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065308 - Construction-Related - Contract - Northstar Construction, LLC
CSC No. 65308 FORT WORTH:, CONTRACT FOR THE CONSTRUCTION OF SMILEY PARK City Project No. 101405 Mattie Parker Jesus "Jay" Chapa Mayor City Manager Teresa Thomason Deputy Director, Park and Recreation Department Prepared for The City of Fort Worth Park & Recreation Department 17 December 2025 LandDesign 5217 Alpha Road, Suite 140 Dallas, TX 75240 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH, City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 9 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 00 11 13 Invitation to Bidders 02/08/2024 0021 13 Instructions to Bidders 09/01/2025 0035 13 Conflict of Interest Statement 09/19/2025 00 41 00 Bid Form 09/19/2025 00 42 43 Proposal Form Unit Price 09/19/2025 0043 13 Bid Bond 09/19/2025 00 43 37 Vendor Compliance to State Law Nonresident Bidder 09/19/2025 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 41 Small Business Goal 09/01/2025 00 52 43 Agreement 09/19/2025 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 0061 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 09/01/2025 00 73 00 Supplementary Conditions 09/19/2025 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 2500 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 09/01/2025 01 3120 Project Meetings 07/01/2011 0132 16 Construction Schedule 10/06/2023 01 32 33 Preconstruction Video 07/01/2011 01 3300 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 4523 Testing and Inspection Services 03/09/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Si na e 07/01/2011 01 6000 Product Requirements 03/09/2020 01 6600 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 7123 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 7823 Operation and Maintenance Data 12/20/2012 01 7839 Project Record Documents 07/01/2011 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO. 101405 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 9 Date Division 02 - Existing Conditions Modified 0241 13 Selective Site Demolition 12/11/2025 n2 n , , n n2 n , , c vz--�-r i� Division 03 - Concrete Division 09 - Finishes 0991 13 1 Exterior Painting 12/12/2025 Division 22 - Plumbing 22 05 23 General Duty Valves for Plumbing Piping 12/12/2025 22 11 16 Domestic Water Piping 12/12/2025 2211 19 Domestic Water Piping Specialties 12/12/2025 22 47 16 Pressure Water Coolers 12/12/2025 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 12/12/2025 2605 19 Low -Voltage Power Conductors and Cables 12/12/2025 26 05 26 Grounding and Bonding 12/12/2025 26 05 33 Raceways and Boxes 12/12/2025 26 05 43 Underground Ducts and Raceways 12/12/2025 26 05 53 Identification 12/12/2025 26 24 16 Panelboards 12/12/2025 26 27 26 Wiring Devices 12/12/2025 2628 16 1 Enclosed Switches and Circuit Breakers 12/12/2025 2656 19 1 LED Exterior Lighting 12/12/2025 Division 31- Earthwork 31 1000 Site Clearing 12/12/2025 3123 16 Unclassified Excavation 12/12/2025 9 1-� Beffew 31 24 00 Embankments 12/12/2025 3r� Z -36-N Gftbieffs � , 3; nn �-r �-r-vv L1V1SIOn 3L - Extenor improvements 4-2-vrTr n, , s 4z-2 -orTa n 1 1 0 32 01 29 Concrete Paving Repair 12/12/2025 32 11 37 7ZTl�T CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO. 101405 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 9 37 ,21ti Asphalt Paviffg 4247 73 4MI ,3 ,4 32 1320 Concrete Sidewalks, and Barrier Free Rams 12/12/2025 37 13 73 �� 2 , , 1 ti 3� 3 2 , - 2- 3 2q-2- 32 18 16.13 Pla round Protective Surfacing 12/12/2025 32 3') , 3 Cast in Plaee Gener-ete Retaining Walk 3233 00 Site Furnishings 12/12/2025 37 n1 1n az�r-ram 3 92 i3 2 92,n Non Native Seed4fig 2 92 ,c 4--r ---ram Division 33 - Utilities MASON .. . ■ - EIV-12 Elm •_ wil FIRM — CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO. 101405 Revised .Tune 7. 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 9 CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO. 101405 Revised .Tune 7. 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 9 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: http://fortworthtexas.gov/tpw/contractors/ or https:Happs.fortworthtexas.2ov/Proi ectResources/ [Only list the Standard Specifications the Engineer has determined are appropriate for this specific project and strike through the Specifications not applicable to the project.] Division 02 - Existing Conditions Last Revised r» n i i n i � i-20/20 2 vz-rrz� rcravrsvzz 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03/11/2022 n� �n i� i2 O1 42 v�-�--i�-rz-rz-vrrvrt 03 -rGenefeter42,120/2042 Division 26 - Electrical Division 31- Earthwork 34-00-00 Site Gleafiffg n� i�z �2 1�rL3i� Beffew n t 470� 2&2013 ��rz4 vv EffibaftlH9 n 142 - 31 25 00 Erosion and Sediment Control 04/29/2021 34-� dens 12,420,420 31 37 00 Ri ra 12/20/2012 Division 32 - Exterior Improvements 7rvrrT ,420 z 2 n i i o 7a-vrTv 12420/201- r�i-avrrozz 27 0 �n �-orz� i�,2n/20i2 -rz�-zvrzvTr 32 1123 Flexible Base Courses 12/20/2012 32 1129 Lime Treated Base Courses 12/20/2012 3n�T nQi5 � in�4 �� �n 1�� --6 7�T3 �i i z 32 13 13 Concrete Paving 06/10/2022 CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO. 101405 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 9 Z2 - �n �z-r-zv i2moi20 -.z�v�rcozz , 32 13 73 Concrete Paving Joint Sealants 12/20/2012 4—',-o RAek 14114 Pffyiffg , 32 16 13 Concrete Curb and Gutters and Valley Gutters 12/09/2022 32 i- � c �-z--r,- 1� i i 04,/201 -.-n-vrrco-,4 3231 13 Chain Fences and Gates 12/20/2012 2'� � 1 26 Tc�rry Wife fe F-.Rees and r_.Aes 17'-2042n17 -rzrcvrz�rc �- �z 3232 13 Cast -in -Place Concrete Retaining Walls 06/05/2018 3291 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 3292 13 Sodding 05/13/2021 ��m in 7L �L�1T nvi3i2mi �-�E�LT 32 92 i cNati-vein�� 3293 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO. 101405 Revised .Tune 7. 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 9 1 io .. .. • .MMINIM .. .. ir _ ■ .. . _ .. _ ■ . _ .. IPWAWAM .IFFRPROSMIMP Appendix CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO. 101405 Revised .Tune 7. 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 8 of 9 Subsurface and Physical Conditions GC-4.02 GC-6.06.1) Small Business Utilization Form 9/18/2025 GC-6.07 Wage Rates - 2013 GC-6.09 GG 6.z4 Permits and Utilities Nend ser-ifnina4ien END OF SECTION CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO. 101405 Revised June 7, 2024 City of Fort Worth, Mayor and DATE: 05/12/26 Texas Council Communication LOG NAME: 80SMILEY PARK IMPROVEMENTS SUBJECT M&C FILE NUMBER: M&C 26-0344 (CD 8) Authorize Execution of a Contract with Northstar Construction, LLC, in the Amount of $1,334,995.00 for the Smiley Park Improvements Project, Adopt Appropriation Ordinance, and Amend the Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with Northstar Construction, LLC, in the amount of $1,334,995.00 for the Smiley Park Improvements project (City Project No. 101405); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Dedication Fees Fund, Neighborhood Improvement Strategies Programmable project (City Project No. P00080) in the amount of $600,000.00, from available Central City Fees within the Neighborhood Park Unit 4.4-2 (City Project No. UN8105), 4.5-2 (City Project No. UN8110), and 4.5-3 (City Project No. UN8111), for the purpose of funding the Smiley Park Improvements project; and 3. Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to reject the bids of six apparent low bidders and authorize execution of a construction contract with Northstar Construction, LLC for the Smiley Park improvements. The project base bid items include the installation of new playground equipment, safety surface material, a pickleball court, fencing, a trellis structure, concrete sidewalks, an ADA ramp, exercise equipment, site furniture, a drinking fountain, tree plantings, and an irrigation system. This project was advertised for bid on February 18 and February 25, 2026, in the Fort Worth Star -Telegram. On March 19, 2026, the following bids were received and tabulated. BIDDER BASE BID RLM Earthco, Inc. $1,102,821.35 The Fain Group, LLC $1,191,050.00 North Rock Construction & Associates, LLC $1,191,883.81 L.J. Design & Construction, LLC $1,213,257.80 CGC General Contractors, Inc. $1,229,423.44 2L Construction, LLC Northstar Construction, LLC $1,257,800.40 $1,334,995.00 A &C Construction, Inc. $1,335,600.00 C. Green Scaping, LP $1,341,342.12 RatliffHandscape, Ltd. $1,626,140.00 None of the six lowest bidders met the City's Small Business goal. Staff recommends rejection of the bids for the six lower bidders listed above. Northstar Construction, LLC, met the City's Small Business goal of 30%. Northstar Construction, LLC, is a certified small business. Funding for this project was not included in the FY2026-2030 Capital Improvement Program due to unforeseen increases in construction costs. The action in this M&C will amend the FY2026-2030 Capital Improvement Program as approved in connection with Ordinance 27979-09- 2025. Funding is available in the Park Dedication Fees Fund, General Capital Projects Fund and the General Fund for the Park & Recreation Department for the purpose of funding the Smiley Park Improvements project. Smiley Park is in COUNCIL DISTRICT 8. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the PPD 4.4-2, PPD 4.5-2 and PPD 4.5-3 projects within the PARD Dedication Fees Fund and upon approval of the above recommendations and adoption of the appropriation ordinance, funds will be available in the PARD Dedication Fees Fund for the AC 18 - Smiley Park Imps project to support the execution of the contract. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office bW. Dana Burghdoff 8018 Originating Business Unit Head: Teresa Thomason 5708 Additional Information Contact: Scott Penn 5750 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2026-1442292 Northstar Construction, LLC Fort Worth, TX United States Date Filed: 04/02/2026 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth Date Acknowledged: 3 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. CPN: 101405 Construction of Smiley Park 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I intermediary Heimlich, Michael Keller, TX United States X Heimlich, Lucas Keller, TX United States X Downing, Joshua N. Richland Hills, TX United States X Martinez, Sandy Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Michael Heimlich and my date of birth is 01/19/1963 My address is 1230 Oak Trail Keller TX 76262 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas on the 2nd day of April 20 26 (month) (year) Z Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.b6ef2aab 0011 13 INVITATION TO BIDDERS Pagel of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of Smiley Park, CPN 101405 ("Project") will be received by the City of Fort Worth via the Procurement Portal https://fortworthtexas.bonfirehub.com/portaU?tab=openOpportunitiei, under the respective Project until 2:00 P.M. CST, Thursday, March 19, 2026. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST in the City Council Chambers. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: https://fortworthtexas. bonfirehub.com/portal/?tab=ol2enOpportunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non -responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en- us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. CITY OF FORT WORTH SMILEYPARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised 2/08/24 0011 13 INVITATION TO BIDDERS Page 2 of 3 To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] — Bonfire Vendor Support (gobonfire.com) GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: ■ Site clearing and grubbing ■ Earthwork and removal of excess cut ■ Subsurface drainage ■ Water connection and routing ■ Site electrical and lighting ■ Concrete pavement ■ Specialty pavement marking ■ Playground fall surfacing ■ Playground equipment ■ Exercise equipment ■ Site furnishings ■ Pickleball court with chain link fencing and gates ■ Sodding ■ Planting ■ Irrigation System installation DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=open0pl2ortunities, under the respective Project. Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting "yes" under the Intent to Bid section. All Addenda will be posted in the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=open0pl2ortunities, under the respective Project. PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: March 4th, 2026 TIME: 1:00 PM Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. CITY OF FORT WORTH SNIILEYPARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised 2/08/24 0011 13 INVITATION TO BIDDERS Page 3 of 3 If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from Property and Sales Taxes and reserved by the City for the Project. ADVERTISEMENT DATES February 18, 2026 February 25, 2026 END OF SECTION CITY OF FORT WORTH SNIILEYPARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised 2/08/24 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS Defined Terms Page 1 of 9 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 electronic 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. dr Pre -qualification of Bidders (Prime Contractors .and Subcontractors) • o--g'--o--e I • � � � • ♦ ♦ • 1 1 I INRN• ♦ ♦ • ♦ IN _ L _ 1 1 I 1 1 I aAu1raO 11111 1. 11 I WIN 0-1-M VI • • CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 EnROMP it =2 3.3. The City reserves the right to require any pr-e-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 lwequalification, 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: 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. CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 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. 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. CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.1.9.Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 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. 5. Availability of Lands for Work, Etc. CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 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 electrically through the Vendor Discussions section under the respective Project via the Procurement Portal httijs://fortworthtexas.bonfirehub.com/portal/?tab=open0pportunities on or before 2 p.m., the FRIDAY 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. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications shall be posted under the respective Project via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 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 Small Business Ordinance No. 27832-08-25, the City has established a goal for the participation of small businesses for City contracts $100,000 or greater. See Section 00 45 41 for the Project Goal and additional requirements. Failure to comply may render the Bidder non- responsive. 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. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. 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. CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 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. 13. Submission of Bids Bids shall be submitted electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal https://fortworthtexas.bonfirehub.com/portaU?tab=openOp2portunities. 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. CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 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. 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. CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 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 httus://www.ethics.state.tx.us/data/forms/1295/1295.udf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 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. ICU IZ�73.��C�71 Y [�7� CITY OF FORT WORTH SMILEY PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 101405 Revised/Updated September 1, 2025 003513 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent (hereinafter referred to as "You") to a City of Fort Worth procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIQ Form) and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) pursuant to state law. You are urged to consult with counsel regarding the applicability of these forms to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) https://www.eth ics.state.tx. us/data/forms/conflict/CIS. odf ❑ CIQ Form does not apply 0 CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply 0 CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary Northstar Construction, LLC 2112 Solona Street Fort Worth, Texas 76117 END OF SECTION By: Michael Heimlich Signature: 044.;4jQ f` "' ,U Title: President CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19, 2025 Bid Proposal Workbook - Northstar.xlsx 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Smiley Park City Project No.: 101405 Units/Sections: UNIT 1 BASE BID ITEMS - Smiley Park UNIT 1 ALTERNATE BID ITEMS - Smiley Park UNIT 2 ALTERNATE BID ITEMS - Allowance 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19, 2025 00 41 00 Bid Proposal Workbook - Smiley Park Rev 1.xlsx 0041 00 BID FORM Page 2 of 3 the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Qualification The Bidder acknowledges that the following work types must be performed only by qualified contractors and subcontractors: a. Concrete Paving Construction/Reconstruction (less than 15,000 sq yards) b. Roadway and Pedestrian Lighting c. Water and Sewer Improvements (Water) d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. Small Business Forms (required at time of bid) f. Qwalifieatlelci atateme + ceetle., 00 46 12 g. Conflict of Interest Affidavit, Section 00 35 13 `If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19, 2025 00 41 00 Bid Proposal Workbook - Smiley Park Rev 1.xlsx 0041 00 BID FORM Page 3 of 3 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. 6.3. Evaluation of Alternate Bid Items Total Base Bid Alternate Bid Total Bid 7. Bid Submittal This Bid is submitted on March, 19, 2026 Respectfully submitted, By: 0a4dQ i`f LiaKXt,�, (Signature) Michael A. Heimlich (Printed Name) Title: President Company: Northstar Construction, LLC Address: 2112 Solona Street Haltom City, TX 76117 State of Incorporation: Texas Email: mikeCcDnorthstar93.com Phone: (817) 244-8885 END OF SECTION $1,334,995.00 $131,701.55 $1,466,696.55 by the entity named below. Receipt is acknowledged of the following Addenda: Initial Addendum No. 1: NlAH Addendum No. 2: hJA11 Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19, 2025 00 41 00 Bid Proposal Workbook - Smiley Park Rev 1.xlsx 00 42 43 BID PROPOSAL Page 1 of 2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No Section No. Measure Quantity BASE BID UNIT 1 BASE BID ITEMS - SMILEY PARK 1 Construction Staking and Survey 01 71 23 LS 1 $15,000.00 $15,000.00 2 Mobilization to Site 01 7000 LS 1 $66,000.00 $66,000.00 3 Concrete Sidewalk and Curb Cut Removal 31 0000 SF 980 $2.80 $2,744.00 4 Existing Fence Removal 31 0000 LF 550 $4.00 $2,200.00 5 Clearing and Grubbing of Vegetation 31 0000 SF 36,600 $0.35 $12,810.00 6 On Site Grading 31 91 13 LS 1 $140,000.00 $140,000.50 7 Berms 31 91 13 CY 300 $44.00 $13,200.00 8 Playground Drainage System Provide complete subsurface and perimeter drainage system beneath PIP playground surfacing, including drainage base, perimeter drain, piping or drainage strip, and connection to outlet, per plans and manufacturer requirements. 33 46 00 LS 1 $10,600.00 $10,600.00 9 Decomposed Granite 321540 SF 1760 $8.15 $14,344.00 10 Concrete Paving 32 13 13 SF 10,600 $12.00 $127,200.00 11 Playground Surfacing 32 18 16 SF 5,838 $38.00 $221,844.00 12 ADA Pedestrian Entrance Ramp 321320 EA 1 $1,200.00 $1,200.00 13 Soil Conditioning and Amendment See Drawing SF 16,356 $0.50 $8,178.00 14 6" Quercus Shumardii 32 93 43 EA 5 $1,900.00 $9,500.00 15 6" Ulmus Parvifolia 329343 EA 6 $1,900.00 $11,400.00 16 50 Gallon Ilex Vomitoria " Pride of Houston" 32 93 43 EA 2 $1,000.00 $2,000.00 17 50 Gallon Vitex Agnus - castus 32 93 43 EA 13 $750.00 $9,750.00 18 SOD: Bermuda Grass 32 92 13 SF 16,356 $1.00 $16,356.00 19 Grass Establishment 32 92 13 SF 16,356 $0.25 $4,089.00 20 Irrigation Tree Bubbler System See Drawing EA 52 $420.00 $21,840.00 21 Yard Hydrants See Drawing EA 4 $160.00 $640.00 22 Trellis Structure See Drawings EA 1 $129,000.00 $129,000.00 23 Trash Receptacles 32 33 00 EA 3 $1,630.00 $4,890.00 24 Benches 32 33 00 EA 4 $2,500.00 $10,000.00 25 Grills See Drawings EA 2 $730.00 $1,460.00 26 Picnic Table 32 33 00 EA 3 $2,250.00 $6,750.00 27 Bike Racks 32 33 00 EA 1 $1,200.00 $1,200.00 P8 Outdoor Fitness Equipment See Drawings EA 3 $7,430.00 $22,290.00 29 Spinners See Drawings EA 4 $2,830.00 $11,320.00 30 Carousels (Accessible) See Drawings EA 1 $36,000.00 $36,000.00 31 Springer See Drawings EA 3 $6,000.00 $18,000.00 32 Playberms See Drawings EA 1 $56,000.001 $56,000.00 33 Enbankment Slide See Drawings EA 2 $11,000.00 $22,000.00 34 Gon Half Balls See Drawings EA 15 $1,280.00 $19,200.00 35 Drinking Fountain 32 33 00 EA 1 $23,500.00 $23,500.00 36 Caterpillar Alphabet Graphic 32 17 23 EA 1 $16,000.00 $16,000.00 37 Riding Path Striping 32 17 23 EA 1 $2,000.00 $2,000.00 38 Multi -sports Court Striping 321723 EA 1 $16,500.00 $16,500.00 39 Sports Court Fencing 3231 13 LF 176 $65.00 $11,440.00 40 Sports Court Gate 3231 13 LS 1 $1,450.00 $1,450.00 41 Lauder Stone Benches See Drawings EA 10 $1,000.00 $10,000.00 42 Basketball Hoop and post See Drawings EA 1 $3,700.00 $3,700.00 43 Retractable Pickleball Net See Drawings EA 1 $4,500.00 $4,500.00 44 Pet waste Station See Drawings EA 1 $700.001 $700.00 45 Pedestrian Lighting 32 33 00 EA 16 $11,000.00 $176,000.00 46 Task Lighting 32 33 00 EA 6 $1,860.00 $11,160.00 47 GFI Receptacle and Box 32 33 00 EA 2 $1,150.00 $2,300.00 48 GFI Pedestal 32 33 00 EA 1 $6,740.00 $6,740.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19. 2025 00 4100 Bid Proposal Workbook - Smiley Pak Rev 1. 00 42 43 BID PROPOSAL Page 2 or 2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No Section No. Measure Quantity UNIT 1 BASE BID ITEM TOTAL $1,334,995.00 ALTERNATE BIDS UNIT 1 ALTERNATE BID ITEMS - SMILEY PARK 1 Decomposed Granite 321540 SF 625 $8.20 $5,125.00 2 Engineered Wood Fiber Mulch See Drawing SF 1738 $15.50 $26,939.00 3 Plant SOD: Bermuda Grass (Deduction) 3292 13 SF 2,363 $0.90 -$2,126.70 4 Grass Establishment (Deduction) 3292 13 SF 2,363 $0.25 -$590.75 5 Drainage System for Wood Fiber Playground Area 33 46 00 LS 1 $7,400.00 $7,400.60 6 Concrete Curb for Wood Fiber Playground Area 32 1613 LF 130 $40.00 $5,200.00 7 ADA Inside Ramp for Wood Fiber Playground Area 3216 13 SF 150 $18.00 $2,700.00 8 Trash Receptacle 32 33 00 EA 1 $1,630.50 $1,630.00 9 Gaga Ball Pit See Drawing EA 1 $8,200.00 $8,200.00 10 Swingset See Drawing EA 1 $13,000.00 $13,000.00 11 Boulders See Drawing EA 5 $450.00 $2,250.00 12 Steel Edging See Drawing LF 75 $13.00 $975.00 UNIT 1 ALTERNATE BID ITEM TOTAL $70,701.55 UNIT 2 ALTERNATE BID ITEMS - ALLOWANCE 1 Smiley Park Allowance NA LS 1 $1,000.00 $1,000.00 2 Smiley Park Allowance NA LS 1 $2,500.00 $2,500.00 3 Smiley Park Allowance NA LS 1 $5,000.00 $5,000.00 4 Smiley Park Allowance NA LS 1 $7,500.00 $7,500.00 5 Smiley Park Allowance NA LS 1 $10,000.00 $10,000.00 6 Smiley Park Allowance NA LS 1 $15,000.00 $15,000.00 7 Smiley Park Allowance NA LS 1 1 $20,000.001 $20,000.00 UNIT 2 ALTERNATE BID ITEM TOTAL $61,000.00 BID SUMMARY BASE BIDS UNIT 1 BASE BID ITEMS - SMILEY PARK 1 $1,334,995.00 BASE BID TOTAL $1,334,995.00 ALTERNATE BIDS UNIT 1 ALTERNATE BID ITEMS - SMILEY PARK $70,701.55 UNIT 2 ALTERNATE BID ITEMS - ALLOWANCE $61,000.00 ALTERNATE BID TOTAL $131,701.55 BASE + ALTERNATE BIDS UNIT 1 BASE + UNIT 1 ALTERNATE BID ITEMS - SMILEY PARK $1,405,696.55 UNIT 2 ALTERNATE BID ITEMS - ALLOWANCE $61,000.00 BASE+ ALTERNATE BID TOTAL 1 $1,466,696.55 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19. 2025 00 41 00 Bid Proposal Workbook - Smiley Park Rev I SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 2 That we, Northstar Construction, LLC , known as "Bidder" herein and Amerisure Mutual Insurance Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as CPN# 101406 - Smiley Park NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and.shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 19th day of March 2026. PRINCIPAL: Northstar Construction, LLC Signature ATTEST: 'J Michael A. Heimlich, President Witness as to Principal Name and Title Address: 2112 Solona Street Fort Worth, Texas 76117 817-244-8885 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19, 2025 Bid Bond- Wit ess as to Ourety Attach Power of Attorney (Surety) for Attorney -in -Fact SURETY: Amerisure Mutual I BY: l\st. Steven Tucker, Attorney -in -Fact Name and Title Address: 2821 W. 7th Street #500 Fort Worth, TX 76107 Telephone Number: 817/336-8520 00 43 13 BID BOND Page 2 of 2 "Note. if signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19, 2025 Bid Bond- AMERISURE AMERISURE MUTUAL INSURANCE COMPANY ;SURETY AMERISURE INSURANCE COMPANY AMERISURE PARTNERS INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company are corporations duly organized under the laws of the State of Michigan (herein collectively the "Companies"), and that the Companies do hereby make, constitute and appoint: TRACY TUCKER, STEVEN TUCKER, KEVIN J. DUNN, W. LAWRENCE BROWN DOUGLASS A. REED, BENNETT BROWN AND ROBERTA H. ERB of Tucker Agency, Ltd. its true and lawful Attomey(s)-in Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge, for and on its behalf and as its act and deed, bonds or others writings obligatory in the nature of bond on behalf of each of said Companies, as surety, on contracts or suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED MILLION ($100,000,000.00) DOLLARS This Power of Attorney is granted and signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company at meetings duly called and held on February 17, 2022. "RESOLVED, that any two of the President & Chief Executive Officer, the Chief Financial Officer & Treasurer, the Senior Vice President Surety, the Vice President Surety, or the General Counsel & Corporate Secretary be, and each or any of them hereby is authorized to execute, a Power of Attorney qualifying the attorney -in -fact named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that President & Chief Executive Officer, Chief Financial Officer & Treasurer or General Counsel & Corporate Secretary each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to anycertificate relating thereto electronically/digitally or by facsimile, and any such Power of Attorney or certificate bearing such electronic/digital or facsimile signatures or electronic/digital or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached; FURTHER RESOLVED, that any work carried out by the attomev-in-fact. pursuant to this resolution shall be valid and binding upon the Company." =,�Jpl IN$/jRp r• �NSURg!?61,, By: '41. Q�t,FiPO% J RQORq q'o; 5�:.•¢PORq c, Michael A. Ito, Senior Vice President Surety ��;o =� SEAL € SEAL /� wo : SEAL N, 2000 :Q, -+x: 1966 v3 Gam^— =�Jr: 2ot)o o: ',�' Nio•�' .,yb t.,: Aaron Green, Vice President Surety IN WITNESS WHEREOF, Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 7th day of November 20 25 Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company State of Michigan County of Oakland 2 On this 7th day of November , 20_5, before me, a Notary Public personally appeared Michael A. Ito, of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company and Aaron Green of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ;,W-Xv,.e... KAYL.AIRTON tLLAn t; NorMr y My Cgmmt 16, EOw a CoudydtivYgaron Kay Airton, Notary Public Win in I, Christopher M. Spaude, the duly elected Chief Financial Officer & Treasurer of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company, do hereby certify and attest that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Companies, which remains in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 19th day of March 2026 Christopher M. Spaude, Chief Financial Officer & Treasurer ~~ A M E R I S U R E Amerisure Mutual Insurance Company '�`-SVRE'i"Y Amerisure Insurance Company Marie Kenny P.O. Box 9098 Farmington Hills, MI 48333-9098 BONDS ,Amerisure.com Amerisure Mutual Insurance Company Digital Corporate Seal Pursuant to the Powers of Attorney granted to your Agency, use of the Amerisure Mutual Insurance Company ("Amerisure") Corporate Seal in electronic/digital format is permitted. Guidelines for use of the Digital Corporate Seal are as follows: This Digital Corporate Seal has been provided to your Agency for convenience. Amerisure cannot provide assurances that an Obligee will accept this Digital Corporate Seal. The Digital Corporate Seal is to be used at the discretion of your Agency, and Amerisure disclaims any liability if the use of the Digital Corporate Seal results in any instrument being rejected or challenged. Use of this Digital Corporate Seal is limited to electronically affixing a seal to a surety bond, or related instrument, that has been authorized by Amerisure and is being executed on behalf of Amerisure by an Agency pursuant to a valid Power of Attorney. The Agency may not transfer a Digital Corporate Seal to any other entity or person without the express written consent of Amerisure. 4. Amerisure may revoke permission to use the Digital Corporate Seal at any given time. 5. Any use of the Digital Corporate Seal outside of these guidelines is not authorized. P -�� SEALS•: n 2000 ,; 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank , our principal place of business, are required to be % Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 0 r-91O C Northstar Construction, LLC 2112 Solona Street 0 Fort Worth, Texas 76117 END OF SECTION By: Michael Heimlich 0"J zw"u Z� (Signature) Title: President Date: 03/19/2026 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19, 2025 Bid Proposal Workbook - Northstar.xisx 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 00 45 26 -1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 101405. 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: Northstar Construction, LLC Company 2112 Solona Street Address Fort Worth, Texas 76117 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Michael A. Heimlich (Please Print) Signature: Title: President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Michael A. Heimlich , 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 Northstar Construction. LLC for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19th day of May , 20 26 �*pY P SANDY @. MAiiTINEZ My Commission Expires 1 i October os, 2028 Notary Public in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Smiley Park 101405 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 004541-1 SMALL BUSINESS ENTERPRISE GOAL Page 1 of 1 SECTION 00 45 41 SMALL BUSINESS GOAL APPLICATION OF POLICY If the total dollar value of the contract is $100,000 or more, the Small Business goal is applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to foster competition, expand the supplier base, and promote and encourage the participation of small business firms in the City's contracting opportunities. SMALL BUSINESS GOAL The City's Small Business goal is 30% of the amount bid (if bid alternates are requested, the goal shall be applied to the total bid amount inclusive of any selected alternates). COMPLIANCE Bidders shall comply with the Small Business Goal by meeting or exceeding the small business goal through self -performance and/or Small Business subcontracting participation. Small businesses are based on SBA definitions and must be located within the five Fort Worth counties: Tarrant, Denton, Wise, Parker and Johnson. Small businesses shall be certified via one of the following certifying agencies: • North Central Texas Regional Certifying Agency (NCTRCA) • Dallas/Fort Worth Minority Supplier Development Council (DFW MSDC) • Women's Business Council — Southwest (WBCS) • Texas Department of Transportation (TxDOT) SUBMITTAL OF REQUIRED DOCUMENTATION The following documents must be submitted with the bid documents at the time of bidding: • Completed Small Business Utilization form • Certificates identifying themselves or subcontractors as Small Businesses FAILURE TO COMPLY WITH THE CITY'S SMALL BUSINESS ORDINANCE WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE. 38 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 1, 2025 Smiley Park 101405 4• c a� a E 0 O o i � 'O A W m A � O O G•r �TI = .y A \ W � m o �+ rn U W w :t o A �° •N a cnm ® Z A W o Q O a a � fn 0 U Ile L m cc d N o 0 c +,�o r/1 a O v �+ N Z m GT, o Z E U) M p O E F z O W W W Q z M LLZ Zia� v UO �.Z Z I-- F- �OL O A W W pQ W ^ 0 V O 0 4) oc2 O cccc cccc o V c.mU a a m UmCLto r U U A 14 O lao cc IL ❑■ Y O U as U v 06 a CL El w w a a = a) a) a p pa. Q M D Z Z N v�toM W a N W � ❑ a v a aca E El F a a a a m a O 00 OO rn v P a) co co~ ti C/X ca a) rn i< �~ p 04 7 c F co oo N -_ F Co U Uc H o O CA c c� N W i4 .0 O N a) fsr � M C O NCO ca O X — _ � E co WZ N LL on a a a A � O 10 ^O z as QU a w v z as dU a w U V 51, N 0 N cc U' L L � 4�a •f+ � .�r W I� W L A A = A O N I+M ?•� U L tm Ow G E < Ow .�L+ t6 LO W N p W '" O O. O a E a M 1 �-. fA r a is � N W O a a o O a a CA Z cu N N z "" M O Z Z d N LO w w w a r ° ° > El Ix rWn [ y� •,L b E-� Vi ti � •L 'ZS E- Vi � •� 'LS E-� O a p a �-, U vi a, E O rn �, U U 04 LO CO ��. U O mO 0U�wLz C)J h� N LO .a co C—N N p� O c0 O M M X co E . LW' Z oO / Q Z a)=- T0) r UH �U C@ O CN � O p w o Or pv N E NO YE Lo Vo �. Y z co - v<So iY U) a a a u � 06. y .. Z A d U rs, W U Z Oa d U Ow W CU Z Oa d U 0, W U a ,I y. CD bo CO a O N ti ti O 000 I-- ~ Lo O Lo 0 0 M M T- 0 bn O 0 U 3 cn o U � � � � O h O w � W 0 � � O � O G7 O v. ee o � � z 0 0 0 � H D O Q Q Q a b a o 0 a> u U 2a 0) O 4-. ° o V Q > — = R i °w.� W euc � c 0 •5 it C � 1i � �°. 40 o O O y i. cl u Qow O� C :�, O O O U t N W t°e 0 vOi � 14 0 C rt 'a 4+ O ~ 'a M rn m L 4) coL R 00 Z V, CN C ^ So .0 Z O 0 a m - a @ E y 'moo Q w N N N U 2 4-1U o 101 ii m Z C eo Q O U a� a) U) f0 c O 0 N N W W a ZO +: NCTRCA Small Business Enterprise (SBE) NORTHSTAR CONSTRUCTION, LLC NORTHSTAR CONSTRUCTION, LLC has filed with the Agency an Affidavit as defined by NCTRCA Small Business Enterprise (SSE) Policies & Procedures and is hereby certified to provide service(s) in the following areas: NAILS 236220: COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION This Certification commences February 6, 2026 and supersedes any registration or listing previously issued. This certification must be updated every two years by submission of an Annual Update Affidavit. At any time there is a change in ownership, control of the firm or operation, notification must be made immediately to the North Central Texas Regional Certification Agency for eligibility evaluation. Certification Expiration: February 29, 2028 Issued Date: February 6, 2026 CERTIFICATION NO. WMSB51177NO228 r Certification Administrator 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on May 12, 2026 , is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Northstar Construction, LLC authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 101405 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of One Million Three Hundred Thirty -Four Thousand, Nine Hundred Ninety -Five Dollars ($1,334,995.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 180 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City seven hundred seventy five dollars and no/cents Dollars ($775.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Smiley Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101405 Revised September 19, 2025 (effective September 1, 2025) 005243-2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. Small Business Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended tooperate and he effective even if it is alleged or proven that all or some of the damages sought were caused- in whole or in an rt. by any act- omission or negli¢ence of the cit^. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH Smiley Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101405 Revised September 19, 2025 (effective September 1, 2025) 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused. in whole or in part, by and omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH Smiley Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101405 Revised September 19, 2025 (effective September 1, 2025) 005243-4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH Smiley Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101405 Revised September 19, 2025 (effective September 1, 2025) 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. 7.14 Small Business Utilization. Contractor shall not make any unjustified changes to its small business utilization as presented on the Small Business Utilization Form. Contractor's failure to abide by the commitments presented on the form or intentional and/or knowing misrepresentation of material facts regarding small business utilization shall be disallowed from bidding on future City of Fort Worth public works contracts for a period of time of not less than one year. CITY OF FORT WORTH Smiley Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101405 Revised September 19, 2025 (effective September 1, 2025) 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager (`Effective Date"). Contractor: By: Michael ttei�rGicl� Michael A. Heimlich (May 21, 2026 15:30:50 CDT) Signature Michael A. Heimlich (Printed Name) President Title 2112 Solona Street Address Fort Worth, Texas 76117 City/State/Zip May 19, 2026 Date City of Fort Worth By: r,ana 8acrgdu�a{>r Dana Burg hdoff ( 6 16:47.02 CDT) Dana Burghdoff Assistant City Manager 06/05/2026 Date �'ponr aaa Attest: q °n aaanX asa` cc 7c Jannette Goodall, City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19, 2025 (effective September 1, 2025) (Seal) M&C: 26-0344 Date: 05/12/2026 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. Oliver Penny Landscape Architect Approved as to Form and Legality: Qcdor— Douglas Black (Jun 2, 2026 16:07:50 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMNMNDED: Teresa 7howasm Teresa Thomason (May 26, 2026 14.31:08 CDT) S� sv Teresa Thomason, Deputy Director Park & Recreation Department JoJo M Smiley Park 101405 Bond No. 8056691 0061 13 - 1 PERFORMANCE BOND Pagel of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Northstar Construction LLC known as 8 "Principal" herein and Amerisure Mutual Insurance Company a corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 12 sum of, One Million Three Hundred Thirty -Four Thousand Nine Hundred Ninety -Five Dollars 13 ($ 1,334,995.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City awarded 18 the 12th day of May , 2026 , which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 20 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 21 provided for in said Contract designated as Smiley Park, City Project Number 101405. 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 24 perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. CITY OF FORT WORTH Smiley Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101405 Revised December 8, 2023 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 006113-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the l3th day of May , 20 26. ATTEST: (Principal) Secretary Witness as 8 PrIlt"pall, PRINCIPAL: Northstar Construction, LLC BY: Signature Michael A. Heimlich, President Name and Title Address: 2112 Solona Street Fort Worth, Texas 76117 SURETY: Amerisure Mutual Insurance Company BY: �411ze St en Tucker, Attorney -in -Fact Address: 2821 W. 7th Street #500 Fort Worth, TX 76107 Telephone Number: 817/336-8520 _ Email Address: Steven n,tuckerasencv.com *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Smiley Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101405 Revised December 8. 2023 Bond No. 8056691 0061 14 - 1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Northstar Construction, LLC known as 8 "Principal" herein, and Amerisure Mutual Insurance Company , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" 10 herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal l 1 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal 12 sum of One Million Three Hundred Thirty -Four Thousand Nine Hundred and Ninety -Five Dollars 13 ($ 1,334,995.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 12th day of May 32026 , which Contract is hereby referred to and made 19 a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor 20 and other accessories as defined by law, in the prosecution of the Work as provided for in said 21 Contract and designated as Smiley Park, City Project Number 101405. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Smiley Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101405 Revised December 8, 2023 1 2 3 4 5 6 7 8 9 10 11 12 0061 14 - 2 PAYMENT BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 13th day of May 20 26 ATTEST: (Principal) Secretary itness4 to"P�ncpaf— A� ATTEST: (Surety) Secretary offlAffr Witness as to rety PRINCIPAL: Northstar Construction, LLC Signature Michael A. Heimlich, President Name and Title Address: 2112 Solona Street Fort Worth, Texas 76117 SURETY: Amerisure Mutual Insurance Company BY: na ur St vel Tu ker, Attorney -in -Fact Address: 2821 W. 7th Street 4500 Fort Worth, Texas 76107 Telephone Number: 8171336-8520 Email Address: Steven a,tuckeragency. om Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 Smiley Park 101405 Bond No. 8056691 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Northstar Construction LCC known as "Principal" herein and 9 Amerisure Mutual Insurance Company , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of One Million 13 Three Hundred Thirty -Four Thousand Nine Hundred Ninety -Five Dollars ($1,334,995.00), lawful 14 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of 15 which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 12th day of May , 2026 , which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 21 materials, equipment labor and other accessories as defined by law, in the prosecution of the 22 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 23 the "Work") as provided for in said contract and designated as Smiley Park, City Project 24 Number 101405; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) years 29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH Smiley Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101405 Revised September 19, 2025 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 006119-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19, 2025 Smiley Park 101405 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 0061 19-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 13th day of May , 20 26 . ATTEST: (Principal) Secretary Witness aso Prin ipal ATTEST: (S rety) Secretary ( 1�n� fitness as t Surety PRINCIPAL: Northstar Construction, LLC BY: Signature Michael A. Heimlich, President Name and Title Address: 2112 Solona Street Fort Worth, Texas 76117 SURETY: Amerisure Mutual Insurance Company BY: fig tar evker, Attorney -is -Fa., Address: 2821 W. 7th Street 9500 Fort Worth, TX 76107 Telephone Number: 817/336-8520 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 19, 2025 Smiley Park 101405 AMERISURE AMERISURE MUTUAL INSURANCE COMPANY SURETY AMERISURE INSURANCE COMPANY AMERISURE PARTNERS INSURANCE COMPANY POWER OF ATTORNEY KNONV ALL MEN BY THESE PRESENTS: That Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company are corporations duly organized under the laws of the State of Michigan (herein collectively the "Companies"), and that the Companies do hereby make, constitute and appoint: TRACY TUCKER, STEVEN TUCKER, KEVIN J. DUNN, W. LAWRENCE BROWN DOUGLASS A. REED, BENNETT BROWN AND ROBERTA H. ERB ,if Tucker Agency, Ltd. its true and ]awful Attorney(s)-in Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge, for and on its behalf and as its act and deed, bonds or others writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts or suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED MILLION ($100,000,000.00) DOLLARS This Power of Attorney is granted and signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of Amerisure Mutual Insurance Company, Amerisure Insurance. Company and Amerisure Partners Insurance Company at meetings duly called and held on February 17, 2022, "RESOLVED, that any two ofthe President & Chief Executive Officer, the Chief Financial Officer & Treasurer, the Senior Vice President Surety, the Vice President Surety, or the General Counsel & Corporate Secretary be, and each or any of them hereby is authorized to execute, a Power of Attomey qualifying the attorney -in -fact named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that President & Chief Executive Officer, Chief Financial Officer & Treasurer or General Counsel & Corporate Secretary each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; FURTHER RESOLVED, that the signature ol'such officers and the seal of the Company may be affixed to any such Power of Attorney or to anycertificate relating thereto electronically/digitally or by facsimile, and any such Power of Attorney or certificate bearing such electronic/digital or facsimile signatures or electronic/digital or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract ofsurety to which it is attached, FURTHER RESOLVED, that any work carried out by the attomev-in-fact rmrsuant to this resolution shall be valid and binding upon the Company." slyJgVPOR'•Rq`' '' �N-'� oR.hC•, Rq By; / ,t�; •RPOq D'sz gl�yc 'q7`7'Z� '_ Michael A. Ito, Senior Vice President Surety 2erG� F9C,= SEAL SEAL 3 SEAL N. 2000 -ac '=a'• 1968 .'�: N. 2000OS =•�>''�rcHlp�a.aa� -y`y ??�cHipr�?,•�',= By. :,.d 2i�c P`'' &c b Aaron Green, Vice President Surety =,�' �' `'ti••.,,„*,,,, �' IN WITNESS WHEREOF, Amerisure Mutual Insurance Company, Amensure Insurance Company and Amerisure Partners Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 7th day of November 20 25 Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company State of Michigan County of Oakland On this 7th day of November 20 25 , before me, a Notary Public personally appeared Michael A. Ito, of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company and Aaron Green of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ;,s,:TE:o •,: KAY L. AfRTON ///� NOTMY • My Canmis„an ECpiCS aq OY L.LvLf'-' n °•: -• August 16, 2031 CmnryofL.Wh9ston Kay Airton, Notary Pub] ic ALbrlg in ft t.Wflty OI L�7M1"1i I, Christopher M. Spaude, the duly elected Chief Financial Officer & Treasurer of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company, do hereby certify and attest that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Companies, which remains in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this "th day of May 2026 M. Spaude, Chief Financial Officer & Treasurer AMERISURE �uRET Y Texas Important Notice C)uri7�] 71�1 C�►fiJ7i;[�71 Y [�7 �I To obtain information or make a complaint: You may call Amerisure Surety's toll -free telephone number for information or to make a complaint at: 1-800-257-1900 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 12030 Austin, TX 78711-2030 Fax: (512) 490-1007 Web: Nvww.tdi.texas. gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company P.O. Box 9098 Farmington Hills, MI 48333-9098 AVISO IMPORTANTE Para obtener infonnacion o para presentar una queja: Usted puede llamar al numero de teldfono gratuito de Amerisure Surety's para obtener information o para presentar una queja al: 1-800-257-1900 Usted puede comunicarse con el Departamento de Se-guros de Texas para obtener information sobre com-panias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 12030 Austin, TX 78711-2030 Fax: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas, gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una. reclamation, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos infornativos y no se con-vierte en parte o en condition del documento adjunto. POLICY NUMBER: CPP100092428-02 COMMERCIAL GENERAL LIABILITY CGL 121 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS (TEXAS LIMITED SOLE NEGLIGENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 5UHLUULt UP I IUNAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured; or c. "Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. With respect to liability of the additional insured for "bodily injury" of an employee or agent of a named insured or the employee of a named insured's subcontractor, coverage shall apply for the partial or sole negligence of the additional insured, but only if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright 2020 FCCI Insurance Group. Insured Copy POLICY NUMBER: CPP100092428-02 COMMERCIAL GENERAL LIABILITY CGL 121 (02 21) c. Will not be broader than that which is afforded to you under this policy; and d. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A. 1.; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. E. Section IV — Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright 2020 FCCI Insurance Group. Insured Copy FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION Additional Insured Coverage...................................................................................................... BailBonds................................................................................................................................... Blanket Waiver of Subrogation................................................................................................... Bodily Injury and Property Damage............................................................................................ Care, Custody or Control............................................................................................................ Contractors Errors and Omissions.............................................................................................. Contractual Liability (Personal & Advertising Injury)................................................................... ElectronicData Liability............................................................................................................... GeneralLiability Conditions........................................................................................................ IncidentalMalpractice................................................................................................................. Insured........................................................................................................................................ Limited Product Withdrawal Expense......................................................................................... Limitsof Insurance...................................................................................................................... Lossof Earnings......................................................................................................................... LostKey Coverage..................................................................................................................... Newly Formed or Acquired Organizations.................................................................................. Non -Owned Watercraft............................................................................................................... Property Damage Liability — Borrowed Equipment..................................................................... Tenant's Property and Premises Rented To You....................................................................... Voluntary Property Damage........................................................................................................ PAGE ..............9 ..............9 ............14 ..............1 ..............3 ..............6 ..............2 ..............1 ............13 ..............9 ..............9 ..............3 ............11 ..............9 ..............8 ............11 ..............1 ..............1 ..............8 ..............2 Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Non -owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. The most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one 'occurrence" is $10,000. We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V — DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the 'occurrence" that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I — COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted. SECTION I — COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "property damage" caused by an "occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard"; e. Motor vehicles; f. "Your product" arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for "product withdrawal expenses" associated with "your product" incurred because of a "product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal' (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect' was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product'. (2) If a "product withdrawal' is initiated, you must: (a) Immediately record the specifics of the "product withdrawal' and the date it was initiated; (b) Send us written notice of the "product withdrawal' as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal'. 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect' means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product' which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal' will not be limited to those batches of "your product' which are known or suspected to have been tampered with. c. "Product withdrawal' means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect' in "your product', or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal': (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product", "your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates orjob costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage" to products that are still in your physical possession. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. n. Any liability for "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys; or c. Cost of new locks, if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting loss of use; or c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation; 2) Concealment; 3) Conversion; 4) Fraud; or 5) Dishonesty. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard" Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to liability for "bodily injury" or "property damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; C. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; e. Care, Custody or Control damages under Coverage E.; and Lost Key Coverage under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 11 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" in any one -policy period, regardless of the number of insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one occurrence is $50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Paragraph 14. is added as follows: 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the 'occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the 'occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 14 Copyright 2020 FCCI Insurance Group Insured Copy IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. IL 060 (07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Copy AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AirbagCoverage......................................................................................................................................................3 AutoLoan/Lease Gap Coverage..............................................................................................................................3 BroadForm Insured.................................................................................................................................................1 Concealment, Misrepresentation or Fraud...............................................................................................................4 Deductible................................................................................................................................................................3 Duties in the Event of Accident, Claim, Suit or Loss................................................................................................4 FellowEmployee......................................................................................................................................................2 Fire Department Service Charge.............................................................................................................................2 Other Insurance for Hired Auto Physical Damage Coverage...................................................................................4 Lossof Earnings......................................................................................................................................................2 Lossof Use Expenses.............................................................................................................................................2 SupplementaryPayments........................................................................................................................................2 Transfer of Rights of Recovery against Others to Us...............................................................................................4 TransportationExpenses.........................................................................................................................................2 Insured Copy COMMERCIAL AUTO CAU 058 (10 22) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II — COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 4 Copyright 2021 FCCI Insurance Group Insured Copy COMMERCIAL AUTO CAU 058 (10 22) B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a total maximum of $1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 4 Copyright 2021 FCCI Insurance Group Insured Copy COMMERCIAL AUTO CAU 058 (10 22) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto' under this coverage form and the lessor of the covered "auto' is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto', we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto' is a covered "auto' under this coverage form and the loss payee of the covered "auto' is named a loss payee under this policy, in the event of a total loss to the covered "auto', we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the 'loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such 'loss" resulting from the total theft of a covered "auto'. However, this exclusion does not include the discharge of an airbag in a covered "auto' you own that inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and AA.c.but only: a. If that "auto' is a covered "auto' for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto', our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations prior to the application of the Limit of Insurance provided that: 1. The Comprehensive or Specified Causes of Loss Coverage deductible applies only to "loss" caused by: a. Theft or mischief or vandalism; or b. All perils. CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2021 FCCI Insurance Group Insured Copy COMMERCIAL AUTO CAU 058 (10 22) 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; will be equal to five times the highest deductible applicable to any one covered "auto" on the Policy for Comprehensive or Specified Causes of Loss 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". 3. Any Comprehensive Coverage deductible shown in the Declarations does not apply to: a. "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. b. Glass damage if repaired rather than replaced. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or "loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2021 FCCI Insurance Group Insured Copy COMMERCIAL AUTOMOBILE CAU 082 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC INSURED - BUSINESS AUTO POLICY PRIMARY/NON-CONTRIBUTING WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following: 1. Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured" without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 Copyright 2015 FCCI Insurance Group. Insured Copy IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. IL 060 (07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Copy Texa,Smutuar WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 12/31/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0001231613 of Texas Mutual Insurance Company effective on 12/31/25 Issued to: NORTHSTAR CONSTRUCTION LLC NCCI Carrier Code: 29939 This is not a bill r Authorized representative 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 12/16/25 WC 42 03 04 B Texabmutuar WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Agent copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice: 2. Notice will be mailed to: Schedule 30 PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 12/31/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0001231613 of Texas Mutual Insurance Company effective on 12/31/25 Issued to: NORTHSTAR CONSTRUCTION LLC This is not a bill NCCI Carrier Code: 29939 r Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 12/16/25 WC420601 (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit'; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —WHO IS AN INSURED Except for liability arising out of the ownership, maintenance or use of "covered autos": a. If you are designated in the Declarations as: (1) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. (3) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. (4) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (5) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. b. Each of the following is also an insured: (1) Your 'volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or 'volunteer workers" are insureds for: (a) "Bodily injury" or "personal and advertising injury": (i) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co - "employee" in the course of his or her employment or performing duties related to the conduct of your business or to your other 'volunteer workers" while performing duties related to the conduct of your business; (ii) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (a)(i) above; or (iii) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (a)(i) or (ii) above. (b) "Property damage" to property: (i) Owned, occupied or used by; (ii) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees", 'volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). (2) Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. Page 10 of 18 © Insurance Services Office, Inc., 2012 Insured Copy CU 00 01 0413 (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; and (b) Until your legal representative has been appointed. (4) Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. 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: (1) Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) Coverage Adoes not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership, maintenance or use of "covered autos": a. You are an insured. b. Anyone else while using with your permission a "covered auto" you own, hire or borrow is also an insured except: (1) The owner or anyone else from whom you hire or borrow a "covered auto". This exception does not apply if the "covered auto" is a trailer or semitrailer connected to a "covered auto" you own. (2) Your "employee" if the "covered auto" is owned by that "employee" or a member of his or her household. (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their 'employees", while moving property to or from a "covered auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a "covered auto" owned by him or her or a member of his or her household. (6) "Employees" with respect to "bodily injury" to: (a) Any fellow "employee" of the insured arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or (b) The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph (a) above. c. Anyone liable for the conduct of an insured described above is also an insured, but only to the extent of that liability. 3. Any additional insured under any policy of "underlying insurance" will automatically be an insured under this insurance. Subject 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: a. Required by the contract or agreement, less any amounts payable by any "underlying insurance"; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the "underlying insurance". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CU 00 01 0413 © Insurance Services Office, Inc., 2012 Page 11 of 18 Insured Copy COMMERCIAL LIABILITY UMBRELLA UMB 179 (07 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY / NON CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following replaces SECTION IV — CONDITIONS, Paragraph 5. "Other Insurance" subsection a.: a. This insurance is excess over and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. The above will apply to additional insureds unless a written contract specifically requires that this insurance be primary and noncontributing as to the additional insured. The written contract must be currently in effect or become effective during the term of this policy and must be executed prior to the "bodily injury", "property damage" or "personal and advertising injury." When this insurance is excess, we will have no duty under Coverage A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. UMB 179 (07 09) Includes copyrighted Materials of the Insurance Services Office, Inc with its permission. Page 1 of 1 Copyright 2009 FCCI Insurance Group. Insured Copy COMMERCIAL LIABILITY UMBRELLA CU 24 80 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following is added to Paragraph 9. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CU 24 80 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Insured Copy IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. Signature: Email: allison.tidwell@fortworthtexas.gov Signature: Sm� Email: allison.tidwell@fortworthtexas.gov IL 060 (07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Copy FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Northstar Construction, LLC Subject of the Agreement: Contract for the Construction of Smiley Park M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 101405 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 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.