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HomeMy WebLinkAbout062707-R1 - Construction-Related - Contract - The Fain Group, Inc.Contract Renewal Page 1 of 2 CITY OF FORT WORTH CONTRACT RENEWALNOTICE , 2025 Re:Contract Renewal Notice - 1 st Renewal 2024 Paving Improvements Unit Price Construction Contract Contract CSC No. 62707 (the "Contract") Original Contract Amount: $3,000,000.00 The above-referenced contract with the City of Fort Worth, as renewed and amended, expires with the expenditure of funds. The funds for the contract have been expended or programmed. This letter is to inform you that the City has appropriated funding and is exercising its right to renew the contract for an amount up to $3,000,000.00, which will be effective immediately upon execution by the designated Assistant City Manager. All other terms and conditions of the contract, as amended, remain unchanged. Please verify that the original payment, performance, and maintenance bonds remain active or, if retired, provide updated bonds when you return this letter. Please sign in the space indicated below and return this document, along with a copy of your current insurance certificate, to the undersigned. Please log onto PeopleSoft Purchasing at http://fortworthtexas.gov/purchasing to ensure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Engineering Manager (817) 392-8021 P.O Box 164308 Fort Worth, TX 76161 The Fain Group, Inc. Attn: Larry Frazier Contract Renewal Page 2 of 2 ACCEPTED AND AGREED: CITY OF FORT WORTH By: Name: Jesica McEachern Title: Assistant City Manager CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Date:______ APPROVAL RECOMMENDED: By: Name: Fanta Kaba, P.E, PTOE Title:Sr. Professional Engineer APPROVED AS TO FORM AND LEGALITY: By:_________ Name: Lauren Prieur Title: Director, Transportation & Public Works Department By: Name: Douglas. W. Black Title: Sr. Assistant City Attorney ATTEST: AUTHORIZATION: M&C: 24-1081 Date Approved: 12/10/2024 By: Name: Jannette S. Goodall Title: City Secretary Form 1295Certification No.:2024-1208292 CONTRACTOR: Date: City of Fort Worth, Mayor and DATE: 12/10/24 Texas Council Communication M&C FILE NUMBER: M&C 24-1081 LOG NAME: 202024 PAVING IMPROVEMENTS UNIT PRICE CONSTRUCTION CONTRACT SUBJECT (ALL) Authorize Execution of a Unit Price Contract with The Fain Group, Inc. in the Amount of $3,000,000.00 for Task Order Construction Services for the Installation of Projects Relating to Paving Improvements at Various Locations (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of a unit price contract with The Fain Group, Inc. in the amount of $3,000,000.00 for task order construction services for installing paving improvements on an as-needed basis, with up to one renewal. DISCUSSION: The purpose of this Mayor Council Communication (M&C) is to authorize execution of a unit price contract with The Fain Group, Inc. This contract will provide construction services on an as-needed (task order) basis for the construction of capital projects relating to paving improvements at various locations across the City. The contract amount is capped at $3,000,000.00. This contract may be renewed up to one (1) additional term based on the expiration or complete programming of contract funds under the same terms, conditions, and unit prices. The project was bid in a low bid format to determine unit prices to be paid when task orders are issued. The project was advertised for bid on August 15 and August 22, 2024. On September 12, 2024, the following bid was received: Bidder Bid Amount The Fain Group, Inc. $2,364,351.32 The unit prices were compared to those of similar projects and determined to be fair and competitive. Task orders will be paid at the established unit prices. Projects initially identified include: The Fort Worth & Western Railroad (FWWR) at Mistletoe Group Quiet Zones railroad crossings project (City Project No. 101863), the Union Pacific Railroad (UPRR) at Kellis Group Quiet Zones project (City Project No. 101866), and other projects as they are identified. These task order contracts will serve current and future capital projects as needed, and a funds availability verification will be performed by Transportation & Public Works Contract Compliance Managers prior to task order assignment. The Business Equity Division placed a 13% business equity goal on this solicitation/contract. The Fain Group, Inc., has agreed/committed to utilize 13% business equity subcontractor participation for the scope of work, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as appropriated, in the 2018 Bond Program Fund and various capital project funds to support the approval of the recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office bk Jesica McEachern 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 �of� Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2024-1208292 The Fain Group, Inc. Fort Worth, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/30/2024 being filed. Clty of Fort Worth Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 24-0275 minor intersection roadway improvements, curb and gutter, medians, pavement marking and signing, railroad safety improvements, concrete sidewalk, and curb ramps. 4 Nature ofinterest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary The Fain Group, Inc., Larry Frazier Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My �ame ;S Larry Frazier , and my date of birth is My address is 2500 Great Southwest Pkwy. Fort Worth TX 76106 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Execu[ed in Tarrant counry, state of TeXBS , on tne12th day or September 20 24 (month) (year) S gnatur of authorized agent of contracting business entity i (Declarant) Forms provided by Texas Ethics Commission www. thics.state.tx.us Version V4.1.0.48da51f7 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE Section I— Covered Autos Paragraph C. Certain Trailers, Mobile Equipment, and Temporary Substitute Autos is amended by adding the following: If Physical Damage Coverage is provided by 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 breakdown, repair, servicing, "loss" or destruction. The coverage provided is the same as the coverage provided for the vehicle being replaced. B. BLANKET ADDITIONAL INSUREDS The Who Is An Insured provision under Section II — Covered Autos Liability Coverage is amended to include the following as an "insured": 1. Any person or organization whom you have agreed in a written contract or agreement to name as an additional "insured" under your "auto" Policy to provide "bodily injury" or "property damage" coverage, but only with respects to liability arising out of the use of a covered "auto" you own, hire or borrow and resulting from the acts or omissions by you, any of your "employees" or agents. The insurance afforded to such additional "insured" will not be broader than that which you are required to provide for such additional "insured" and applies only to a written contract executed prior to the "bodily injury" or "property damage" and is still in force at the time of the "accidenY'. 2. With respect to the insurance afforded to the additional "insured" described above, the following is added to Section — C. Limit Of Insurance Covered Autos Liability Coverage: (2) Available under the applicable Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations; whichever is less. C. EMPLOYEES AS INSUREDS The following is added to the Section II — Covered Autos Liability Coverage, Paragraph A.1. Who Is An Insured provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. EMPLOYEE HIRED AUTOS 1. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions Paragraph 5.b. of the Other Insurance in the Business Auto Coverage Form is amended by the addition of the following: For Hired Auto Physical Damage Coverage any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section II — Covered Autos Liability Coverage, A.1. Who Is An Insured is amended by adding the following: The most we will pay on behalf of the additional Any organization which you acquire or form after "insured" is the amount of insurance: the effective date of this Policy in which you (1) Required by the written contract or maintain ownership or majority interest. However: agreement described above, or CA7450(2-22) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 5 (1) Coverage under this provision is afforded only up to 180 days after you acquire or form the organization, or to the end of the Policy period, whichever is earlier. F. SUBSIDIARIES AS INSUREDS Section II — Covered Autos Liability Coverage, A.1. Who Is An Insured is amended by adding the following: Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this Policy. However, "insured" does not include any subsidiary that is an "insured" under any other automobile liability Policy or was an "insured" under such a Policy but for termination of that Policy or the exhaustion of the Policy's limits of liability. G. SUPPLEMENTARY PAYMENTS Section II — Covered Autos Liability Coverage, A.2.a. Coverage Extensions, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $5,000 for (including bonds violations) required we cover. We do bonds. the cost of bail bonds for related traffic law because of an "accidenY' not have to furnish these (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. H. FELLOW EMPLOYEE COVERAGE In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by workers compensation exclusivity rule, or similar protection. The following provision is added: Subparagraph 5. of Paragraph B. Exclusions in Section II — Covered Autos Liability Coverage does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. I. TOWING AND LABOR Section III — Physical Damage Coverage, A.2. Towing And Labor is replaced with the following: We will pay for Towing And Labor costs incurred, subject to the following: a. Up to $100 each time a covered "auto" that is a private passenger type is disabled; or b. Up to $500 each time a covered "auto" other than the private passenger type is disabled. However, the labor must be performed at the place of disablement. J. LOCKSMITH SERVICES Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto" deductible is waived for these services. K. TRANSPORTATION EXPENSES The Section III — Physical Damage Coverage, A.4. Coverage Extensions Subparagraph a. Transportation Expenses is replaced by the following: (1) We will pay up to $75 per day to a maximum of $2,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause 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 expirations, when the covered "auto" is returned to use or we pay for its "loss". (2) If the temporary transportation expenses you incur arise from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of the same like, kind and quality as the stolen covered "auto". L. ELECTRONIC EQUIPMENT COVERAGE ADDED LIMITS All electronic equipment that reproduces, receives or transmits audio, visual, or data signals in any one "loss" is $5,000, in addition to the sublimit in Paragraph C.1.b. of the Limits Of Insurance provision under Section III — Physical Damage Coverage. M. HIRED AUTO PHYSICAL DAMAGE Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision Coverage is provided for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow is deemed to be a covered "auto" you own, subject to the following limit and deductible: (1) The most we will pay for loss to any leased, hired, rented or borrowed "auto" is the lesser of up to a limit of $100,000, Actual Cash Value or Cost of Repair, minus the deductible. (2) The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. (3) Subject to the above limit and deductible provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will pay up to $1,000, in addition to the limit above, for Loss Of Use of a hired auto to a leasing or rental concern for a monetary loss CA7450(2-22) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 5 sustained, provided it results from an "accident" for which you are legally liable. However, coverage does not apply to any "auto" leased, hired, rented or borrowed in your Motor Carrier Operations and any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". N. AUTO LOAN/LEASE GAP COVERAGE Section III — Physical Damage Coverage Paragraph A.4. Coverage Extensions is amended by the addition of the following: Autos of the private passenger, light or medium trucks that are loaned or leased for a period of six months or longer and which have been provided Physical Damage Coverage is a covered "auto" under this Policy for which a premium charge has been made for Comprehensive, Specified Cause of Loss, or Collision Coverage. We will pay any unpaid amount due up to a limit of $10,000 on the lease or loan for a covered "auto", including up to a maximum of $500 for early termination fees or penalties, on the lease or loan for a covered "auto", less: 1. The amount paid under the Policy's Physical Damage Coverage; and 2. Any: a. Overdue or any deferred lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. The insurance provided by this Auto Loan/Lease Gap Coverage is excess over any other collectible insurance including but not limited to any coverage provided by or purchased from the lessor or any financial institution. O. PERSONAL PROPERTY OF OTHERS Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for loss to Personal Property Of Others in or on your covered "auto" in the event of a covered "auto" loss. No deductibles apply to this coverage. P. PERSONAL EFFECTS COVERAGE Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for "loss" to your Personal Effects not otherwise covered in the Policy or, if you � R. are an individual, the Personal Effects of a family member, that is in the covered auto at the time of the "loss". For the purposes of this extension Personal Effects means tangible property that is worn or carried by an insured including portable audio, visual, or electronic devices. Personal Effects does not include tools, jewelry, guns, money and securities, or musical instruments. EXTRA EXPENSE FOR STOLEN AUTO Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $1,000 for the expense incurred returning a stolen covered "auto" to you because of the total theft of such covered "auto". Coverage applies only to those covered "autos" for which you carry Comprehensive or Specified Causes Of Loss Coverage. RENTAL REIMBURSEMENT EXPENSES Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: 1. This coverage applies only to a covered "auto" for which Physical Damage Coverage is provided on this Policy. 2. We will pay for Rental Reimbursement Expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the Policy period 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. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred; or b. $75 per day, subject to a$2,250 limit. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your Rental Reimbursement Expenses which is not already provided for under the Physical Damage — Transportation Expense CA7450(2-22) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 5 Coverage Extension included in this endorsement. 7. Coverage provided by this extension is excess over any other collectible insurance and/or endorsement to this Policy. S. VEHICLE WRAPS COVERAGE Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: 1. This coverage applies only to a covered "auto" for which Physical Damage Coverage is provided on this Policy. 2. Vehicle wraps that are damaged are covered at the lessor of replacement cost or the original purchase cost of the vehicle wrap, whichever is less, up to $2,000. This coverage does not apply to wear and tear. T. AIRBAG COVERAGE Section III — Physical Damage Coverage, B.3.a. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this Policy, the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. U. NEW VEHICLE REPLACEMENT COST 2. Regardless of the number of covered "autos" damaged or stolen the maximum deductible applicable for all "loss" in any one event caused by: a. Theft or Mischief or Vandalism; or b. All Perils c. Collision Will be equal to two times the highest deductible applicable to any one covered "auto" on the Policy for Comprehensive, Specified Causes of Loss or Collision Coverage. The application of the highest deductible used to calculate the maximum deductible will be made regardless of which covered "autos" were damaged or stolen in the "loss". W. FULL GLASS COVERAGE Section III — Physical Damage Coverage, D. Deductible is amended by the addition of the following: If the Comprehensive Coverage applies to the covered "autos", no Comprehensive Coverage Deductible applies to the cost of repairing or replacing damaged glass on the covered "auto(s)". X. PHYSICAL DAMAGE DEDUCTIBLE — VEHICLE TRACKING SYSTEM Section III — Physical Damage D. Deductible is amended by adding the following: The following is added to Paragraph C. Limit Of Insurance of Section III — Physical Damage Coverage In the event of a total "loss" to a covered "auto" you own of the private passenger type or vehicle having a gross vehicle weight of 20,000 pounds or less, to which this coverage applies, we will pay to replace Y• such covered "auto", minus any applicable deductible shown in the Declarations, at your option: a. The verifiable new vehicle purchase price you paid for your damaged vehicle, not including any insurance or warranties. b. The purchase price, as negotiated by us, of a new vehicle of the same make, model, and equipment, or most similar model available, not including any furnishings, parts, or equipment not installed by the manufacturer or their dealership. c. The market value of your damaged vehicle, not including any furnishings, parts, or equipment not installed by the manufacturer or their dealership. We will not pay for initiation or set up costs associated with a loans or leases. For the purposes of this coverage extension a new covered auto is defined as an "auto" of which you are the original owner that has not been previously titled which you purchased less than 180 days prior to the date of loss. V. LOSS TO TWO OR MORE COVERED AUTOS FROM ONE ACCIDENT Section III — Physical Damage Coverage, D. Deductible Subparagraph 2. is replaced by the following: Comprehensive Coverage Deductible shown in the Declaration will be reduced by 50% for any "loss" caused by theft of the vehicle when equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS Section IV — Business Auto Conditions, A.2. Duties In The Event Of Accident, Claim, Suit Or Loss is amended by adding the following: Your obligation to notify us promptly of an "accidenY', claim, "suit" or "loss" is satisfied if you send us the required notice as soon as practicable after your Insurance Administrator or anyone else designated by you to be responsible for insurance matters is notified, or in any manner made aware, of an "accidenY', claim, "suiY' or "loss". Z. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY Subparagraph 5. of Paragraph A. Loss Conditions of Section IV — Business Auto Conditions is deleted in its entirety and replaced with the following. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, we waive any right of recovery we may have against any person, or organization with whom you have a CA7450(2-22) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 5 written contract, agreement or permit executed prior to the "loss" that requires a waiver of recovery for payments made for damages arising out of your operations done under contract with such person or organization. AA. PRIMARY AND NONCONTRIBUTORY — OTHER INSURANCE CONDITION Section IV — Business Auto Conditions, B. General Conditions, 5. Other Insurance c. is replaced by the following: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your Policy provided that: 1. Such "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 such "insured". However, coverage does not apply to any "auto" leased, hired, rented or borrowed in your Motor Carrier Operations and any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". AB. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV — Business Auto Conditions, B.2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: If you unintentionally fail to disclose any exposures existing at the inception date of this Policy, we will not deny coverage under this Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. AC. MENTAL ANGUISH Section V— Definitions, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. AD. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CA7450(2-22) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 5 COMMERCIAL AUTO BLANKET ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY - REQUIRED IN WRITTEN CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Section II — Covered Autos Liability Coverage, B. With respect to the insurance afforded to these Item A.1. Who Is An Insured is amended to additional insureds, the following is added to include as an additional "insured": Paragraph C. Limit Of Insurance of Section II: 1 2. Any person or organization who you become obligated to include as an additional insured under this "auto" Policy, as a result of any written contract or agreement you enter into, which requires you to furnish insurance to that person or organization of the type provided by this policy but only with respect to "auto" liability arising out of your ongoing operations or premises owned by or rented to you. Any other person or organization you are required to include as an additional insured under this "auto" Policy as an additional insured under a contract or agreement described in Paragraph 1. above. The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1. or A.2.; or 2. Available under the applicable Limits Of Insurance shown in the Declarations for: Auto Liability; Such person(s) or organization(s) is an additional insured only with respect to "auto" liability for "bodily injury", or "property damage" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of ongoing operations; or 2. In connection with your premises owned or rented to you. However, the insurance afforded to such additional insured described above: 1. Only applies to the extent permitted by law; 2. Only applies if the contract or agreement is in effect during the policy period; 3. Only applies if the "bodily injury" or "property damage" occurs after you and such party have executed the contract or agreement; and 4. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. C. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (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. D. All other terms and conditions of this policy remain unchanged. CA7479 (2-22) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION CONTRACT - PRIMARY AND NONCONTRIBUTORY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section II — Who Is An Insured is amended to d include as an additional insured: 1. Any person or organization for whom you are B. performing operations when you and such person or organization have agreed in a written contract that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of: a. your ongoing operations for the additional insured; or b. "Your work" for the additional insured and included in the "products — completed operations hazard" but only if: (1) A written contract requires you to provide such coverage to such additional insured; and (2) The coverage form to which this endorsement is attached provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the contract to provide for such additional insured. c. Only applies if the "bodily injury", "property damage" or "personal and advertising injury" takes place subsequent to the execution of such written contract; and Only applies while such written contract is in force. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 1. This 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 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, engineering or surveying 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. 2. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on the behalf of the additional insured. However, if a written contract requires you to defend or indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to what is required in such written contract. 3. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage form. CG7650(10-13) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. E. All other terms and conditions of this policy remain unchanged. CG7650(10-13) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT — AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Form CG7429 (Ed. 11-98) Copyright, Insurance Services Office, Inc., 1984 0 X � utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 4Z O3 O4 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 2/1/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0002073049 of Texas Mutual Insurance Company effective on 2/1/25 Issued to: THE FAIN GROUP INC NCCI Carrier Code: 29939 This is not a bill .�lY�.� �� Authorized representative 1 /29/25 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com �(800) 859-5995 � Fax (800) 359-0650 WC 42 03 04 B FORT�ORTH� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: The Fain Group, Inc. Subject of the Agreement: 2024 Pavina Improvements Unit Price Construction Contract - Renewal #1 Notice M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment nuinber. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No � If only specific information is Confidential, please list what information is Confidential and the page it is located. 1295 Form is attached (page 5) per the comment below and a current insurance certificate will be attached toward the end of the document. Please redact both from the CSO website. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes 8 No ❑ '�If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes � No ❑ Contracts need to be routed for CSO processing in the followin o� 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.