22�0 33 39 60 Wastewater- n eeess Chamber- (Ia(n C) Liners for Sanitary Sewer Structures n ei fe -eea Cone -ete c,-,,..m , 2 �2zz 2042012 04/29/2021 33 410 P- � 1 11 Sewer- PipeiC„lyefts High Density Polyethylene (14PPE) Pipe f;,,- c�xvr, Dmin Win�1 129z 22�2 Rein f ,-ee.7 Polyethylene ( RPE) P*a l 1 , 1 11 5 22 3ypr-epQno 22�o Pi for- c„>� 0611 ni2m2 1 �, 22 4601 Slotted Sto:m Jmins 070 ,12n11n 33 4602 Tr-en--1 Dmirx) 0710z I 22�-490 CaM,4,4 Plose Manholes aa unet; n Boxes 129z 22�0 Gtffb and DPGxr, 11-al.c4S n2n�i 22�no Storm 14e.,,1.. ally .-ada-ad rxr,,,.....,ll 070 12n1 1 Division 34 2 A ^en1 - Transportation Attaehmen4 A Coatr-eller- Gabine n /'�� }..,�ll Spe��; 124 rW2015 021120Q 24 41 10.02 24 41 10.03 ntt&C�?iix�� L'Va[2Va�:r�7ctYiicuti8n n cre rrtt&Ellrii��-C�64ii@vpv-EifzciztiAa Tempe,-., -y T -.,ff e Signals Removing, Tra.� ff' Signals 01/201-2 1 11 1 /2 3 � 034 ,,i2022 �nv2 � 34 4 1 11 34 41 3 2/l�0 1 A&&effyb;es ��' Zlu�r�t� QQ0�2n,2� , 2 n n�oz l L13,D Raadwr 064 5,Qn, c 24 412002 . >~ -ee., ay r Ell ne.,dw ., r �1.x.'Si�l'i�'�P 06/1�� 2 n n�o3 t r r it l�esi�lonaral �� P.�r�.�arn��Ies n6/15/2015 own 34 41 30 2n�o �'111,��inum Cable 1142,L2013fi�i}s n 3471 13 Single Made Fibef Optie Traffic Control 02i2 6 03/22/2021 CITY OF FORT WORTH NORTHSTAR OFFS= SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN 104385 Revised March 20, 2020 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 6 Nonstandard Bid Item List Division 99 - General Requirements Last Revised 99 99 01 Wager USA 2050-100 IP manual (Odor Control) 12/20/2012 99 99 02 Wager USA 2050 200 IP manual (Odor Control) 07/01/2011 99 99 03 Wager USA 3000 Manhole Scrubber (Odor Control) 08/17/2012 Appendix CG4.01 Awilab lib, GC4-02 Eubsuff ee and Physieal Conditions FiE-4.✓I TUndcgFoum GG 4.0-E IIa--ardeos 1✓f. if:em+ efAa Geed fie . 4 Site A65,TD minor-ity andWomen Owned Business ED e f. f:ise C,,.-..,plianee n G6.07 7 `ll 1�� c .7l t`m G GC-6.21 mltia* GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH NORTHSTAR OFFS= SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 104385 Revised March 20, 2020 0011 13 INVITATION TO BIDDERS Page 1 of 2 �1 D[yl I [130[Qlf f f R3 INVITATION TO BIDDERS DEVELOPER AWARDED CONTRACTS FOR PUBLICLY BID PROJECTS ONLY RECEIPT OF BIDS Sealed bids for the construction of NORTHSTAR OFFSITE SEWER LINE (CPN 104385) will be received by the NORTHSTAR RANCH M.U.D. No. 1: WELCH ENGINEERING, INC 1308 Norwood Drive, Suite 200 Bedford, Texas 76022 Bids will be accepted until 9:45 am, CT, Wednesday, August 30, 2023 and bids will be publicly read aloud at 10:00 am, CT, Wednesday, August 30, 2023. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: The project is NORTHSTAR OFFSITE SEWER LINE, general summary of Project below: The project consists of installing 10,865 LF of 12" sewer PVC force main and 2,760 LF of 21" gravity PVC pipe by open cut. There will be approximately 957 LF of ductile iron 12" force main pipe installed `By Other Than Open Cut". There are two gas access road crossings and access to the gas pad sites must remain at all times. The gravity sewer main will have five 4-foot diameter manholes lined with epoxy liner. The force main to gravity transition manhole shall be reinforced and lined as shown per the detail on construction plans. Asphalt pavement replacement will be required for 6,773 LF. Topsoil and block sod replacement will be required for 7,180 LF. Odor control units are required for this project. The Construction plans are approved by the city of Fort Worth, and prior to signing the Contractual Documents, final Engineer's Bid Quantities and specifications will be provided to the selected Contractor. PREQUALIFICATION The improvements included in this project must be performed by a contractor 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 00 2113 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS Copies of the Bidding and Contract Documents may be acquired by at: twelch(a,welcheng c� A drop box will be emailed back to you. Contact Timothy Welch, P.E. at 817-253-3682, if you have questions. CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised March 20, 2020 0011 13 INVITATION TO BIDDERS Page 2 of 2 Each bid must be accompanied by a certified or cashier's check, from a responsible bank in the State of Texas, or a bid bond, issued by a surety legally authorized to do business in the State of Texas, equal to 5% of the total bid amount. Make the cashier's check, certified check or bid bond payable to 170 NORTHSTAR RANCH DEVELOPER, INC. MUNICIPAL UTILITY DISTRICT, (M.U.D.). PREBID CONFERENCE A prebid conference will not be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: N/A TIME: N/A PLACE: N/A LOCATION: N/A DEVELOPER/CITY'S RIGHT TO ACCEPT OR REJECT BIDS Developer and City reserves the right to waive irregularities and to accept or reject bids. Required forms to be submitted for Bid Opening- Section 00 41 00; Section 00 42 43, Section 00 43 13 and Section 00 45 12 with 5% Bid Bond. FUNDING Any Contracts awarded under this INVITATION TO BIDDERS will be funded from revenues generated from the Developers Completion or Escrow Fund and dedicated by the Developer's Financial Institution for the Work under this INVITATION TO BIDDERS. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Timothy J. Welch, WELCH ENGINEERING, INC. Email: twelch(a,welchen2.com Phone: (817) 253-3682 AND/OR Attn: Ram Tiwari, P.E., Senior Professional Engineer, CITY OF FORT WORTH Email: ram.tiwari@fortworthtexas.gov Phone: (817) 392-2237 ADVERTISEMENT DATES Friday, August 18, 2023 Friday, August 25, 2023 END OF SECTION CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised March 20, 2020 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. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre -qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: httDs://aDDs.fortworthtexas. aov/Proi ectResources/ 3.1.1. Paving — Requirements document located at: CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 httDs: //aDDS. fortworthtexas. aov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPre(ivalification/TPW%2OPavina %20Contractor%2OPrecivalification%2OProaram/PREOUALIFICATION%20REO UIREMENTS%20FOR%20PAVING%2000NTRACTORS.Ddf 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: httDs: //abbs. fortworthtexas. aov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrecivalification/TPW%2ORoadwa v%20and%2OPedestrian%2OLiahtina%2OPrequalification%2OProaram/STREET% 20LIGHT%20PRE0UAL%20RE0MNTS.pdf 3.1.3. Water and Sanitary Sewer — Requirements document located at: httDs://aDDs.fortworthtexas. aov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrecivalification/Water%2Oand%2 OSanitarv%2OSewer%2OContractor%2OPrecivalification%2OProa_ ram/WSS%20_nre qual%20requirements. pdf 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2. 1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised/Updated November 2, 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. 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." 4.1.5. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.6. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.7. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.8. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 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: Welch Engineering 1308 Norwood Drive, Suite 200 Bedford, TX 76022 Attn: Timothy J. Welch, WELCH ENGINEERING, INC. Email: twelch@welcheng.com Phone: 817-253-3682 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. Addenda or clarifications may be posted via the City's electronic document management and collaboration system at httr)s://docs.b360.autodesk.com/shares/a268ec49-2f6c-4916-95dl- 78708d304128 CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 6.3. 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.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: httDs://codelibrarv.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; 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 NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised/Updated November 2, 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 NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised/Updated November 2, 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. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httns://www.ethics.state.tx.us/data/forms/1295/1295.i)df 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised/Updated November 2, 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 NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJ. NUM. 104385 Revised/Updated November 2, 2021 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: 170 NORTHSTAR RANCH DEVELOPERS, INC. 3045 LACKLAND ROAD FORT WORTH, TEXAS 76116 FOR: NORTHSTAR OFFSITE SEWER SANITARY SEWER IMPROVMENTS City Project No.: 104385 Units/Sections: SANITARY SEWER 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer 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 in the construction contract. 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 anything 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 Developer (b) to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 artificial non-competitive levels, or (c) to deprive Developer 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 Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. SEWER INTERCEPTORS, DEVELOPMENT, 24-INCHES AND SMALLER b. AUGUR BORING- 241NCH DIAMETER CASING OR LESS 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 160 calendar days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, 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. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre -qualification application (optional) 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. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> TOTAL BID 1 $3,812,557.00 7. Bid Submittal This Bid is submitted on August 301h, 2023 by the entity named below Respectfully submitted, By: (Signature) Colton Tollett (Printed Name) Title: Vice President Company: D.T. Utility Contractors, INC. Address: 2614 Causbie Road Weatherford, TX 76087 State of Incorporation: Texas Email: colton@dtutility.com Phone: (817) 304-2000 Receipt is acknowledged of the following Addenda: Initial Addendum No. I Addendum No. 2 Addendum No. 3 Addendum No. 4 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 UNIT PRICE BID Bidlist Iteml No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 1 of2 Bidder's Application Bidder's Proposal Description l Specification Unit of l Bid Unit Price l Bid Value Section No. Measure Quantity UNIT II: SANITARY SEWER IMPROVI =NkFNTS 1 '3291.0100 Topsoil '32 91 19 333 $50.00" $16,650.00 2 3292.0100 Block Sod Placement 32 92 13 SY 3989 $18.00 $71,802.00 3 3471.0001 Traffic Control 3471 13 MO 5 $35,000.00 $175,000.00 4 3125.0101 SWPPP Z 1 acre 31 2500 LS 1 $45,000.00 $45,000.00 5 9999.0001 Project Signs 99 99 01 LS 1 $6,500.00 $6,500.00 6 3331.4211 12" Sewer Force Main By Open Cut 3311 12 LF 10865 $140.00 $1,521,100.00 7 3331.4212 12" DIP Sewer 3311 10 LF 957 $165.00 $157,905.00 8 3305.1104 24" Casing By Other Than Open Cut 33 05 22 LF 957 $700.00 $669,900.00 9 3305,0116 Concrete Encasement for Utility Pipes 33 05 10 CY 35 $350.00 $12,250.00 10 3331.4308 21" Sewer Pipe 3331 20 LF 2760 $230.00 $634,800.00 11 3301.0001 Pre -CCTV Inspection 3301 31 LF 2760 $7.50 $20,700.00 12 3301.0002 Post -CCTV Inspection 3301 31 LF 2760 $7.50 $20,700.00 13 3312.3005 12" Gate Valve & Box 33 12 20 EA 6 $6,500.00 $39,000.00 14 3331.6102 3" Sewer Air Release Valve & Vault 3331 70 EA 2 $26,000.00 $52,000.00 15 3331.3401 Ductile Iron Sewer Fittings 3311 11 TON 2 $21,000.00 $42,000.00 16 3110.0103 6-inch - 12-inch Tree Removal 31 0000 EA 13 $1,500,00 $19,500.00 17 3110.0103 12-inch - 18-inch Tree Removal 31 0000 EA 3 $3,500.00 $10,500.00 18 9999.0003 Wager USA 3000 Manhole Scrubber 99 99 03 EA 4 $23,000.00 $92,000.00 19 9999.0004 Wager USA 2050 -100 Series - Inflow 99 99 04 EA 2 $17,000.00 $34,000.00 20 9999.0005 Wager USA 2050 - 200 Series- Inflow 99 99 05 EA 1 $18,000.00 $18,000.00 21 3339.1001 4' Manhole 33 39 20 EA 5 $7,800.00 $39,000.00 22 3305.0112 Concrete Collar 33 05 17 EA 6 $1,500.00 $9,000.00 23 3339.1003 4' Extra Depth Manhole 33 39 20 VF 8 $250.00 $2,000,00 24 3339.0001 Epoxy Manhole Liner 33 39 60 EA 5 $9,500.00 $47,500.00 25 3339.0002 Epoxy Structure Liner 33 39 60 EA 1 $12,500.00 $12,500.00 26 3301.0101 Manhole Vacuum Testing 3301 30 EA 6 $250.00 $1,500.00 27 3339.2001 Sanitary Sewer Junction Structure 33 39 20 EA 1 $14,500.00 $14,500.00 28 3305.0109 Trench Safety 33 05 10 LF 13625 $2.00 $27,250.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fonn Version May 22, 2019 00 42 43_Bid Proposal DAP UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP-BIDPROPOSAL Page 2 of 2 Bidder's Application Bidlist Item I Specification I Unit of I Bid No. Description Section No. Measure Quantity Bid Summary I UNIT II: SANITARY SEWER IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: D.T. Utility Contractors, INC. 2614 Causbie Road Weathford, TX 76087 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Total Construction Bid Bidder's Proposal Unit Price I Bid Value BY: Colton Tollett 7-7 TITLE: Vice President DATE: 4/4/2024 END OF SECTION $3,812,557.00 $3,812,557.00 160 working days after the date when the CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Forth Version May 22, 2019 00 42 43_Bid Proposal DAP SECTION 00 43 13 DAP - BID BOND BY THESE PRESENTS: 0043 13 DAP BID BOND FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 1 That we, D.T. UTILITY CONTRACTORS, INC., called the Principal, and AMERICAN ALTERNATIVE INSURANCE CORPORATION, a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of THREE MILLION EIGHT HUNDRED TWELVE THOUSAND FIVE HUNDRED FIFTY- SEVEN and No/l00 Dollars said Principal andthe said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firm by these presents. WHEREAS the Principal has submitted a proposal to perform work for the following project of the Obligee identified as: NORTHSTAR OFFSITE SEWER NOW, THERL:I:ORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for theexecution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terns of such proposal, then this bond shall be null and void. if the Principal fails torexecute such Contract in accordance with the tenns of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligce for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this 29th day of August , 2023 . By: D.T. UTILITYCONTRACTORS, INC. Signature and Title of Principal) By: ANIERICAN ALT 'ATIVE IN NC E�RPORATIOV Russ Frenzel (Sig kturc%l fP.ttomcy-of-Fact) *Attach Power of Attorney (Surety) for Attorney-in-i;a'cr' END OF SECTION CITY OF FONT WORTH STAN DANO CONSTRUCTION BU BOND FORM - OEVEIOPEN AWARDW PROJECTS Form Version Apni 7, 2014 Impressed Surety Seal Only 00 43 13 0 d Bond -DAP 0045 11 -1 BIDDERS PREQUALIFICATIONS Page 1 of 3 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31 st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxDennit/ and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT #104385 Revised April 2, 2014 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm's opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital = current assets — current liabilities) by a factor of 10.Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time a new financial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of "None" or "N/A" should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT #104385 Revised April 2, 2014 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH NORTHSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT #104385 Revised April 2, 2014 0045 12 DAP PREQUALIFICATION STATEMENT Page I of I SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvoe" box provide the complete maior work tvpe and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type SEWER INTERCEPTORS, DEVELOPMENT, 24-INCHES AND SMALLER AUGUR BORING — 24INCH DIAMETER CASING OR LESS Contractor/Subcontractor Company Name Prequalification Expiration Date D.T. UTILITY CONTRACTORS, INC. 4/30/2025 D.T. UTILITY CONTRACTORS, INC. 4/30/2025 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: D.T. UTILITY CONTRACTORS, INC. 2614 CAUSBIE ROAD WEATHERFORD, TEXAS 76087 BY: CO�LLTTON TOLLETT (Signature) TITLE: VICE PRESIDENT DATE: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 0045 12_Prequalification Statement 2015_DAP (002) Form Version September 1, 2015 2 3 4 5 6 7 8 9 H 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 I of I 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. 104385. 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: _D.T. UTILITY CONTRACTORS, INC._ By: COLTON TOLLETT Company (Please Print) 2614 CAUSBIE ROAD Address WEATHERFORD. TX 76087 City/State/Zip THE STATE OF TEXAS § COUNTY OF T—.-A�T Aft -Fe § Signature: Title: VICE PRESIDENT (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared eD/-r>n T//eEf , 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 A T. r A A*"4v es xnc, for the purposes and consideration therein expressed and In the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of cam, , 2at -. TAN AVIS 9r IN TAF` 'BLIC > Nota�Pcd for the State of Texas * `xST. r �....XASr ^: ��c I D + ; .4 �: ` My Comm. E :. 12.2025 - TANYA DAVIS (SMYCornm. NOTARY PUBLIC END OF SECTION STATE OF TEXAS ID # 576914-4 Expires 09-28-2025 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 NORTHSTAR OFFSITE SEWER CPN 104385 005243-1 Developer Awarded Project Agreement Page I of SECTION 00 52 433 AGREEMENT 3 THIS AGREEMENT, authorized on 8/6/2024 is made by and between the Developer, 4 170 0TAR RANCH DEVELOPERS, INC., authorized to do business in Texas 5 ("Developer") a d D.T. Utility Contractors, INC., authorized to do business in Texas, acting 6 by and through its duly authorized representative, ("Contractor"). I 7 Developer and Co tractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the I I Project identified herein. 12 Article 2. PROJECT 13 The project for wh ich the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Northstar Offisite.11)'eiver 16 CUP Proied #1043 5 17 Article 3. CONT CT TIME 18 3.1 Time is of th essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 160 calendar days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph ;.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in I legal gaI proceeding the actual loss suffered by the Developer if the Work is not 32 completed n time. Accordingly, instead of requiring any such proof , Contractor agrees 1 33 that as liq idated damages for delay (but not as a penalty), Contractor shall pay 34 Developer E THOUSAND DOLLARS, Dollars ($1 0_00) for each day that expires after 35 the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final 36 Letter of Acceptance. CITY OF FORT WORTH NOR THSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPAf 104385 Revised June 16,2016 005243-2 Developer Awarded Project Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Developer agrees , o pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of three million eight hundred twelve thousand five 40 hundred fifty-seven Dollars ($3,812,557.00). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between Developer and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2, Attachments to this Agreement: 47 a. Bid Form (As provided by Developer) 48 1) Proposal Form (DAP Version) 49 2) Prequalification Statement 50 � State and Federal documents (project specific) 51 b. Lisurance ACORD Fon-n(s) 52 c. Payment Bond (DAP Version) 53 d. Performance Bond (DAP Version) 54 e. Maintenance Bond (DAP Version) 55 f. Power of Attorney for the Bonds 56 9- Nyorker's Compensation Affidavit 57 h. BE and/or SBE Commitment Form (If required) 58 3. Stan and City General Conditions of the Construction Contract for Developer 59 Aw ed Projects. 60 4. Suppernentary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Conttnts of the Project's Contract Documents. 64 6. Drawings. 65 7. Addaida. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Latter of Final Acceptance. 73 74 CITY OF FORT WORTH NOR THSTAR OFFSITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 104385 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 75 Ahrdcle 6. INDEW91FICATION 76 6.S Ceimtractor covenants @ad agrees to indemnify, hold harmless and defead, at Its ovilm 77 eKpanse, th city, its officers, servants and employees, from and @Ezlnst any and Rfl 78 egaims arisi g out of, or alleged to arise out of, the work and services to be performed 79 by the cont actor, its officers, agents, employees, subcontractors, Heenses or invitees so under this ontract. This indemnification Drovision is sDecificaliv inlelmded to omen-qCte 81 and be effq five even if it is alleged or proven that all or some of the dams 82 Zgught wer i ence of the cutv. .Sht wer caused. in whole or in Dart. by anv act. omission or negU 83 'TM)s iiadem ity provision is intended to include, without limftzt�,on, indemaMy fbir 84 costs, expen es and legal fees incurred by the efty in defending ag2dnrt guah cis ms 2nd 85 egauses of ac 86 87 6.2 Contractor ovenants and agrees to indemnify and hold harmIess, at its own expense, 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to nAoe out of, the work 90 and service:; to be performed by the contractor, fts offficem, g1gegaLo, employees, 91 subcontracters, Qicensees or invitees under this contract. This iff'demlmfflacation 92 nrovision is sDecificafiv intended to overate and be effective even if it is afleged or 93 Droven that AJI or soune of the damages being sought were caused, in whole or in Dart, 94 by anv act, omission or negligence of the city. 95 96 Article 7. MISCELLAI\103US 97 7.1 Terms. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construclion Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agreerrent, including all of the Contract Documents may not be assigned by the 102 Contractor w, thout the advanced express written consent of the Developer. 103 7.3 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provisiep or part of the Contract Documents held to be unconstitutional, void or 109 unenforceabl 1 by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining prtvisions shall continue to be valid and binding upon DEVELOPER and H] CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH NORTHS7AR OFFSITE SEWER STANDARD CONSTRUc riON SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 104385 Revised June 16,2016 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 005243-4 Developer Awarded Project Agreement Page 4 of 4 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor, IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts, This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: Developer: By: By: (Si gnature) , *(Signature) Colton Tollett (Prir-,ted Name) Title: Vice Preside it Company Name: CT Utility Address: 2614 Causbie Road City/State/Zip: Weatherford, TX 76087 Date Kim Gill (Printed Name) Title-. Vice President Company name: 170 Northstar Ranch Developer Inc. Address: 3045 Lackland Road. City/State/Zip: Fort Worth, TX 76116 Date CITY OF FORT WORTH NORTHSTAR OrPSITE SEWER STANDARD CONSTRUC FION SPECIFICATION DOCUMENTS --DEVELOPER AWARDED PROJECTS CPN 104385 Revised dune 16,2016 CERTIFIED COPY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the AMERICAN ALTERNATIVE INSURANCE CORPORATION, a corporation organized and existing by virtue of the laws of the State of Delaware ("Corporation') with offices at 555 College Road East Princeton N J 08543, has made constituted and appointed and by these presents does make constitute and appoint. Russ Frenzel; Brady K. Cox: William D. Baldwin; Brent Baldwin; Michael B. Hill; Keith Rogers; Sam Freireich; Brock Anglin; Cindy Alford; Yamillec Ramos; Neira Hernandez; and Kristi Meek its true and awful Attorneys -in -Fact, at Princeton in the State of New Jersey each of them alone to have full power to act without the other or others, to make execute ane deliver on its behalf as Surety or Co -surety bonds and undertakings given for any and all purposes also to execute and deliver on its behalf as aforesaid renewals extensions. agreements. waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made executed and delivered shall obligate said Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million Dollars ($100.000,000) Sucn bonds and undertakings for said purposes when duly executed by said Atterney(s -in-Fact shall be binding upon said Company as fully and to thesame extent as if signed by the President of said Company under its corporate seat attested by its Secretary This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the 27th day of August 1975 a copy of which appears below IN WITNESS WHEREOF, the AMERICAN ALTERNATIVE INSURANCE CORPORATION has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 24"' day of September. 2021 ,o�p�lvElvSU�'• ., coPvort it `� By. 'a Michael G. Kerner President Attest: Ignaciivera Deputy General Counsel & Secretary STATE OF NEW JERSEY, COUNTY OF SOMERSET The foregoing instrument was acknowledged before me by means of online notarization this 241" day of September, 2021, by Michael G Kerner and Ignacio Rivera, who are personally known to me E �.a4aif i �. Jill n Sanfilippo lot ary Public ' I "+sa i A Stiitts of New J rsey My Commission Expires February R. 2026 SECRETARY'S CERTIFICATE The uadcrsianed. 1_na cio Rivera. hcicbr cerifics 'Iham the undcrst, nrd is Scoclaty ul Aincitrw •\Rein:ni%c Insinari�c Coiltowliun .) �Wpurtunn ofthe ,tale ul't )chmaic. 11rat tl:e original p"Iv:Cr ofauorncy ol'\\hich hC k'rcgontL• Is.:.up\ aa• cfuh e\CtulCd on behalf of did C mI,0tauon on the day oi• its date, unit has not snicc bCCII ic\ oked. an)ended or nu+difiCd: that file undersigned hoN compared the lineguuig copy dfereot \with s, nl mcuul po\wcr ofattoiri. and that the same i, a true and Correct copy ol'said origmid power of attorney and of the \\hole thereon 'I hat the original resolution of +Olieh the ti,llo%%ine is a copy was duly adopted at. and recorded if the minute, -it'. :I regular nfceimi; of the lipoid of I)irecl„rs of;aid Corporation dul) held on August 4, 1}'94. and has nut sux•c. been revoked. an)cnded or moditicil RESOLVED- than each of the folluwine ollicers of this Corporation. namely, the Prcstdent. the Executive Vice Prcstdent, tha Scntot Vice Presidents. and the Vice Presidents. he, and they herehy are, authorized, from time to time in their discretion. to appoint such agent or agents or attorney or attorneys -in -fact as deemed by them necessary or desirable fir the purpose of carrying on this Corporation's business, and to empower such agent or agents or attumey or attorneys -in -tact to execute and deliver, in this Corporation', name and on its behalf, and under its seal or otherwise, surety bonds. surety undertakings or surety contracts made by this Corporation as surct% thereon. RESOLVED. that the signature of -any authorized officer of the Corporation and the Corporation's seal may he affixed by facsimile to any power of attorney and revocation ol'am• power of atiomey or certificate of either given tier the execution of'any surei) hond. surer undertaking, or surety contract. such signature and seal, when so used being hereby adopted by the Corporation its the original signature o1'such officer and the original seal ol'the Corporation. to he valid and hindine upon the Corporation with the smite force and ctl'ect as though manually atlixed. FURTHER Rl"SOLVED- that any prior appointments by the Corporation of \iCAs are, in all respects, hereby ratified, confinned and approved. FURTHER RESOLVED, that the Secretary or any Assistant Secretary ofthis Corporation is hcreh\ authorized to cenity and deliver to any person to whom such certification and deliver• may be deemed necessary and desirable in thcopinion ofsuch Sccrcfarn or Assistant Secretary, a true copy ofthe lbregoing resolution. The undcrst Lncd has rntnp: ied the l6regoing copies of said original resolutions a, so recorded. and tile\ are the sums true and curroCl copies of said ort:anal reohnioni ,is sit recorded and oftl•e \;hole thcrcoll W,iutess the hand of the undei-o, r. d •i,. l tluc.:.cr l c-i ::f C'irr;4irauc.n this .__ dal of _ 'U :\:kTP.RIC,\\ Al. hf•:!L\.\TlVl:l\S1 RA\( 4.C'OKI'f)KAI'IO\ � �`. SEA1.r� _ 8j .,1923 ,-Q SF. . '''atE0F0Eu?�;PLO - I�nacleR alit{Sea74,:eat t(Iai:ko'i ' 1 �n❑.:ro Riwcra - I)eputy General ('ounscl C Secret.fr\ TRS-1001-i Bond Verification Should you wish to verify the authenticity of this bond, please send your request, including a copy of the bond, via email to: essuretvuwsupport�munichre.com Bond Claims or Notices Should you wish to file any notices to the Surety for this American Alternative Insurance Corporation bond(s) they should be sent via email, including all pertinent correspondence or information to: p0060014688 � m u n i ch re. co m LW Mail to: Munich Re Specialty Insurance 330 Madison Avenue, 12th Floor New York, NY 10017 Attn: Surety Bond Claims WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All TX Operations 3. Premium: The premium charge for this endorsement shall be 2 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. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: February 20, 2024 Carrier: Bridgefield Casualty Insurance Company Effective Date of Endorsement: April 20, 2024 Policy Number: 196-57864 Countersigned by- C Insured: D.T. Utility Contractors, Inc. WC 42 03 04 B (Ed. 6-14) "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 2014 NCCI" POLICY NUMBER: MP35280042 COMMERCIAL AUTO NA CA 09 01 21 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is a summary index of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all limitations and conditions applicable to this Coverage Part, unless specifically deleted, replaced, or modified therein. No coverage is provided by this summary. SUMMARY INDEX DESCRIPTION PAGE NUMBER SECTION II - COVERED AUTOS LIABILITY COVERAGE Who Is An Insured Broad Form Insured 2 Employee As Insureds 2 Additional Insured Status By Contract, Agreement Or Permit 2 Supplementary Payments Bail Bond Coverage 2 Loss Of Earnings Coverage 2 Pollution Liability - Broadened Coverage For Covered Autos 2 I SECTION III - PHYSICAL DAMAGE COVERAGE Broadened Coverage Towing And Labor 3 Physical Damage Additional Transportation Expense Coveraqe 4 Temporary Substitute Auto Physical Damage 4 Extra Expense- Theft 4 Rental Reimbursement And Additional Transportation Expense 4 Personal Effects Coverage 5 Personal Property Of Others 5 I Locksmith Coverage 5 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio, Visual And Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 6 Glass Repair- Deductible Amendment 6 SECTION IV - BUSINESS AUTO CONDITIONS Broadened Coverage Amended Duties In The Event Of Accident, Claim, Suit Or Loss 6 Waiver Of Subrogation - Automatic Status When Required In A Written Contract 6 Unintentional Failure To Disclose 6 Hired, Leased, Rented Or Borrowed Auto Physical Damage 7 I SECTION V - DEFINITIONS Mental Anguish Included in Definition of "Bodily Injury" 7 I NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 7 (SECTION II - COVERED AUTOS LIABILITY COVERAGE, WHO IS AN INSURED, SUPPLEMENTARY PAYMENTS, POLLUTION) The following changes are made to SECTION II - COVERED AUTOS LIABILITY COVERAGE: A. The following are added to Paragraph A.1.: 1. Who Is An Insured The following are "insureds": d. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership; (2) That is an "insured" under any other policy; (3) That has exhausted its Limits of Insurance under any other policy; or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. e. Your "employee" while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. f. Any person or organization for whom you are required to add as an additional insured when you and such person or organization have agreed in writing in a contract or agreement, but such written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". Coverage provided by this extension applies only with respect to the extent that the person or organization is liable for the conduct of an "insured" arising out of the ownership, maintenance or use of a covered "auto" under this policy. Coverage provided by this extension will not exceed the Limits of Liability required by the written contract or agreement even if the limits stated in the policy exceed those limits. This coverage shall not increase the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. For any covered "auto" you own, the insurance provided under this extension is primary. B. Paragraphs 2.a.(2) and 2.a.(4) are replaced with the following: 2. Coverage Extensions a. Supplementary Payments (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident' we cover. We do not have to furnis h these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Pollution Liability - Broadened Coverage For Covered Autos 1. Covered Autos Liability Coverage is changed as follows: a. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contractor agreement. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 2 of 7 b. With respect to the coverage afforded by Paragraph A.I. above, Exclusion B.6. Care, Custody Or Control does not apply. 2. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any 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. Any claim or "suit' by or on behalf of a gover nmental 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". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 3. Limits For "Covered Pollution Cost or Expense" The most we will pay for "covered pollution cost or expense" is $100,000 in the aggregate per policy period, regardless of the number of "accidents". When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or to pay such damages or defense expense. (SECTION III - PHYSICAL DAMAGE COVERAGE, BROADENED PHYSICAL DAMAGE COVERAGES) The following changes are made to SECTION III - PHYSICAL DAMAGE COVERAGE A. Paragraph A.2 is replaced with the following: A. Coverage 2. Towing And Labor We will pay for towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles, we will pay up to $100 per disablement. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 7 b. For all other covered "autos" we will pay up to $500 per disablement. However, the labor must be performed at the place of disablement. B. Paragraph A.4.a. is replaced with the following: A. Coverage 4. Coverage Extensions a. Transportation Expenses We will pay up to $60 per day, to a maximum of $1,800, for temporary transportation expense incurred by you because of the total theft of a c overed "auto" of the private passenger type. 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 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. The following are added to Paragraph 4. Coverage Extensions: 4. Coverage Extensions c. Temporary Substitute Autos If Physical Damage Coverage is provided under this Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its: (1) Breakdown; (2) Repair; (3) Servicing; (4) "Loss'; or (5) Destruction. d. Theft Recovery Expense If you have purchased Comprehensive Coverage on a covered "auto" that is stolen, we will pay the expense of returning that stolen "auto" to you. The limit for this coverage extension is $5,000. e. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of a covered cause of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expens es incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 7 (b) $75 per day. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (5) If "loss" results from the total theft of a covered "auto" of the private passenger type or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. f. Personal Effects If you have purchased comprehensive coverage on a covered "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "Personal Effects" stolen with the covered "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, "Personal Effects" means tangible property that is worn or normally carried on "insured's" person. g. Personal Property Of Others We will pay up to $500 for "loss" to personal property of others in or on your covered "auto". This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductible applies to this coverage. h. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger type "auto". The deductible is waived for these services. i. Vehicle Wrap Coverage Under either Comprehensive or Collision Coverage, we will pay up to $1,000 for vinyl vehicle wraps which are displayed on a covered "auto" at the time of a total "loss". Regardless of the number of "autos" deemed a total "loss", the most we will pay under this coverage for any one "loss" is $5,000. For purposes of this coverage, signs or other graphics painted or magnetically affixed to the c overed "auto" are not considered vehicle wraps. D. Paragraph B.3. is replaced with the following: B. Exclusions 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". This exclusion also does not apply to the mechanical breakdown relating to the accidental discharge of an air bag. This exception applies only if you have purchased comprehensive or collision coverage on the covered "auto" you own and coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. E. Paragraph C.1.b. is replaced with the following: C. Limits Of Insurance 1. The most we will pay for: b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $5,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraphb.(1) above; or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 7 (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. F. The following is added to Paragraph C. Limits of Insurance: C. Limits Of Insurance 4. In the event of a total "loss" to a covered "auto" shown in the Declarations, which is subject to a loan or lease at the time of the "loss", we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments at the time of the 'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (6) Carry-over balances from previous loans or leases. G. The following is added to Paragraph D. Deductible D. Deductible Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. (SECTION IV - BUSINESS AUTO CONDITIONS, BROADENED COVERAGE) The following changes are made to SECTION IV - BUSINESS AUTO CONDITIONS: A. The following is added to Paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss 2. Duties In The Event Of Accident, Claim, Suit Or Loss d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident', "claim", "suit' or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (6) Your officials, trustees board members or insurance manager, if you are a not -for -profit organization. B. The following is added to Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us 5. Transfer Of Rights Of Recovery Against Others To Us However, we waive any rights of recovery we may have under the policy against any person or organization for whom the insured is working or operating under a written contract when such contract requires a waiver of s ubrogation. This provision does not apply unless the written contract has been executed prior to the "bodily injury" or "property damage". C. The following is added to Paragraph B.2. Concealment, Misrepresentation Or Fraud: B. General Conditions 2. Concealment, Misrepresentation Or Fraud However, your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 6 of 7 D. Paragraph 5.b. of B. General Conditions is replaced with the following: B. General Conditions 5. Other Insurance 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". The most we will pay for any one "loss" is the lesser of the following: (1) $75,000 per accident; or (2) Actual cash value at the time of loss; or (3) Cost of repair. Less the deductible shown in Item Four of the Declarations. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". The deductible does not apply to "loss" caused by fire or lightning. This coverage is excess over any other collectible insurance. (SECTION V - DEFINITIONS, MENTAL ANGUISH) A. Paragraph C. under SECTION V - DEFINITIONS is replaced with the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from such bodily injury, sickness, or disease. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 7 of 7 NATIONAL AMERICAN INSURANCE COMPANY CONTRACTORS GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT SUMMARY OF COVERAGES The following is a summary of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all terms, limitations, exclusions and conditions of the policy, except and to the extent specifically stated in this endorsement No coveraqe is provided by t its summary. COVERAGE DESCRIPTION PAGE Coverage Extensions Extended Property Damage 2 Expanded Fire Legal Liability to Include Explosion, Lightning and Sprinkler Leakage 2 Coverage For Non -Owned Watercraft Extended to 51 Feet in Length 2 Newly Formed or Acquired Organizations- Extend The Reporting Requirement to 180 Days 7 Knowledge of Occurrence- Knowledge of an "occurrence", claim, or "suit" by your agent, servant, or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the 11 Named Insured has received such notice from the agent, servant, or employee Primary And Noncontributory- Other Insurance Condition 11 Waiver of Subrogation - Automatic Status When Required In A Written Contract 11 Additional Coverages Limit of Insurance Coverage D- Voluntary Property Damage Coverage $5,000 Occurrence 2 $10,000 Aqqreqate Coverage E- Care, Custody or Control Property $10,000 Occurrence Damage Coverage $25,000 Aggregate 3 Coverage F- Product Recall Expense $10,000 Each Recall $25,000 Aggregate 3 $1,000 Deductible Coverage G - Water Damage Legal Liability $25,000 Aggregate 5 Coverage H- Contamination or Pollution Coverage $100,000 Aggregate 5 (Sudden And Accidental) Increase in Supplementary Payments 7 Bail Bonds - $1,000 Loss of Earnings - $500 Additional Insured Coverages on a Primary and Non -Contributory Basis: Additional Insured- Owners, Lessees or Contractors -Automatic Status When Required In 8 Construction Agreement With You Additional Insured- Lessor of Leased Equipment -Automatic Status When Required In 8 Lease Agreement With You Additional Insured- Managers or Lessor of Premises -Automatic Status When Required In 9 A Written Contract Additional Insured- Engineers, Architects or Surveyors Not Engaged by the Named Insured 9 Aggregate Limits of Insurance Automatically Included - Per Location Subject to Cap 10 Automatically Included - Per Project Subject to Cap 10 NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 11 POLICY NUMBER: MP35280042 COMMERCIAL GENERAL LIABILITY NA CG 23A 03 21 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: 1. Exclusion a. is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability The last paragraph under 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning,or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 3. Non -Owned Watercraft Exclusion g. (2) (a) is replaced by the following: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) Less than 51 feet long; and B. The following additional coverages are added to Section I - Coverages. Each of these additional coverages is subject to Paragraph 2. Exclusions of Section 1 - Coverage A - Bodily Injury And Property Damage Liability and all other terms, limitations, conditions, exclusions and all other provisions of the policy except and to the extent otherwise specifically stated in this endorsement. COVERAGE D - VOLUNTARY PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. At your request, and whether or not you are legally obligated to pay, we will pay for "property damage" to property of others you cause while the property is in your possession or if the "property damage" arises out of 'your work". b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, a $5,000 occurrence limit and a $10,000 aggregate limit is the most we will pay under Coverage D for damages because of "property damage". The aggregate limit is the maximum amount we will pay for all covered 'occurrences" during the policy period. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office Inc., with its Permission. Page 2 of 11 c. Our duty to pay ends when we have paid the applicable Limit of Insurance in the payment of judgments or settlements under Coverage D. 2. Exclusions a. For purposes of Coverage D. only, Exclusion j. under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, is replaced by the following: j. Damage To Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. COVERAGE E - CARE, CUSTODY OR CONTROL PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. We will pay for "property damage" to personal property in the care, custody or control of the insured subject to the following provisions, limitations and conditions: (1) Exclusion j.(4) under Paragraph 2. Exclusions of Section 1- Coverage A - Bodily Injury And Property Damage Liability, does not apply to Coverage E. (2) Subject to S. of SECTION III - LIMITS OF INSURANCE, a $10,000 occurrence limit and a $25,000 aggregate limit is the most we will pay under Coverage E. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. (3) 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 Coverage E., regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". COVERAGE F - PRODUCT RECALL EXPENSE 1. Insuring Agreement a. Notwithstanding Exclusion n. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, and subject to the limits shown in the Summary of Coverages, we will pay the "product recall expense" you incur as a result of a "product recall' you initiate during the coverage period. b. We will only pay for " product recall expense" arising out of "your products" which have been physically relinquished to others. c. This coverage is subject to a $10,000 each product recall limit and a $25,000 aggregate limit. The most we will pay for the s um of all "product recall expense" you incur as a result of all "product recalls" you initiate during the policy period shall not be greater than $25,000. d. 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 Coverage F. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall'. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 11 b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. "Bodily injury" or "property damage': g. Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. h. Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. i. Legal fees or expenses j. Damages claimed for any los s, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement I. Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 3. Conditions The following conditions are added to Coverage F. a. Duties In Event of Product Recall In the event of a "product recall", you must: (1) See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". (2) Take all reasonable steps to minimize "product recall expense". This will not increase the Limits of Insurance. (3) If requested, permit us to question any insured under oath at such times as may be reasonably required about any matter relating to this insurance orthe insured's claim, including your books and records. Your answers must be signed. (4) Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. (5) Cooperate with us in the investigation or settlement of any claim. (6) Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 4. Definitions The following definitions are added: a. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage" and (2) Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 11 (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. b. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred for temporary locations used to store recalled products. (6) Expenses incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expense incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". COVERAGE G - WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement a. Notwithstanding Exclusion j.(1) under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, we will pay for "property damage" to premises that are both rented to and occupied by you if the "property damage" happens during the policy period as the result of an "occurrence" and arises out of the injurious presence of water. b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE the most we will pay under Coverage G. is $25,000 aggregate per policy period. The aggregate limit is the maximum amount w e will pay for all c overed "occurrences" during the policy period. c. 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 Coverage G. COVERAGE H - CONTAMINATION OR POLLUTION COVERAGE (Sudden And Accidental For Contractors) A. The following provisions are added to Section I - Coverage A - Bodily Injury And Property Damage Liability. 1. LIMITED POLLUTION COVERAGE Exclusion f. under Paragraph 2., Exclusions of Section I - 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 escape of "pollutants" at any time. (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 NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 6 of 11 (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." This exclusion does not apply to that portion of any "bodily injury" or "property damage" which is caused by a "pollution incident', subject to the limits of insurance set forth below in this endorsement, but only if the following conditions are met: (a) The commencement time and date of such "pollution incident' can be identified with certainty, and such "pollution incident' commences at a specific time and date during the policy period; (b) Such "pollution incident' is an accident and unintentional release, discharge, emission or escape of "pollutants," is sudden and accidental and is neither expected nor intended by any insured; (c) Such "pollution incident' is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same "pollutants" from essentially the same source within twelve (12) months of a previous discharge, dispersal, release or escape; (d) Such "bodily injury" or "property damage" is not caused or contributed to in any degree by any "pollution incident" that commenced prior to the beginning of the Policy Period shown in the Declarations; (e) Such "pollution incident' is discovered or otherwise becomes known to you within thirty (30) days of its commencement and is reported to us in writing within thirty (30) days after you first obtain knowledge of the "pollution incident'; (f) Such "pollution incident' did not result from or was not contributed to by your failure to comply with any government statute, rule, regulation, or order; 2. LIMITS FOR POLLUTION COVERAGE: The most we will pay for liability because of covered "bodily injury" and "property damage" caused by one or more "pollution incidents" shall not be greater than $100,000 in the aggregate per policy period. For the purpose of mitigating further "bodily injury" or "property damage" caused by a covered "pollution incident," $ 100,000 may be applied to costs or expenses incurred by any insured for cleaning up, removing or containing a covered "pollution incident' on the particular part of real property upon which the operations of the insured are conducted. This amount shall not be in addition to the limits set forth above, but such amounts shall reduce such applicable limits. When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or pay such damages or defense expense. This coverage does not apply to Coverage B - Personal And Advertising Injury Liability. 3. NON -EXTENSION OF COVERAGE: The only coverage provided under this policy for liability in any way relating to, or caused by, any "pollution incident" is that which is set forth in this endorsement. 4. DEFINITIONS All provisions of the POLICY DEFINITIONS portion of this insurance remain unchanged except as modified by the following: For purposes only of the coverages addressed in this endorsement, the definition of "property damage" is replaced with the following: "Property Damage" means: a. Physical Injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured, destroyed or contaminated but has been evacuated, withdrawn from use or rendered inaccessible because of a "pollution incident." c. Any loss, cost, or expense which you become legally obligated to pay, provided that you receive notice asserting such obligation during the policy period or within 30 days thereafter, and provided further that such "loss," cost or expense arises out of: (1) A request, demand or order that any insured or others test for, monitor, clean-up, remove, contain, NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 6 of 11 treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants;" or (2) A claim or legal proceeding by or on behalf of a governmental authority for payments because of testing for, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants." "Pollution Incident" means an "occurrence" consisting of any actual emission, discharge, release, or escape of any "pollutant" into or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, provided that such emission, discharge, release or escape results in "environmental damage." The entirety of any such actual emission, discharge, release or escape shall be deemed to be one "pollution incident." "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste and saline substances. Waste includes materials to be recycled, reconditioned or reclaimed. "Environmental Damage" means any injurious presence actually in or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, of any "pollutant." SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended as follows: a. To read SUPPLEMENTARY PAYMENTS -ALL COVERAGES b. The following language is added at the end of Paragraph 1. However, we shall have none of the duties set forth above when this insurance applies only for Coverage D., Coverage E., or both, and we have paid the Limit of Liability or the Aggregate Limt for these additional coverages. c. Bail Bonds Paragraph 1.b. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. Loss of Earnings Paragraph 1.d. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: 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 II -WHO IS AN INSURED A. The following changes are made to SECTION II -WHO IS AN INSURED 1. Extended Reporting Requirements Paragraph 3.a. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; B. The following provisions are added to SECTION II -WHO IS AN INSURED: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 7 of 11 4. Additional Insured -Owners, Lessees or Contractors- Automatic Status When Required In Construction or Service Agreement With You Each of the following is an insured: a. 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 that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragrapha. above. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: (1) Your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or (2) "Your work" specified in the "written contract' but only for "bodily injury", "property damage" or "personal and advertising injury" included in the "products -completed operations hazard'; However, the insurance afforded to such additional insureds described in Paragraphs a. and b. above, only applies to the extent permitted by law and will not be broader than that which you are required by the contract or agreement to provide for such additional insureds. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) '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: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 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 contract or agreement you have entered into with the additional insured; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 5. Additional Insured -Lessor of Leased Equipment- Automatic Status When Required In Lease Agreement With You Each of the following is an insured: a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 8 of 11 However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. 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. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: 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: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 6. Additional Insured - Managers or Lessors of Premises Each of the following is an insured: a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of 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 contractor agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits of Insurance: 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: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 7. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Each of the following is an insured: a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor aris ing out of: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 9 of 11 in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: The insurance 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 services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. SECTION III - LIMITS OF INSURANCE A. Paragraphs 2., 3., and 6. of SECTION III -LIMITS OF INSURANCE are replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard'; and c. Damages under Coverage B; and d. Damages under Coverage G. e. Damages under Coverage H. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage F. 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, explosion, lightning, or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added to SECTION III - LIMITS OF INSURANCE: 8. Aggregate Limits of Insurance ( Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 9. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your "construction projects" away from premises owned by or rented to you. "Construction Project" means "your work" conducted according to a single plan. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 10 of 11 10. Even though the General Aggregate Limit applies separately to each of your "locations" and each of your "construction projects", the most we will pay under this policy is three times the General Aggregate Limit regardless of the number of "locations", "construction projects", 'occurrences", "insureds", claims, "suits", or persons or organizations making claims or bringing "suits". SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following is added to Paragraph 4.Other Insurance: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. B. Paragraphs 2.a. and b. are replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. T o the extent possible, notice should include: (1) How, when and where the "occurrence" 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. b. If a claim is made or "suit' is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit' as soon as practicable. Knowledge of a claim or "suit' by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. C. The following is added to Paragraph 2.c.: 2. Duties In The Event Of Occurrence, Offense, Claim or Suit c. You and any other involved ins ured must: (5) Upon our request, replace or repair the property covered under Coverage D - Voluntary Property Damage at your actual cost, excluding profit or over head. D. Paragraph 8. is modified by adding the following sentence: 8. Transfer Of Rights Of Recovery Against Others To Us We waive our right to recovery against any person or organization for whom the insured is operating under a written contract when such contract requires a waiver of subrogation, and such contract is executed before the "property damage" or "bodily injury" occurs or the "personal and advertising" offense is committed. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 11 of 11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All TX Operations 3. Premium: The premium charge for this endorsement shall be 2 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. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: February 20, 2024 Carrier: Bridgefield Casualty Insurance Company Effective Date of Endorsement: April 20, 2024 Policy Number: 196-57864 Countersigned by - Insured: D.T. Utility Contractors, Inc. WC 42 03 04 B (Ed. 6-14) "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 2014 NCCI" POLICY NUMBER: MP35280042 COMMERCIAL AUTO NA CA 09 01 21 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is a summary index of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all limitations and conditions applicable to this Coverage Part, unless specifically deleted, replaced, or modified therein. No coverage is provided by this summary. SUMMARY INDEX DESCRIPTION SECTION II - COVERED AUTOS LIABILITY COVERAGE Who Is An Insured Broad Form Insured Employee As Insureds Additional Insured Status By Contract, Agreement Or Permit Supplementary Payments Bail Bond Coverage Loss Of Earnings Coverage Pollution Liability - Broadened Coverage For Covered Autos SECTION III - PHYSICAL DAMAGE COVERAGE Broadened Coveraqe Towinq And Labor Physical Damaqe Additional Transportation Expense Coveraqe Temporary Substitute Auto Physical Damaqe Extra Expense- Theft Rental Reimbursement And Additional Transportation Expense Personal Effects Coverage Personal Property Of Others Locksmith Coverage Vehicle Wrap Coverage Airbag Accidental Discharge Audio, Visual And Data Electronic Equipment Coveraqe Auto Loan/Lease Total Loss Protection Glass Repair- Deductible Amendment SECTION IV - BUSINESS AUTO CONDITIONS Broadened Coverage Amended Duties In The Event Of Accident, Claim, Suit Or Loss Waiver Of Subrogation - Automatic Status When Required In A Written Contract Unintentional Failure To Disclose Hired, Leased, Rented Or Borrowed Auto Physical Damaqe SECTION V - DEFINITIONS Mental Anguish Included in Definition of "Bodily Iniury" PAGE NUMBER 2 2 2 2 2 2 3 4 4 4 4 5 5 5 5 5 5 6 6 6 6 6 7 NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 7 (SECTION 11- COVERED AUTOS LIABILITY COVERAGE, WHO IS AN INSURED, SUPPLEMENTARY PAYMENTS, POLLUTION) The following changes are made to SECTION II - COVERED AUTOS LIABILITY COVERAGE: A. The following are added to Paragraph A.1.: 1. Who Is An Insured The following are "insureds": d. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership; (2) That is an "insured" under any other policy; (3) That has exhausted its Limits of Insurance under any other policy; or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. e. Your "employee" while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. f. Any person or organization for whom you are required to add as an additional ins ured when you and such person or organization have agreed in writing in a contract or agreement, but such written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". Coverage provided by this extension applies only with respect to the extent that the person or organization is liable for the conduct of an "insured" arising out of the ownership, maintenance or use of a covered "auto" under this policy. Coverage provided by this extension will not exceed the Limits of Liability required by the written contract or agreement even if the limits stated in the policy exceed those limits. This coverage shall not increase the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. For any covered "auto" you own, the insurance provided under this extension is primary. B. Paragraphs 2.a.(2) and 2.a.(4) are replaced with the following: 2. Coverage Extensions a. Supplementary Payments (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident' we cover. We do not have to furnis h these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Pollution Liability - Broadened Coverage For Covered Autos 1. Covered Autos Liability Coverage is changed as follows: a. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 2 of 7 b. With respect to the coverage afforded by Paragraph A.1. above, Exclusion B.6. Care, Custody Or Control does not apply. 2. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any 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. Any 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". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto'; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 3. Limits For "Covered Pollution Cost or Expense" The most we will pay for "covered pollution cost or expense" is $100,000 in the aggregate per policy period, regardless of the number of "accidents". When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or to pay such damages or defense expense. (SECTION III - PHYSICAL DAMAGE COVERAGE, BROADENED PHYSICAL DAMAGE COVERAGES) The following changes are made to SECTION III - PHYSICAL DAMAGE COVERAGE A. Paragraph A.2 is replaced with the following: A. Coverage 2. Towing And Labor We will pay for towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles, we will pay up to $100 per disablement. NA CA 09 0121 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 7 b. For all other covered "autos" we will pay up to $500 per disablement. However, the labor must be performed at the place of disablement. B. Paragraph AA.a. is replaced with the following: A. Coverage 4. Coverage Extensions a. Transportation Expenses We will pay up to $60 per day, to a maximum of $1,800, for temporary transportation expense incurred by you because of the total theft of a c overed "auto" of the private passenger type. 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 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. The following are added to Paragraph 4. Coverage Extensions: 4. Coverage Extensions c. Temporary Substitute Autos If Physical Damage Coverage is provided under this Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its: (1) Breakdown; (2) Repair; (3) Servicing; (4) "Loss"; or (5) Destruction. d. Theft Recovery Expense If you have purchased Comprehensive Coverage on a covered "auto" that is stolen, we will pay the expense of returning that stolen "auto" to you. The limit for this coverage extension is $5,000. e. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of a covered cause of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expens es incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 7 (b) $75 per day. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (5) If "loss" results from the total theft of a covered "auto" of the private passenger type or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. f. Personal Effects If you have purchased comprehensive coverage on a covered "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "Personal Effects" stolen with the covered "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, "Personal Effects" means tangible property that is worn or normally carried on "insured's" person. g. Personal Property Of Others We will pay up to $500 for "loss" to personal property of others in or on your covered "auto". This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductible applies to this coverage. h. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger type "auto". The deductible is waived for these services. I. Vehicle Wrap Coverage Under either Comprehensive or Collision Coverage, we will pay up to $1,000 for vinyl vehicle wraps which are displayed on a covered "auto" at the time of a total "loss". Regardless of the number of "autos" deemed a total "loss", the most we will pay under this coverage for any one "loss" is $5,000. For purposes of this coverage, signs or other graphics painted or magnetically affixed to the c overed "auto" are not considered vehicle wraps. D. Paragraph B.3. is replaced with the following: B. Exclusions 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". This exclusion also does not apply to the mechanical breakdown relating to the accidental discharge of an air bag. This exception applies only if you have purchased comprehensive or collision coverage on the covered "auto" you own and coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. E. Paragraph C.1.b. is replaced with the following: C. Limits Of Insurance 1. The most we will pay for: b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $5,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraphb.(1) above; or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 7 (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. F. The following is added to Paragraph C. Limits of Insurance: C. Limits Of Insurance 4. In the event of a total "loss" to a covered "auto" shown in the Declarations, which is subject to a loan or lease at the time of the 'loss", we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (6) Carry-over balances from previous loans or leases. G. The following is added to Paragraph D. Deductible D. Deductible Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. (SECTION IV - BUSINESS AUTO CONDITIONS, BROADENED COVERAGE) The following changes are made to SECTION IV - BUSINESS AUTO CONDITIONS: A. The following is added to Paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss 2. Duties In The Event Of Accident, Claim, Suit Or Loss d. Knowledge of any "accident", "claim", "s uit' or "loss" will be deemed knowledge by you when notice of such "accident', "claim", "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees board members or insurance manager, if you are a not -for -profit organization. B. The following is added to Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us 5. Transfer Of Rights Of Recovery Against Others To Us However, we waive any rights of recovery we may have under the policy against any person or organization for whom the insured is working or operating under a written contract when such contract requires a waiver of s ubrogation. This provision does not apply unless the written contract has been executed prior to the "bodily injury" or "property damage". C. The following is added to Paragraph B.2. Concealment, Misrepresentation Or Fraud: B. General Conditions 2. Concealment, Misrepresentation Or Fraud However, your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 6 of 7 D. Paragraph 5.b. of B. General Conditions is replaced with the following: B. General Conditions 5. Other Insurance 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". The most we will pay for any one "loss" is the lesser of the following: (1) $75,000 per accident; or (2) Actual cash value at the time of loss; or (3) Cost of repair. Less the deductible shown in Item Four of the Declarations. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". The deductible does not apply to "loss" caused by fire or lightning. This coverage is excess over any other collectible insurance. (SECTION V - DEFINITIONS, MENTAL ANGUISH) A. Paragraph C. under SECTION V - DEFINITIONS is replaced with the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from such bodily injury, sickness, or disease. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 7 of 7 NATIONAL AMERICAN INSURANCE COMPANY CONTRACTORS GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT SUMMARY OF COVERAGES The following is a summary of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all terms, limitations, exclusions and conditions of the policy, except and to the extent specifically stated in this endorsement No coverage is provided by this summary. COVERAGE DESCRIPTION PAGE Coverage Extensions Extended Property Damage 2 Expanded Fire Legal Liability to Include Explosion, Lightning and Sprinkler Leakage 2 Coverage For Non -Owned Watercraft Extended to 51 Feet in Length 2 Newly Formed or Acquired Organizations- Extend The Reporting Requirement to 180 Days 7 Knowledge of Occurrence- Knowledge of an "occurrence", claim, or "suit' by your agent, servant, or employee shall not in its elf constitute knowledge of the Named Insured unless an officer of the 11 Named Insured has received such notice from the agent, servant, or employee Primary And Noncontributory- Other Insurance Condition 11 Waiver of Subrogation - Automatic Status When Required In A Written Contract 11 Additional Coverages Limit of Insurance Coverage D- Voluntary Property Damage Coverage $5,000 Occurrence 2 $10.000 Aggregate Coverage E- Care, Custody or Control Property $10,000 Occurrence Damage Coverage $25,000 Aggregate 3 Coverage F- Product Recall Expense $10,000 Each Recall $25,000 Aggregate 3 $1,000 Deductible Coverage G - Water Damage Legal Liability $25,000 Aggregate 5 Coverage H- Contamination or Pollution Coverage $100,000 Aggregate 5 (Sudden And Accidental) Increase in Supplementary Payments 7 Bail Bonds - $1,000 Loss of Earnings - $500 Additional Insured Coverages on a Primary and Non -Contributory Basis: Additional Insured- Owners, Lessees orContractors- Automatic Status When Required In 8 Construction Agreement With You Additional Insured- Lessor of Leased Equipment- Automatic Status When Required In 8 Lease Agreement With You Additional Insured- Managers or Lessor of Premises- Automatic Status When Required In 9 A Written Contract Additional Insured- Engineers, Architects or Surveyors Not Engaged by the Named Insured 9 Aggregate Limits of Insurance Automatically Included - Per Location Subject to Cap 10 Automatically Included - Per Project Subject to Cap 10 NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 11 POLICY NUMBER: MP35280042 COMMERCIAL GENERAL LIABILITY NA CG 23A 03 21 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: 1. Exclusion a. is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability The last paragraph under 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 3. Non -Owned Watercraft Exclusion g. (2) (a) is replaced by the following: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) Less than 51 feet long; and B. The following additional coverages are addedto Section 1 - Coverages. Each of these additional coverages is subject to Paragraph 2. Exclusions of Section 1 - Coverage A - Bodily Injury And Property Damage Liability and all other terms, limitations, conditions, exclusions and all other provisions of the policy except and to the extent otherwise specifically stated in this endorsement. COVERAGE D - VOLUNTARY PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. At your request, and whether or not you are legally obligated to pay, we will pay for "property damage" to property of others you cause while the property is in your possession or if the "property damage" arises out of "your work". b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, a $5,000 occurrence limit and a $10,000 aggregate limit is the most we will pay under Coverage D for damages because of "property damage". The aggregate limit is the maximum amount we will pay for all covered 'occurrences" during the policy period. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office Inc., with its Permission. Page 2 of 11 c. Our duty to pay ends when we have paid the applicable Limit of Insurance in the payment of judgments or settlements under Coverage D. 2. Exclusions a. For purposes of Coverage D. only, Exclusion j. under Paragraph 2. Exclusions of Section I - Coverage A -Bodily Injury And Property Damage Liability, is replaced by the following: j. Damage To Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. COVERAGE E - CARE, CUSTODY OR CONTROL PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. We will pay for "property damage" to personal property in the care, custody or control of the insured subject to the following provisions, limitations and conditions: (1) Exclusion j.(4) under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, does not apply to Coverage E. (2) Subject to 5. of SECTION III - LIMITS OF INSURANCE, a $10,000 occurrence limit and a $25,000 aggregate limit is the most we will pay under Coverage E. The aggregate limit is the maximum amount we will pay for all covered 'occurrences" during the policy period. (3) 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 Coverage E., regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". COVERAGE F - PRODUCT RECALL EXPENSE 1. Insuring Agreement a. Notwithstanding Exclusion n. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, and subject to the limits shown in the Summary of Coverages, we will pay the "product recall expense" you incur as a result of a "product recall' you initiate during the coverage period. b. We will only pay for " product recall expense" arising out of "your products" which have been physically relinquished to others. c. This coverage is subject to a $10,000 each product recall limit and a $25,000 aggregate limit. The most we will pay for the s um of all "product recall expense" you incur as a result of all "product recalls" you initiate during the policy period shall not be greater than $25,000. d. 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 Coverage F. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall'. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 11 b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. "Bodily injury" or "property damage" g. Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. h. Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. I. Legal fees or expenses j. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement I. Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 3. Conditions The following conditions are added to Coverage F. a. Duties In Event of Product Recall In the event of a "product recall", you must: (1) See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". (2) Take all reasonable steps to minimize "product recall expense". This will not increase the Limits of Insurance. (3) If requested, permit us to question any insured under oath at such times as may be reasonably required about any matter relating to this insurance orthe insured's claim, including your books and records. Your answers must be signed. (4) Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. (6) Cooperate with us in the investigation or settlement of any c [aim. (6) Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 4. Definitions The following definitions are added: a. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage" and (2) Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 11 (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product'; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. b. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred for temporary locations used to store recalled products. (6) Expenses incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expense incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". COVERAGE G -WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement a. Notwithstanding Exclusion j.(1) under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, we will pay for "property damage" to premises that are both rented to and occupied by you if the "property damage" happens during the policy period as the result of an "occurrence" and arises out of the injurious presence of water. b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, the most we will pay under Coverage G. is $25,000 aggregate per policy period. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. c. 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 Coverage G. COVERAGE H - CONTAMINATION OR POLLUTION COVERAGE (Sudden And Accidental For Contractors) A. The following provisions are added to Section I - Coverage A - Bodily Injury And Property Damage Liability. 1. LIMITED POLLUTION COVERAGE Exclusion f. under Paragraph 2., Exclusions of Section I - 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 escape of "pollutants" at any time. (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 NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 6 of 11 (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." This exclusion does not apply to that portion of any "bodily injury" or "property damage" which is caused by a "pollution incident", subject to the limits of insurance set forth below in this endorsement, but only if the following conditions are met: (a) The commencement time and date of such "pollution incident" can be identified with certainty, and such "pollution incident' commences at a specific time and date during the policy period; (b) Such "pollution incident" is an accident and unintentional release, discharge, emission or escape of "pollutants," is sudden and accidental and is neither expected nor intended by any insured; (c) Such "pollution incident' is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same "pollutants" from essentially the same source within twelve (12) months of a previous discharge, dispersal, release or escape; (d) Such "bodily injury" or "property damage" is not caused or contributed to in any degree by any "pollution incident" that commenced prior to the beginning of the Policy Period shown in the Declarations; (e) Such "pollution incident' is discovered or otherwise becomes known to you within thirty (30) days of its commencement and is reported to us in writing within thirty (30) days after you first obtain knowledge of the "pollution incident'; (f) Such "pollution incident' did not result from or was not contributed to by your failure to comply with any government statute, rule, regulation, or order; 2. LIMITS FOR POLLUTION COVERAGE: The most we will pay for liability because of covered "bodily injury" and "property damage" caused by one or more "pollution incidents" shall not be greater than $100,000 in the aggregate per policy period. For the purpose of mitigating further "bodily injury" or "property damage" caused by a covered "pollution incident," $ 100,000 may be applied to costs or expenses incurred by any insured for cleaning up, removing or containing a covered "pollution incident' on the particular part of real property upon which the operations of the insured are conducted. This amount shall not be in addition to the limits set forth above, but such amounts shall reduce such applicable limits. When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or pay such damages or defense expense. This coverage does not apply to Coverage B - Personal And Advertising Injury Liability. 3. NON -EXTENSION OF COVERAGE: The only coverage provided under this policy for liability in any way relating to, or caused by, any "pollution incident" is that which is set forth in this endorsement. 4. DEFINITIONS All provisions of the POLICY DEFINITIONS portion of this insurance remain unchanged except as modified by the following: For purposes only of the coverages addressed in this endorsement, the definition of "property damage" is replaced with the following: "Property Damage" means: a. Physical Injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured, destroyed or contaminated but has been evacuated, withdrawn from use or rendered inaccessible because of a "pollution incident." c. Any loss, cost, or expense which you become legally obligated to pay, provided that you receive notice asserting such obligation during the policy period or within 30 days thereafter, and provided further that such 'loss," cost or expense arises out of: (1) A request, demand or order that any insured or others test for, monitor, clean-up, remove, contain, NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 6 of 11 treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants;" or (2) A claim or legal proceeding by or on behalf of a governmental authority for payments because of testing for, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants." 'Pollution Incident' means an 'occurrence" consisting of any actual emission, discharge, release, or escape of any "pollutant' into or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, provided that such emission, discharge, release or escape results in "environmental damage." The entirety of any such actual emission, discharge, release or escape shall be deemed to be one "pollution incident." 'Pollutant' means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste and saline substances. Waste includes materials to be recycled, reconditioned or reclaimed. "Environmental Damage" means any injurious presence actually in or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, of any "pollutant." SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. SUPPLEMENTARY PAYMENTS- COVERAGES A AND B is amended as follows: a. To read SUPPLEMENTARY PAYMENTS -ALL COVERAGES b. The following language is added at the end of Paragraph 1. However, we shall have none of the duties set forth above when this insurance applies only for Coverage D., Coverage E., or both, and we have paid the Limit of Liability or the Aggregate Limt for these additional coverages. c. Bail Bonds Paragraph 1.b. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. Loss of Earnings Paragraph 1.d. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: 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 II -WHO IS AN INSURED A. The following changes are made to SECTION II -WHO IS AN INSURED 1. Extended Reporting Requirements Paragraph 3.a. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; B. The following provisions are added to SECTION II - WHO IS AN INSURED: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 7 of 11 4. Additional Insured -Owners, Lessees or Contractors- Automatic Status When Required In Construction or Service Agreement With You Each of the following is an insured: a. 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 that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: (1) Your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or (2) "Your work" specified in the "written contract' but only for "bodily injury", "property damage" or "personal and advertising injury" included in the "products -completed operations hazard"; However, the insurance afforded to such additional insureds described in Paragraphs a. and b. above, only applies to the extent permitted by law and will not be broader than that which you are required by the contract or agreement to provide for such additional insureds. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) '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: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 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 contract or agreement you have entered into with the additional insured; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 5. Additional Insured -Lessor of Leased Equipment- Automatic Status When Required In Lease Agreement With You Each of the following is an insured: a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 8 of 11 However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. 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. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: 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: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 6. Additional Insured - Managers or Lessors of Premises Each of the following is an insured: a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of 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, 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, the following is added to Section III -Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional ins ured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 7. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Each of the following is an insured: a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 9 of 11 in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: The insurance 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 services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. SECTION III - LIMITS OF INSURANCE A. Paragraphs 2., 3., and 6. of SECTION III - LIMITS OF INSURANCE are replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard'; and c. Damages under Coverage B; and d. Damages under Coverage G. e. Damages under Coverage H. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage F. 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, explosion, lightning, or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added to SECTION III - LIMITS OF INSURANCE: 8. Aggregate Limits of Insurance ( Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 9. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your "construction projects" away from premises owned by or rented to you. "Construction Project" means "your work" conducted according to a single plan. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 10 of 11