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Contract 46474
TNIs<COPY FOR; ,,,_.,,_CONTRACTOit FO RT WO RT H ___=COMUCTO"96MM Co. ..._ WY MANAGEILS OFFICE ENMERI.NG DIV. TIM•FILE COPY PROJECT MANUAL i FOR 2014 CIP STREET RECONSTRUCTION CONTRACT 2 At Various Locations CITY SECRETAW Lw City Project No. 02420 CONTRACT NO. Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared by The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2014 .cr�ir'Ts asy'. •`S"•3. OEFI �l4C�tOCRiifi:fC'.:t..`-'•' --'' 4 RECORD a W',!a w,"� �y.?euao ccc sc•.•;cc:..a so ra.. �ECEIV"� '� 2d 10 , �- M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F0` " COUNCIL ACTION: Approved on 1/27/2015 REFERENCE 202014 CIP STREET DATE: 1/27/2015 NO.: C-27164 LOG NAME: RECONSTRUCTION-- CONTRACT 2 CODE: C -TYPE: NOW PUBLIC NO CONSENT HEARING: y SUBJECT: Authorize Execution of a Contract with Advanced Paving Acquisition, Ltd., in the Amount of $2,661,496.90 for the Reconstruction of Approximately Six Lane Miles of Various Street Segments Within the City of Fort Worth and Provide for Contingencies, Construction Management, Surveying, Inspection, and Material Testing for a Total Project Amount of $3,026,496.90 (2014 BOND PROGRAM) (COUNCIL DISTRICTS 2, 7 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Advanced Paving Acquisition Ltd., in the amount of$2,661,496.90 for Hot Mix Asphaltic Concrete Reconstruction of approximately six lane miles at various locations. DISCUSSION: This project provides for the reconstruction of approximately six lane miles of various City streets segments that were included in the 2014 Bond Program (City Project No. 02420). The project was advertised for bid in the Fort Worth Star-Tele-gram on October 16, 2014 and October 23, 2014. On November 13, 2014, the following bids were received: Bidder Amount Advanced Paving Acquisition, Ltd. $2,661,496.90 JLB Contracting, LLC. $2,741,150.66 Jackson Construction $3,053,004.25 Omega Contracting, Inc. $3,189,289.50 Budget items beyond the contract amount include contingencies, construction management, survey, inspection, and material testing in the amount of$365,000.00. This project is included in the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official intent to reimburse what was adopted as part of the ordinance canvassing the bond election—Ordinance No. 21241-05-2014. M/WBE Office-Advanced Paving Acquisition, Ltd., is in compliance with the City's BDE Ordinance by committing to 21 percent MBE participation on this project.The City's MBE goal on this project is 20 percent. These street projects are located in COUNCIL DISTRICTS 2, 7 and 9, Mapsco 62K, 62L, 62P, 62X, 75G, 75L, 90L, 90M, 91A and 91B. FISCAL INFORMATIONXERTIFICATION: The Financial Management Services Director certifies that funds are included in the Fiscal Year 2015 1 Hffn-H anne nfiamsat nrrt/nroirnil T�n1rPf/tnn rn�riaw ocr9iTL-7/1�.SG�inna�r.nil�otn-1/77/7M S 1/74/'?/ll G M&C Review Page 2 of 2 Adopted Budget of the 2014 Bond Program, per Ordinance No. 21457-09-2014, and funds are available in the General Fund to pay for expenses which will be incurred on this contract until reimbursement can occur from issuance of public securities. TO Fund/Account/Centers FROM Fund/Account/Centers C210 541200 209240242083 $3.026.496.90 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Kristian Sugrim (8902) ATTACHMENTS Map 2014 CIP Contract 2 MAP 1.pdf Map 2014 CIP Contract 2 Map 2-pd Map 2014 CIP Contract 2 Map 3.pdf httn-//annc rfumPt nw/nnnneil nArlrwt/mn rPviPw Ml')nl S 1 Mgnni S 00 00 00-1 TABLE OF CONTENTS Page] of 2 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00-General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 00 11 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 0041 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 0045 11 Bidders Pre-qualifications 15 0045 12 Prequalification Statement 16 0045 13 Bidder Prequalification Application 17 00 45 26 Contractor Compliance with Workers'Compensation Law 18 00 45 40 Minority Business Enterprise Goal 19 00 52 43 Agreement 20 0061 13 Performance Bond 21 0061 14 Payment Bond 22 0061 19 Maintenance Bond 23 00 61 25 Certificate of Insurance 24 00 72 00 General Conditions 25 00 73 00 Supplementary Conditions 26 27 Division 01 -General Requirements 28 01 11 00 Summary of Work 29 01 31 19 Preconstruction Meeting 30 01 31 20 Project Meetings 31 01 32 16 Construction Progress Schedule 32 01 3233 Preconstruction Video 33 01 35 13 Special Project Procedures 34 01 4523 Testing and Inspection Services 35 01 5000 Temporary Facilities and Controls 36 01 5526 Street Use Permit and Modifications to Traffic Control 37 01 58 13 Temporary Project Signage 38 01 7000 Mobilization and Remobilization 39 01 7123 Construction Staking 40 01 7423 Cleaning 41 01 7719 Closeout Requirements 42 01 7839 Project Record Documents 43 44 Division 02-Existing Conditions 45 0241 15 Paving Removal 46 47 Division 03—Concrete 48 03 30 00 Cast-in-Place Concrete 49 CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 9,2011 MW 000000-2 TABLE OF CONTENTS Page 2 of 2 1 Division 31 -Earthwork 2 3123 16 Unclassified Excavation 3 4 Division 32-Exterior Improvements 5 32 01 29 Concrete Paving Repair 6 32 11 33 Cement Treated Base Courses 7 32 1216 Asphalt Paving 8 32 13 13 Concrete Paving 9 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps �. 10 32 16 13 Concrete Curb and Gutters and Valley Gutters 11 32 1723 Pavement Markings 12 32 1725 Curb Address Painting - 13 3291 19 Topsoil Placement and Finishing of Parkways 14 3292 13 Hydro-Mulching, Seeding,and Sodding 15 16 Division 33—Utilities 17 33 05 13 Frame, Cover, and Grade Rings 18 3305 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade 19 33 05 17 Concrete Collars[To be completed in early 2012.1 20 21 Division 34-Transportation 22 3471 13 Traffic Control 23 24 Technical Specifications listed below are included for this Project by reference and can be 25 viewed/downloaded from the City's Buzzsaw site at: 26 27 htps://proiectDoint.buzzsaw.com/client/fortworthgov/Resources/02%20- 28 %20Construction%2ODocuments/Specifications 29 30 Division 99—Special Technical Specifications 31 9999.0096 Paving Construction Allowance 32 33 Appendix 34 GC-4:01 Availability of Lands 35 GC-4.02 Subsurface and Physical Conditions 36 GC-4.04 Underground Facilities 37 GC-4.06 Hazardous Environmental Condition at Site 38 GC-6.07 Wage Rates 39 GC-6.09 Permits and Utilities 40 GC-6.24 Nondiscrimination 41 GR-01 60 00 Product Requirements 42 SP-01 Special Provisions 43 END OF SECTION CITY OF FORT WORTH 2014 CTP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 9,2011 0005 10-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page I of I 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with the approved 7 M&C for the award of the project. M&C insert shall be on blue paper.] 8 9 10 11 12 13 14 w 15 16 17 18 19 20 END OF SECTION CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION—CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised July 1,2011 0005 15-1 ADDENDA Page I of I 1 SECTION 00 05 15 2 ADDENDA 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with any addenda 7 issued during bidding.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised July 1,2011 00 11 13-1 INVITATION TO BIDDERS Page l of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the 2014 CIP STREET RECONSTRUCTION—CONTRACT 2, 02420,will be 6 received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M. CST,Thursday,November 13, 2014,and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 42615 S.Y. 3"HMAC Surface Course,Type D 21565 L.F. Remove and Replace Existing Concrete Curb&Gutter 18130 S.F. Remove and Replace Concrete Sidewalk 30570 S.F. Remove&Replace Concrete Driveway 39975 S.Y. 8"Pavement Pulverization 2640 S.Y. 2"-inch Surface Milling 17 PREQUALIFICATION 18 The improvements included in this project, which require prequalification, must be performed by 19 a contractor who is prequalified by the City at the time of bid opening. The procedures for 20 qualification and prequalification are outlined in the Section 00 21 13—INSTRUCTIONS TO 21 BIDDERS. 22 23 DOCUMENT EXAMINATION AND PROCUREMENTS 24 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 25 of Fort Worth's Purchasing Division website at hm://www.fortworth og v org//purchasing/and 26 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 27 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 28 suppliers. 29 30 Copies of the Bidding and Contract Documents may be purchased from: 31 Nikki Mcleroy, 817-392-8549, City of Fort Worth,Transportation and Public Works, 1000 32 Throckmorton St., Fort Worth, TX 76102 33 34 The cost of Bidding and Contract Documents is: $30.00 35 CITY OF FORT WORTH 2014 CiP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 27,2012 00 11 13-2 INVITATION TO BIDDERS Page 2 of 2 1 PREBID CONFERENCE 2 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 3 BIDDERS at the following location, date, and time: 4 DATE: Tuesday,November 4,2014 5 TIME: 9:00 A.M. 6 PLACE: Transportation and Public Works, 1000 Throckmorton St.,RM#: 270,Fort 7 Worth,TX 76102 8 LOCATION: Municipal Building,2nd Floor 9 10 11 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 12 City reserves the right to waive irregularities and to accept or reject bids. 13 14 INQUIRIES 15 All inquiries relative to this procurement should be addressed to the following: 16 Attn: Kristian Sugrim,City of Fort Worth 17 Email: Kristian.Sugrim@fortworthtexas.gov 18 Phone: 817-392-8902 19 "L 20 ADVERTISEMENT DATES 21 October 16,2014 22 October 23,2014 _. 23 24 END OF SECTION CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 27,2012 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OEiIing 42 %20ContrActor%2OPrequalification%2OProgram/PREOUALIFICATION%20REO 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 21,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 2 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 3 45 11, BIDDERS PREQUALIFICATIONS. 4 5 3.2.1. Submission of and/or questions related to prequalification should be addressed to 6 the City contact as provided in Paragraph 6.1. 7 8 9 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 10 bidder(s)for a project to submit such additional information as the City, in its sole 11 discretion may require, including but not limited to manpower and equipment records, 12 information about key personnel to be assigned to the project, and construction schedule, 13 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 14 deliver a quality product and successfully complete projects for the amount bid within 15 the stipulated time frame. Based upon the City's assessment of the submitted 16 information,a recommendation regarding the award of a contract will be made to the 17 City Council. Failure to submit the additional information, if requested,may be grounds 18 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 19 notified in writing of a recommendation to the City Council. 20 21 3.4.In addition to prequalification, additional requirements for qualification may be required 22 within various sections of the Contract Documents. 23 ' 24 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 25 26 4.1.Before submitting a Bid, each Bidder shall: 27 28 4.1.1. Examine and carefully study the Contract Documents and other related data 29 identified in the Bidding Documents(including "technical data" referred to in - 30 Paragraph 4.2. below).No information given by City or any representative of the 31 City other than that contained in the Contract Documents and officially 32 promulgated addenda thereto,shall be binding upon the City. 33 34 4.1.2.Visit the site to become familiar with and satisfy Bidder as to the general, local and 35 site conditions that may affect cost,progress,performance or furnishing of the 36 Work. 37 38 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 39 progress, performance or furnishing of the Work. 40 41 4.1.4. < > Be advised,City, in accordance with Title VI of the Civil Rights Act of 1964, 42 78 Stat. 252,42 U.S.C. 2000d to 2000d-4 and Title 49,Code of Federal 43 Regulations,Department of Transportation, Subtitle A,Office of the Secretary, Part 44 21,Nondiscrimination in Federally-assisted programs of the Department of 45 Transportation issued pursuant to such Act,hereby notifies all bidders that it will s- 46 affirmatively insure that in any contract entered into pursuant to this advertisement, 47 minority business enterprises will be afforded full opportunity to submit bids in 48 response to this invitation and will not be discriminated against on the grounds of 49 race,color, or national origin in consideration of award. 50 CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 27,2012 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site(except Underground Facilities)that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and (ii)reports and drawings of Hazardous Environmental Conditions, if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "technical data." 8 9 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish. All additional information and data 11 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents.No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.7. Perform independent research, investigations,tests, borings, and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. On request,City may provide 21 each Bidder access to the site to conduct such examinations, investigations, 22 explorations,tests and studies as each Bidder deems necessary for submission of a 23 Bid. Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations, investigations,tests and studies. 25 26 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work,time required for its completion, and obtain al I information 28 required to make a proposal. Bidders shall rely exclusively and solely upon their " 29 own estimates, investigation, research,tests,explorations, and other data which are ° 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation,examinations and tests herein required. Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be 35 allowed. 36 37 4.1.9. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents. The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents. 42 43 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 44 45 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings, if any, on the plans are for general information only. 48 Neither the City nor the Engineer guarantee that the data shown is representative of 49 conditions which actually exist. 50 CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 27,2012 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2. those drawings of physical conditions in or relating to existing surface and 2 subsurface structures(except Underground Facilities)which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request. Those reports and drawings may not be part of the Contract 7 Documents, but the "technical data" contained therein upon which Bidder is entitled �. 8 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 9 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 10 responsible for any interpretation or conclusion drawn from any "technical data" or 11 any other data, interpretations,opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 14 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means, methods, techniques, sequences or 17 procedures of construction(if any)that may be shown or indicated or expressly required 18 by the Contract Documents,(iii)that Bidder has given City written notice of all 19 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 20 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 21 etc.,have not been resolved through the interpretations by City as described in 22 Paragraph 6., and (iv)that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnishing the 24 Work. 25 26 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos, Polychlorinated 27 biphenyls(PCBs), Petroleum,Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 29 Documents. 30 31 5. Availability of Lands for Work,Etc. 32 33 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 34 access thereto and other lands designated for use by Contractor in performing the Work 35 are identified in the Contract Documents. All additional lands and access thereto 36 required for temporary construction facilities,construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or permanent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 42 5.2.Outstanding right-of-way, easements,and/or permits to be acquired by the City are listed 43 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 44 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 45 the award of contract at any time before the Bidder begins any construction work on the 46 project. 47 r. CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 2 way, easfinents, and/or permits, and shall submit a schedule to the City of how 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications 11 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding. Oral and other 14 interpretations or clarifications will be without legal effect. 15 16 Address questions to: 17 18 City of Fort Worth 19 1000 Throckmorton Street 20 Fort Worth,TX 76102 21 Attn: Kristian Sugrim,Transportation &Public Works 22 Fax: 817-392-8092 23 Email: Kristian.Sugrim@Fortworthtexas.govPhone: 817-392-8902 24 25 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 26 City. 27 28 Addenda or clarifications may be posted via Buzzsaw at: R 29 <hMs://proiectpoint.buzzsaw.com/client/fortworthizov/Infrastructure%2OProiects/02420%20- 30 %202014%20CIP%20Street%20Reconstruction%20%20Contract%202> 31 32 6.3.A prebid conference may be held at the time and place indicated in the Advertisement or 33 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 34 Project. Bidders are encouraged to attend and participate in the conference. City will 35 transmit to all prospective Bidders of record such Addenda as City considers necessary 36 in response to questions arising at the conference. Oral statements may not be relied 37 upon and will not be binding or legally effective. 38 39 7. Bid Security 40 41 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 42 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 43 the requirements of Paragraphs 5.01 of the General Conditions. 44 CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 27,2012 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 4 default, rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 8. Contract Times 10 The number of days within which, or the dates by which, Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. . 17 18 10. Substitute and "Or-Equal" Items 19 The Contract, if awarded,will be on the basis of materials and equipment described in the 20 Bidding Documents without consideration of possible substitute or"or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a "substitute"or "or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City, application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 26 Conditions and is supplemented in Section 0125 00 of the General Requirements. 27 28 11. Subcontractors, Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 31 12-2011 (as amended),the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts. A copy of the Ordinance can be 33 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 34 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 35 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 36 Venture Form as appropriate. The Forms including documentation must be received 37 by the City no later than 5:00 P.M. CST,five(5)City business days after the bid 38 opening date. The Bidder shall obtain a receipt from the City as evidence the 39 documentation was received. Failure to comply shall render the bid as non- 40 responsive. 41 42 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 43 or organization against whom Contractor has reasonable objection. 44 45 12. Bid Form 46 47 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 48 obtained from the City. 49 CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals,for which the Bidder proposes to do the 7 work contemplated or furnish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. t 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number, Project title,the name and address of Bidder, and 47 accompanied by the Bid security and other required documents. If the Bid is sent through the 48 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 49 with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 27,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids. After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City,be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any)will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is - 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists _ 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. -� 46 CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 27,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs, maintenance requirements, performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the J 11 evaluation of any Bid and to establish the responsibility, qualifications,and financial 12 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization,work of a value not less than 17 35%of the value embraced on the Contract, unless otherwise approved by the City. 18 „.. 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised November 27,2012 0035 13-1 CONFLICT OF INTEREST AFFIDAVIT Page I of l t SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror, or respondent(hereinafter also referred to as "you')to a City of Fort Worth 5 (also referred to as "City") procurement are required to complete Conflict of Interest 6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form) below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIQ.pdf 12 13 htt_p://www.ethics.state.tx.us/forms/CIS.pdf 14 15 0 CIQ Form is on file with City Secretary 16 17 0 CIQ Form is being provided to the City Secretary 18 19 Q CIS Form is on File with City Secretary 20 21 Q CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 By: 28 Company (Please Print) 29 30 Signature: 31 Address 32 33 Title: 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION dW CITY OF FORT WORTH ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2014 CIP STREET RECONSTRUCTION_coNTRACT 2 Revised March 27,2012 02420 00 35 13 BID FORM Page 8 of 8 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder,offeror, or respondent(hereinafter also referred to as"you")to a City of Fort Worth(also referred to as"City")procurement are required to complete Conflict of Interest Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.i3df http://www.ethics.state.tx.us/forms/CIS.pdf B CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary El CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Advanced Paving By: Sam Garrett 2257 Joe Field Rd. Signature: Dallas,TX 75229 Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 bid workbook 00 41 00 BID FORM Page 1 of 8 SECTION 00 41 00 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 AT VARIOUS LOCATIONS City Project No.: 2420 Units/Sections: PAVEMENT IMPROVEMENT 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. 'corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120327 bid workbook 00 41 00 BID FORM Page 2 of 8 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: HMAC Street Reconstruction Heavy Maintenance and all items directly associated with the paving. a. b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 150 calendar days after the date when 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. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 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 by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 bid workbook 00 41 00 BID FORM Page 3 of 8 6.3. Evaluation of Alternate Bid Items<use this if applicable,otherwise delete> Total Base Bid<use this if applicable,otherwise delete> $0.00 Alternate Bid<use this if applicable,otherwise delete> $0.00 Deductive Alternate<use this if applicable,otherwise delete> $0.00 Additive Alternate<use this if applicable,otherwise delete> $0.00 Total Bid $2,661,496.90 7. Bid Submittal This Bid is submitted on November 13,2014 by the entity named below. Respectfully sub ed, Receipt is acknowledged of Initial the followingAddenda: By; Addendum No. 1: SG Signature) Addendum No.2: Addendum No.3: Sam Garrett Addendum No.4: (Printed Name) Title: President Company: Advanced Paving Corporate Seal: Address: 2257 Joe Field Rd. Dallas,TX 75229 State of Incorporation: Email: saarrett0advancedaavinaco.com Phone: 972-245-0000 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 bid workbook 00 42 43 BID PROPOSAL SECTION 00 42 43 Page 4 of S PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item Description Specification Unit of Bid Quantity Unit Price Bid Value Section No. Measure 1 3305.0108 Miscellaneous Adjustments(Utilities) - - - 00 O5 OS LS 1 -$6,000.00 $6,000.00 2 0241.1300 Remove Concrete Curb&Gutter 02 41 15 LF 21565 - $4.40 $94,886.00 3 3216.0102 7"Concrete Curb&18"Gutter 32 16 13 LF 27380 $23.10 $632,478.00 4 0241.0401 Remove Concrete Driveway 02 41 13 SF 30570 $2.75 $84 067.50 5 3213.0401 6"Concrete Driveway - 4--- 32 13 20 SF 38110 $5.25 $200,077.50 6 3213.0451 6"Concrete Driveway,Exposed Aggregate 32 13 20 SF 190 $8.25 $1 567.50 7 0241.0100 Remove Sidewalk 02 41 13 SF 29980 _ $2.75 $82,445.00 8 3213.0301 4"Concrete Sidewalk 32 13 20 SF 48105 $5.25 $252,551.25 9 3213.0351 4"Concrete Sidewalk,Exposed Aggregate 32 13 20 SF 25 $7.701 192.50 10 3232.0100 Concrete Ret.Wall with Sidewalk 32 32 13 SF 2380 $20.90 $49,742.00 11 0241.1400 Remove Concrete Valley Gutter 0241 15 SY 285 $27.50 $7,837.50 12 3216.0301 6"Concrete Valley Gutter 32 1613 SY 335 $62.70 $21,004.50 13 0241 1506 2"pavement Surface Milling 0241 15 SY 2640 $3.30 $8,712.00 14 0241 1700 11"Pavement Pulverization 0241 15 SY 39975 $5.45 $217,863.75 15 3212 0303 3"Asphalt Pavement Type D 32 12 16 SY 42615 $13.70 $58382550 16 3211.0600 Cement Modification,13lbs/sy 3211 33 _TN_ _ 260 $115.00 $29,900.00 17 9999.0000 Roadbond EN1 mm - - -GA _ _- 313 _- $115.00 $35,995.00 18 3305.0112 Water Valve Box Adjustments(with Steel Riser) _ EA 8 $100.00 $800.00 19 3305.0112 Water Valve Box Adjustments(with Concrete Collar) 33 O5 17 EA 15 $350.00 $5,250.00 20 3305.0112 Manhole Adjustments(with Concrete Collar) 33 05 17 EA 16 $600.00 $9,600.00 21 3305.0107 Miscellaneous Adjustments(Water Meter Box) 33 05 14 EA 187 50.00 $9,350.0 22 3123.0101 Unclassified Street Excavation 31 23 16 CY 75 $30.00 $2.250.00 23 9999.0000 Curb Address Painting 32 17 25 EA 478 $20.00 $9,560.00 24 3292.0100 Block Sod Replacement 32-62 13 SY 5898 $7.70 $45,414.60 25 0241.0300 Remove ADA Ramp 0241 13 EA 17 $550.00 $9 350.00 26 9999.0000 ADA Ramp EA 59 $1,650.00 $97,350.00 27 9999.0000 5'Curb Inlet Top EA 1 $2,310.00 $2,310.00 28 9999.0000 10'Curb Inlet Top EA 4 $3 278.00 $13,112.00 _ ._._ __.. W 29 3217.0002 4"Solid Yellow Thermoplastic(HAS)Center Lines ^^ 32 17 23_ LF 160 $5.50 $880.00 30 3217.0301 12"Solid Pavement Markings(Cross-walk,White)- 32 17 23 _ LF 256 $7.15 $1,830.40 31 3217.0305 Stop Bars Pavement Markings - - 32 17 23 LF 488 $8.80 $429440 _ ........------ _. _...._.-. -- 32 9999.0096 Paving Construction Allowance EA 1 $141,000.001 $141.000.00 Bid Summary Base Bid m� Total Base Bid Alternate Bid Total Alternate Bid I Deductive Alternate Bid Total Deductive Alternate Bid - Additive Alternate Bid Total Additive Alternate Bid. Taal Pidl 1JZ$151,495.,9U CITY OF FORT WORTH - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 _ 00 42 43 BID PROPOSAL. par,5 ufl SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Item Description Specification Unit of Section No. Measure gid Quantity Unit Price Bid Value CRY OF FORT WORTH -+ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 bid workbook 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 6 of 8 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 our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of 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. El BIDDER: Advanced Paving By: S Garrett 2257 Joe Field Rd. (Signature) Dallas,TX 75229 Title: President Date:&Za/ END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110627 bid workbook 00 45 12 BID FORM Page 7 of 8 SECTION 00 4512 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date HMAC Street Reconstruction Heavy Maintenance and all Advanced Paving items directly associated with the paving. 0 0 0 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Advanced Paving By: m Gar tt 2257 Joe Field Rd. gnature) Dallas, TX 75229 Title: President Date: // 3 2'/ END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 bid workbook 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No.01820. Contractor further certifies that,pursuant to Texas Labor Code, Section 7 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTPUCTOR: Y 12 Gr G' d By: 13 Company (Pi t 14 —7 15 ILei Signature: 16 Address 17 18 Title: 19 ' /State/Zip (Please t) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME,theundersigned authority,on this day personally appeared 27 L l — ,known to me to be the person whose name is 28 subscribed to the for9gomg inshwent,an#ackncMledged to me that he/she executed the same as 29 the act and deed of Q�t Q(✓G` ��y�i for the purposes and 30 consideration therein expressed and ink1he capacity therein stated. 31 32 GIVE ER MY HAND AND OF OFFICE this _ day of 33 �'Lf/ 20 34 35 36 C- - �'✓� 37 Publiand for the State of Texas 38 39 END OF SECTION ,0ill1,,, BECKYLStateof Notary Public, exas40 My Commises,°rE���E October '�lllllll\\ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 0005 15-1 ADDENDA Page 1 of I 1 2 SECTION 00 0515 3 ADDENDA No.l 4 5 6 7 The contract and documents for this project are hereby revised or amended to clarify the 8 following: 9 10 11 Section 00 42 43—Proposal Form: 12 13 Bidlist Item No.10—Concrete Retaining Wall with Sidewalk: per Section 32 32 13, 14 payment for walls will be independent of the adjacent sidewalk. 15 16 Bidlist Item No. 14— 11"Pavement Pulverization: under this item, 11"of existing 17 pavement will be pulverized,and then remove 3"; followed by cement stabilizing the 18 remaining 8"of pulverized material. No undercutting is required. 19 20 21 Please acknowledge receipt of this addendum by signing and inserting into your proposal, 22 at the time of bidding. Failure to return a signed copy of this addendum may be grounds 23 for rendering this bid as nonresponsive. 24 25 26 Receipt Acknowledges: 27 28 4 29 By: By: ' 30 31 32 END OF SECTION CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised July I,2011 I! Iw F_ Wo Rpt'H City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY if the total dollar value of the contract is greater than$50,000,then a MBE subcontracting goal maybe applicable. If the total dollar value of the contract is$50,000 or less,then an MBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this project is 20 %of the total bid(Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or; 3. Good Faith Effort documentation,or; 4. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. LE-r '`11� yyis t S�. T- E!5`1 y1=4+i .5t a, 5+r :.rsat V 1. Subcontractor Utilization Form,if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date,exclusive of the bid opening date. �- 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if participation is less than opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if no MBE participation: I opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date,exclusive of the bid opening date. 6. Joint Venture Form,if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S 13USINESS DIVERSITY ENTERPRISE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the MIWBE Office at(817) 212-2674. Rev.5/30/12 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on JANUARY 27, 2015 is made by and between the City of 5 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 6 Manager, ("City"), and ADVANCED PAVING ACQUISITION, LTD., authorized to do 7 business in Texas,acting by and through its duly authorized representative,("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 2014 CIP STREET RECONSTRUCTION-CONTRACT 2, 17 02420 18 Article 3.CONTRACT TE14E 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 150 calendar days after the date 24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 25 Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised August 17,2012 a i i i i i i i i i i i i i i i i i 005243-2 Agreement Page 2 of 4 37 Article 4.CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of 1 WO MILLION SIX HUNDRED SIXTY ONE 40 THOUSAND FOUR HUNDRED NINTY SIX DOLLARS AND NINTY CENTS 41 ($2,661,496.90). 42 Article 5.CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between City and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form 49 1) Proposal Form 50 2) Vendor Compliance to State Law Non-Resident Bidder 51 3) Prequalification Statement 52 4) State and Federal documents(project specific) 53 b. Current Prevailing Wage Rate Table 54 c. Insurance ACORD Form(s) 55 d. Payment Bond 56 e. Performance Bond 57 f. Maintenance Bond 58 g. Power of Attorney for the Bonds 59 h. Worker's Compensation Affidavit 60 i. MBE and/or SBE Commitment Form 61 3. General Conditions. 62 4. Supplementary Conditions. 63 5. Specifications specifically made a part of the Contract Documents by attachment 64 or, if not attached, as incorporated by reference and described in the Table of 65 Contents of the Project's Contract Documents. 66 6. Drawings. 67 7. Addenda. 68 8. Documentation submitted by Contractor prior to Notice of Award. 69 9. The following which may be delivered or issued after the Effective Date of the 70 Agreement and, if issued,become an incorporated part of the Contract Documents: 71 a. Notice to Proceed. 72 b. Field Orders. 73 c. Change Orders. 74 d. Letter of Final Acceptance. 75 76 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised August 17,2012 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 005243-3 Agreement Page 3 of 4 77 Article 6.INDEMNIFICATION 78 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 79 expense, the city, its officers, servants and employees, from and against any and all 80 claims arising out of, or alleged to arise out of, the work and services to be performed 81 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 82 under this contract. This indemnification provision is specifically intended to operate 83 and be effective even if it is alleged or proven that all or some of the damages being 84 sought were caused,in whole or in part, by any act, omission or negligence of the city. 85 This indemnity provision is intended to include, without limitation, indemnity for 86 costs,expenses and legal fees incurred by the city in defending against such claims and 87 causes of actions. 88 89 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 90 the city,its officers,servants and employees,from and against any and all loss,damage 91 or destruction of property of the city,arising out of,or alleged to arise out of,the work 92 and services to be performed by the contractor, its officers, agents, employees, 93 subcontractors, licensees or invitees under this contract. This indemnification 94 provision is specifically intended to operate and be effective even if it is alleged or 95 proven that all or some of the damages being sought were caused,in whole or in Part, 96 by any act,omission or negligence of the city. 97 98 Article 7.MISCELLANEOUS 99 7.1 Terms. 100 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 101 have the meanings indicated in the General Conditions. 102 7.2 Assignment of Contract. _ 103 This Agreement, including all of the Contract Documents may not be assigned by the 104 Contractor without the advanced express written consent of the City. 105 7.3 Successors and Assigns. 106 City and Contractor each binds itself, its partners, successors, assigns and legal 107 representatives to the other party hereto, in respect to all covenants, agreements and 108 obligations contained in the Contract Documents. 109 7.4 Severability. 110 Any provision or part of the Contract Documents held to be unconstitutional, void or 111 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 112 remaining provisions shall continue to be valid and binding upon CITY and 113 CONTRACTOR. 114 7.5 Governing Law and Venue. 115 This Agreement, including all of the Contract Documents is performable in the State of 116 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 117 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised August 17,2012 WfTy Jf]A,%ks mftlnrs&d. 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'1 -:6 ej; ti pi, jj4, 11191,&T d Nwie 005243-4 Agreement Page 4 of 4 118 7.6 Other Provisions. 4 119 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 120 classified, promulgated and set out by the City, a copy of which is attached hereto and 121 made a part hereof the same as if it were copied verbatim herein. 122 7.7 Authority to Sign. 123 Contractor shall attach evidence of authority to sign Agreement, if other than duly 124 authorized signatory of the Contractor. 125 126 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 127 counterparts. 128 129 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 130 n Contract , City of Fort Worth b Fernando Costa B Assistant City Manager da (Signature) oe /s /-1-� � (Printed Name) C0 Title: ' ` g `b �P Address: ` °r°° °° M& Date: Ci!ya /State/Zi ; Approved as to Form and Legality: QQ30�� � — Date Douglas W. Black Assistant City Attorney 131 132 133 APR�OIVAL RECOMMENDED: 134 135 136 Douglas#..Wiersig,P.E. • 137 DIRECTOR, 138 Transportation&Public Works 139 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised August 17,2012 1 1 1 1 1 1 1 . __.. . . � 1 1 1 : . ,, � 1 1 1 1 1 1 1 ISSUED IN FOUR(4)COUNTERPARTS 0061 13-1 PERFORMANCE BOND Page 1 of t Bond Number: SSB 408279 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we,ADVANCED PAVING ACQUISITION,LTD., known as"Principal"herein and 9 RLI INSURANCE COMPANY, a corporate surety(sureties, if more than one)duly authorized to 10 do business in the State of Texas, known as"Surety"herein(whether one or more), are held and L 11 firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of 12 Texas, known as"City"herein, in the penal sum of, TWO MILLION SIX HUNDRED SIXTY 13 ONE THOUSAND FOUR HUNDRED NINTY SIX DOLLARS AND NINTY CENTS 14 ($2,661,496.90), lawful money of the United States,to be paid in Fort Worth,Tarrant County, 15 Texas for the payment of which sum well and truly to be made, we bind ourselves,our heirs, 16 executors, administrators, successors and assigns,jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 27`x' day of JANUARY,2015, 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 20 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 21 as provided for in said Contract designated as 22 2014 CIP STREET RECONSTRUCTION-CONTRACT 2, 02420 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications,and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Niern District of Texas Fort 31 Worth Division. OFFICIAL RECORD CITY SECRETARY FT. WORM TX CITY OF FORT WORTH 2014 ! M-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 Bond Number: SSB 408279 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 6`h day of FEBRUARY, 2015. 6 PRINCIPAL: 7 ADVANCED P G AC ITIO LTD. 8 9 10 BY: 11 Ignature 12 ATTEST: 13 14 15 (Principal)Secretary Name and Title 16 17 Address: 2257 Joe Field Road 18 Dallas,TX 75229 19 20 21 Witness as to incipaf 22 SURETY: 23 RLI INSURANCE COMPANY 24 25 ` 26 BY: v ' 27 Signature _ 28 > 29 V.DeLene Marshall,Attomey-In-Fact 30 Name and Title 31 32 Address: 9025 N. Lindbergh Drive 33 Peoria,IL 61615 34 35 1C 36 Witness as to Surety Telephone Number: 800-645-2402 37 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised July 1,2011 ISSUED IN FOUR(4)COUNTERPARTS 0061 14-l PAYMENT BOND Page 1 of 2 Bond Number: SSB 408279 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, ADVANCED PAVING ACQUISITION, LTD., known as "Principal" herein, 9 and RLI INSURANCE COMPANY, a corporate surety (sureties), duly authorized to do business 10 in the State of Texas, known as"Surety"herein(whether one or more), are held and firmly bound 11 unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of 12 Texas, known as "City" herein, in the penal sum of TWO MILLION SIX HUNDRED SIXTY 13 ONE THOUSAND FOUR HUNDRED NINTY SIX DOLLARS AND NINTY CENTS 14 ($2,661,496.90), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns,jointly and severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 27`h day of JANUARY, 2015, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as 2014 CIP STREET RECONSTRUCTION-CONTRACT 2, 02420. NOW, 22 THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay 23 all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the 24 Texas Government Code, as amended) in the prosecution of the Work under the Contract, then 25 this obligation shall be and become null and void; otherwise to remain in full force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. 29 - rOFFICI:ALRECORD RETARYTHI TX CITY OF FORT WORTH 2014 CIP STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RECONSTRUCTION_CONTRACT 2 Revised July I,2011 02420 0061 14-2 PAYMENT BOND ~ Page 2 of 2 Bond Number: SSB 408279 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 6h day of FEBRUARY, 2015. 3 PRINCIPAL: ADVANCED P G A UISITI LTD. ATTEST: BY: Signature � _[� v7W e � ■ (Principal) Secretary Name and Title Address: 2257 Joe Field Road Dallas,TX 75229 ■ Witness as t rincipal SURETY: RLI INSURANCE COMPANY Al BY: Signature 1, V.DeLene Marshall.Attorney-In-Fact (Sur Witness Name and Title Address: 9025 N.Lindbergh Drive Peoria, IL 61615 Witness as to Surety Telephone Number: 800-645-2402 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 OFFICIAL RECORD CITY SECRETARY FT. NORTH, TX CITY OF FORT WORTH 2014 CIP STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RECONSTRUCTION_CONTRACT 2 Revised July 1,2011 02420 ISSUED IN FOUR(4)COUNTERPARTS 00 61 19-1 MAINTENANCE BOND Pagel of 3 Bond Number: SSB 408279 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 ADVANCED PAVING ACQUISITION, LTD., known as"Principal"herein and 9 RLI INSURANCE COMPANY, a corporate surety(sureties, if more than one)duly authorized to 10 do business in the State of Texas, known as"Surety"herein (whether one or more), are held and 11 firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of 12 the State of Texas, known as "City"herein, in the sum of TWO MILLION SIX HUNDRED 13 SIXTY ONE THOUSAND FOUR HUNDRED NINTY SIX DOLLARS AND NINTY CENTS 14 ($2,661,496.90), lawful money of the United States,to be paid in Fort Worth,Tarrant County, 15 Texas, for payment of which sum well and truly be made unto the City and its successors, we 16 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 17 firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 27`h day of JANUARY, 2015, which Contract is hereby referred to and a made part hereof for 21 all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 22 accessories as defined by law, in the prosecution of the Work, including any Work resulting from 23 a duly authorized Change Order(collectively herein,the"Work") as provided for in said contract 24 and designated as 2014 CIP STREET RECONSTRUCTION-CONTRACT 2, 02420; 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 thereof at any time wi 11ine maintenance 33 Period. OFFICIAL RECORD 34 CITE'SECRETARY FT.WORTH,TX CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 Bond Number: SSB 408279 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 20 21 22 23 24 25 26 OFFICIAL RECORD CITY SECRETARY 27 FT.WORTH, TX CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 Bond Number: SSB 408279 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 6 'day of FEBRUARY, 2015. 3 4 PRINCIPAL: 5 _ADVANCED P ING A ISITIO LTD. 6 7 8 BY: 9 qllgnature 10 ATTEST: / 12 13 (Principal)Secretary Name and Title 14 15 Address: 2257 Joe Field Road 16 Dallas,TX 75229 17 181 19 eitnissCa—s to P i cipal 20 SURETY: 21 RLI INSURANCE COMPANY 22 23 24 BYI-A t 25 Signature - 26 27 V.DeLene Marshall,Attorney-In-Fact 28 ATTE T: f Name and Title 29 r - 30 Address: 9025 N. Lindbergh Drive 31 (Surety / Witness Peoria,IL 61615 32 33 L �� 34 Witness as to Surety Telephone Number: 800-645-2402 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 OFFIWAL RECORD CITY SECRETARY FT.NORTH,TX CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION CONTRACT 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02420 Revised July 1,2011 4 ® RLI Suety POWER OF ATTORNEY RLI 9025 N.Lindbergh Dr.I Peoria,IL 61615 Phone:(800)645-2402 1 Fax:(309)689-2036 RLI Insurance Company www.rlicorp.com Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company,an Illinois corporation,does hereby make,constitute and appoint: Lisa M.Bonnot,Don E.Cornell,Ricardo J.Reyna.V.DeLene Marshall.Sophinie Hunter,jointly or severally in the City of Dallas . State of Texas its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit: "All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its " corporate seal affixed this 1st day of August _ 2014 cE'6 RLI Insurance Company �aAonnTE�A By: Roy C.Di Vice President State of Illinois l „<II N�O�y••`,, } County of Peoria ))) SS CERTIFICATE On this Ist day of August 2014 , before me, a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock personally appeared Roy C. Die who being by me duly sworn, corporation of the Stats of Illinois,do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hqn4 and the seal of the RLI Insurance Company this day of By: e.-. Jacque a M.Bockler Notary Public RLI Insurance Company "OFFICIAL SEAL" OFFICIAL RECORD NOTAHV �PLIN s JACQUELIfVE M.SOCKLER CITY C�6T�• Vice President srA�� COMMISSION EXPIRES OtAM18 C.Di -•41M&IRTH, TX A0058514 RLIRLI Insurance Company Texas Policyholder Notice P.O.Box 3967 Peoria,IL 61612-3967 Phone:309-692-1000 Fax:309-683-1610 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener information o para someter una queja: You may call RLI Insurance Company's toll free telephone Usted puede llamar al numero de telefono gratis de RLI number for information or to make a complaint at Insurance Company's para informacion o para someter una 800-645-2402. queja al 800-645-2402. You may also write to RLI Insurance Company at: Usted tambien puede escribir a RLI Insurance Company: 9025 N.Lindbergh Drive 9025 N. Lindbergh Drive Peoria,IL 61615 Peoria,IL 61615 FAX# 309-683-1610 FAX# 309-683-1610 You may contact the Texas Department of Insurance to obtain Puede comunicarse con el Departamento de Seguros de Texas information on companies,coverages,rights or complaints at para obtener informacion acerca de companias,coberturas, 1-800-252-3439 derechos o quejas al 1-800-252-3439 s You may also write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax Number: (512)475-1771 Fax Number: (512)475-1771 Web:http://www.tdi.texas.gov Web:http://www.tdi.texas.jzov E-mail:ConsumerProtectioi�tdi.texas.gov E-mail: ConsumerProtectionaa,tdi.texas.l;ov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un reclamo,debe claim,you should contact the agent first. If the dispute is not comunicarse con el agente primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department of Insurance. puede entonces comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become a part or Este aviso es solo para proposito de informacion y no se convierte condition of the attached document. en parte o condicion del documento adjunto. OFFICIAL RECORD CITY SECRETARY V FT. WORTH,TX is UW 1042ML(04/13) M4201413 CERTIFICATE OF LIABILITY INSURANCE 2/10/2015"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONAME:NTACT Janice Sullivan Patterson & Associates Insurance Agency, Inc. PHONE (972)669-2431 FAX (972)783-0831 1202 East Arapaho Rd. #100 AIL ADDREs :Janice@piainsure.com PO BOX 852037 INSURERS AFFORDING COVERAGE NAIC# Richardson TX 75085 INSURER A.-United Fire Lloyds 43559 INSURED INSURER B:Service Lloyds Insurance Co. Advanced Paving Acquisition Ltd. , DBA: INSURERC: 2257 Joe Field Rd. INSURER D: INSURER E: Dallas TX 75229 INSURERF: COVERAGES CERTIFICATE NUMBER?014-2015 COI REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A DL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE lNqR Wa POLICY NUMBER MMID /YYYY MMI D/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE REN ED PREMI ES(Ea occurrence) $ 300,000 A CLAIMS-MADE ®OCCUR 85319559 /26/2014 /26/2015 MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICYFX PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ p' ALLOWNED SCHEDULED AUTOS AUTOS 85319559 /26/2014 /26/2015 BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per acc dent $ X UMBRELLA LIABOCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB HCLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,00C 85319559 4/26/2014 /26/2015 $ B WORKERS COMPENSATIONX WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N I A (Mandatory In NH) RZF22036-14 /26/2014 /26/2015 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more space is required) RE: 2014 CIP St Reconstruction Contract 2- City of Fort Worth are included as Additional Insured(s) on the General Liability and Business Auto policies under their blanket automatic additional insured endorsements, which provides additional insured status when there is a written contract that requires such status. The General Liability policy includes primary and noncontributory wording. Waiver of Subrogation applies to all policies in favor of the specified entities when there is a written contract between the insured and the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE /� /► THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Forth Worth OFFICIAL RECORD ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Worth, TX St 10 CITY SECRETARY AUTHORIZED REPRESENTATIVE Fort Worth, TX 76102 FT.WORTH,TX Dan Thomas/JANICE ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 t2ntm,l n1 Tic anriDn nnmo and Innn nra ronicfororl mnrke of at npn r Y POLICY NUMBER: 8532000'8 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations .BLANKET information required to complete this Schedule, if not shown above,will be shown in the Declarations.. Section 11—Who Is An Insured is amended to..include 1,500 as an additional.insured.the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage" caused, in whole or in part, by "your work". at the location designated and described In the schedule. of this endorsement performed for that additional insured and included in the "products-completed operations hazard". 00 20 37 01 94 ®lSO Properties, Inc.,2004 Page 1 of 1 *40015700* . �I�IIII Illll fll(I 11111 VIII VIII f Illi 11111 illi Illi 85320008 ENDORSEMENT SPEC END P (0000) PRIMARY ADDITIONAL—INSURED - OWNERS, LESSEES OR• CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION . THIS ENDORSEMENT MODIFIES THE COMMERCIAL GENERAL LIABILITY COVERAGE PART - ADD3TIONAL INSURED PERSON (S) OR ORGANIZATIONS) LOCATIONS (S) OF COVERED OPERATIONS: WITH RESPECT TO THE COVERAGE PROVIDED UNDER CG2010 0704 AND CO2037 0704,OTHER INSURANCE IS DELETED AND REPLACED BY:COMMERCIAL GENERAL LIABILITY CONDITIONS (SECTION IV) , PARAGRAPH 4. (4.) OTHER INSURANCE - A: PRIMARY INSURANCE THIS INSURANCE PROVIDED. TO ^AN' ADDITIONAL INSURED .SHOWN IN THE SCHEDULE ABOVE IS PRIMARY AND. NON-CONTRIBUTORY' EXCEPT WHEN B. APPLIES BELOW (B) EXCESS INSURANCE. - THIS INSURANCE IS EXCESS OVER ANY OF THE ^OTHER INSURANCE,. WHETHER PRIMARY EXCESS CONTIGENT OR, ON ANY OTHER BASIS: (1) THAT IS FIRE, EXTENDED COVERAGE, BUILDERS RISK, INSTALLATION RISK .OR SIMILAR COVERAGE FOR "YOUR WORK" (2) THAT IS FIRE .INSURANCE FOR PREMISES .RENTED TO YOU OR TEMPORARILY OCCUPIED BY YOU WITH PERMISSION OF THE OWNER (3) THIS I$ INSURANCE PURCHASED BY YOU TO COVER YOUR LIABILITY AS A TENANT FOR PROPERTY DAMAGE TO PREMISES RENTED TO YOU. OR TEMPORARILY OCCUPIED BY YOU WITH PERMISSION OF THE OWNER; OR (4) IF THE LOSS ARISES. OUT OF THE (4) IF THE LOSS '•ARISES OUT OF THE MAINTENANCE OR USE OF AIRCRAFT AUTOS OR WATERCRAFT .TO THE' EXTENT NOT SUBJECT .TO ,EXCLUSION G OF SECTION 1 COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY All other terms, conditions, limitations and agreements of the policy remain unchanged. SPEC END P (0000) *41015710x 111111111111111 loll 1111111111111 R Policy 8532(}008 .� CA 7109 0106 THIS ENDORSEMENT.CH,ANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insuranceprovided under the following: BUSINESS AUTO COVERAGE FORM COVERAGEINDEX Description Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE 1 BROAD FORM INSURED 1 EMPLOYEES AS INSUREDS 2 ADDITIONAL INSURED STATUS BY CONTRACT, AGREEMENT.OR PERMIT 2 AMENDED FELLOW EMPLOYEE EXCLUSION 2 TOWING AND LABOR 2 PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 .EXTRA EXPENSE THEFT 3 RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE 3 PERSONAL EFFECTS COVERAGE 4 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 4 AIRBAG ACCIDENTAL DISCHARGE 4 AUTO LOAN/LEASE TOTAL LOSS PROTECTION ENDORSEMENT 4' GLASS REPAIR- DEDUCTIBLE AMENDMENT ,.__6 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 6 WAIVER OF.SUBROGATION REQUIRED BY CONTRACT, S. UNINTENTIONAL FAILURE TO DISCLOSE '' 5 HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE 5 EXTENDED CANCELLATION CONDITION 6 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms "set forth 1 (Bold Italics) are likewise for 1rif6rmation only and by themselves shall be deemed. to grant no coverage. A. TEMPORARY 'SUBSTITUTE AUTO PHYSICAL B. BROADENED LIABILITY COVERAGES DAMAGE SECTION II-.:LIABILITY,COVERAGE:in Oaragraph.X SECTION I—COVERED AUTOS,paragraph C..Certain Coverage at 1.at Is An Insured is amended_to Trailers, Mobile Equipment ` and'. Temporary include;tFe following: Substitute Autos is amended by adding the following at the end of the existing language: (broad Form Insured) _ h If•Physical Damage Coverage is provided•under-this d. .Any legally incorporated. subsidiary in which;you o° Coverage form for an "aut .:you. own, the�Physical -_own.more than_ 50% of -the voting„stock' on the Damage coverages provided for that owned auto" are effective date of the Coverage..Form. However, the extended to any"auto'you do not own while used with Named.lnsured does not include ony_sutisidiary that the permission of its owner as a temporary substitute for is an "insured'`under.any;other automobile poiicy..or the covered '"auto" you own that' is' out of service would be an "insured" under° such a policy .but because of its breakdown; repair, servicing; "loss",'or for Its termination .or the exhaustion of its Limit destruction. of Insurance. CA 7109 01,06 lncludes Copyrighted.material,af Insurance Zeirvice' s Office, Inc;, with its..permission. :Page 1 of 6 i *25015550* 1 I IIIIII 111111111111111 ILII 1111 1111 11 1111111 CA 7109 0106 e. .Any organization that is acquired or formed by you, C. AMENDED FELLOW EMPLOYEE EXCLUSION during the term of this policy,and.over which .you maintain majority ownership. However, the Named Only with respect to your "employees" who occupy Insured does not include any newly formed :or positions which are supervisory in nature, SECTION If. acquired organization: LIABILITY B. Exclusion- 5. Fellow. Employee is w (1) That is a joint venture or partnership, replaced by: • (2) That is.an"insured" under any other policy, 5. Fellow Employee " "Bodily Injury": (3) That has exhausted Its Limit of Insurance under .any other policy,or (a),To you, or your partners or members (if you are a partnership or joint venture), or to your (4) 180 daysor more after its acquisition or members of you are a limited liability formation by you, unless you have given us company); notice of the acquisition or formation. Coverage does .not apply to "bodil injury ' or (b) To your"executive.officers" and directors (if g pP y y j ry you are an organization .other than .a `property damage"that results from an accident that partnership',-Ont venture, or�:limited liability occurred before you formed or acquired the organization. company) but only I with •respect to performance of their.dutles`as your officers or directors; (Employee as Insureds) f. Any employee of yours while.acting in the course of (c) For which there is an obligation to share your business or your personal affairs while,using a damages with or repay someone else Who covered"auto"you do not own, hire or borrow. must. pay damages because of the injury described in paragraph a and b above; or w (Additional Insured Status by Contract, Agreement or Permit (d) Arising out of.his or her providing or failing 1 to provide professional health cars servicers. g. Any person or organization whom. you are required For purposes of this endorsement, a position is deemed to.add as an additional insured on this policy under to be supervisory 'in nature if that 'person performs a written contract or agreement; but. the written pdnciple work which"is substantially different from that. contract or agreement must be:' of his or her subordinates'and has authority to hire, (1) Currently in effect or becoming effective during transfer,direct,discipline or discharge. the term of this policy; and •D..- BROADENED PHYSICAL DAMAGE-COVERAGES (2) Executed prior to the "bodily Injury" or"proPerty damage"., SECTION_. III. PHYSICAL . DAMAGE. COVERAGE Coverage is amended as follows: The additional insured status will.apply only with respect to your liability for "bodily injury' or."property damage" (TOWING AND LABOR) which rhay be Amputed to : that person(s), . or 1 Towing and Labor organization(s) directly, arising out of-the ownership, maintenance or -use of the covered_ "autos" at. the We will pay towing and labor costs incurred,,up to the location(s) designated, if any. limits shown below, each time a covered -"auto" Coverage provided by this endorsement wilt'not exceed classified and rated as a.private passenger type,.-"light the limits of liabird)(required by the written contract :or truck'! or"medium truck" is disabled:. written agreement evenif the limits of liability stated In .(a) For`private passenger type.vehicles,or"light the.policy exceed those limits. This endorsement shall trucks" we will, pay up to. $75 per not increasethe Limits stated'in Section IL C. Limits of disablement. "Light trucks' have_ a gross Insurance. vehicle.weight.(GVVV) of.10,000 pounds or For any covered "auto"'you own this.G.overage Form less. provides primary coverage. w CA 71.09.01 06 includes Copyrighted material of Insurance Services Office,•Inc.,with its permission. Page'2.of 6 " CA 71 09 0106 (b),.For.":medium trucks".we will pay up to $150 (2):,We will'pay only for expenses incurred per disablement. ".Medium trucks" have a during the policy period and beginriing;24 gross vehicle weight (GVVV):of 10,001 lbs. hours after the "loss" and ending, regardless to 26,000 pounds. of the policy's expiration, with the.lesser'of the following number of days: " However,`the labor must be performed at the place of (a) The number ,of days reasonably disablement., required to repair or replace the covered (PHYSICAL DAMAGE ADDITIONAL "auto:" If."loss° is:caused_ by theft, this - TRANSPORTATION EXPENSE COVERAGE) number. days is ovto the number of days ittto la takes to locate the covered 4: Coverage Extensions ."auto" and return it to you,or " .(b). 30.days. a. Transportation Expense is amended to . provide.the following limits: (3) Our'payment is limited to the lesser of the following;amounts: We will pay'up to $50.per,day`to a maximum of .$1,000. All other terms and provisions of this _ (a) Necessary and actual expenses section remain applicable. incurred; or {EXTRA EXPENSE-THEFT} (b) $35 per day. The following language is added to 4. Coverage (c) This coverage `does not apply while. Extensions: . there. are``spare or 'reserve "autos" c: Theft Recove Ex nse , available to you for your operations: rY, pe. (d) If "loss" results from the total theft of a If you have purchased Comprehensive covered "auto" of the private passenger Coverage on an"auto"that Is stolen, we will pay . 'oraight truck type;-we will pay;under this the expense.of returning that stolen-,auto.to..you. coverage only that amount -of your "The limit,for this coverage extension is$5,000: rental rielmbuisernent expense which is not already°provided for under the (RENTAL REIMBURSEMENT„ AND ADDITIONALSECTION 111 PHYSICAL DAMAGE TRANSPORTATION EXPENSE).. COVERAGES A. .: Coverage, 4. • d. -Rental Reimbursement Coverage: ;Exttenstons,.. 'a. Transportation Expenses: . We will provide Rental Reimbursement and (PERSONAL_EFFECTS.COVERAGE). Additional Expense :coverage :only for those Physical Damage :coverages. for 'which a e: PersonafEffects. premium,-is"-shown_. in -the, Declarations. or If you have purchased • Comprehensive schedule pages. Coverage applies only to a Coverage on this policy for an "auto" you own covered "auto" of the private passenger or light and that "auto' is-stolen, we will pay; without truck (10,000 lbs. or less gross vehicle.welght) • _ application of a:� deduct�le.,' 'up to $500 .for. ,type..for which Physical Damage. coverages apply. Personal Effects Stolen`with the auto". 'The insurance provided Under-..this 'provision As (1) We will pay for auto•rental expense and the excess over any other`coileldible' insurance. For., expense incurredby'you- because 'of "loss" this coverage extension' Personal Effects to remove and-transfecyour materials and means tangible property that Is wom or carried equipment from a covered "auto''- to aan 'insured Personal .Effects does not covered "auto Payment applies in'addition inc lode'. fools, jewelry, guns; musical to the otherwise applicable coverage. you instruments; money, or securities. have on a covered 'auto." No deductible applies to this coverage. CA.71.09 01 06 .Includes Copyrighted matedat:of Insurance.Services.Offlce;Inc:;with its permission. Page 3 of`6 I Illlll VIII fill Illll Illll VIII VIII illll Illi fill x26015.560* l CA 71 09 01 06 (AUDIO, VISUAL; AND DATA ELECTRONIC (4) :With respect to this coverage; the most we EQUIPMENT COVERAGE) will pay for all "loss" of audio, visual or data electronic equipment and any accessories (Deletion of Audio Visual,Equipment Exclusion) used with this equipment as a result of any one 'accident"is the lesser of: f. Audio, Visual and Data Electronic Equipment Coverage. (a) The actual cash value of the damaged or stolen property as of the time of the We will pay for "loss" 'to any electronic "loss; equipment_ that receives g o or transmits audio, (b) The'cost of repairing- .or .replacing the visual or data signals and that is not designed• damaged or stolen property with other solely for the reproduction of sound. This property of like kind and quality; or coverage applies only, if the equipment is $1,000; permanently installed in a covered "auto" at the time of the"lose or the equipment is.removabie minus a deductible of$100. from a housing unit., Which is permanently An adjustment for depreciation and physical installed in a covered "auto" at the time of the condition will.be made in determining actual ,"loss", and such equipment is.designed to be cash value at the time'of.loss.., If a repair or solely operated by use of the power from the replacement results in better than like kind "auto's" electrical system, in or upon the or quality, we will not pay for the,amount.of covered"auto." the betterment. (1) We.will,pay with respect.to a covered'auto" if there is other coverage .provided for audio, for "loss' to any accessories used with the visual and data electronic equipment, the electronic equipment described above. covera9e provided herein is excess over any However, this 'does not include tapes, other collectible ins*urance. records or discs. (2) In addition to'the exclusions that apply to (AIRBAG ACCIDENTAL DISCHARGE) Physical Damage Coverage with exception D. SECTION111 — PHYSICAL DAMAGE COVERAGE, of the exclusion relating to audio, visual and g, Exclusions is amended as follows-' data„electronic equipment, the following exclusions also.apply: The following language is added:to Exclusion 3. ;(3) We will not pay' for any electronic If .you have purchased Comprehensive' or Collision " equipment or accessories used with such Coverage under this policy; this exclusion. does not electronic equipment that'are: apply .to mechanical breakdown relating to. the (a) Necessary for the :normal operation of accidental discharge of an air bag. This coverage the covered "auto' for the monitoring of applies'only .to a covered .auto you own and is the. covered "Auto's" operating system; excess' of any other.collectible insurance or warranty. or No deductible applies to this coverage. (b) Both: E. AUTO LOAN/LEASE TOTAL LASS PROTECTION .An, integral, part of the same unit SECTION III PHYSICAL. DAMAGE COVERAGE— C. housing .: any sound .reproducing Limit of Insurance is amended by adding the following :equipment' designed solely for the language: reproducing of sound if, the sound .reproducing equipment is permanently 4. In the. event of .a .total 'loss° to, a covered "auto" installed.in the cov,.ered,"auto"; and shown in the Schedule pages, subject at the time of Permanently installed in the opening of the.Joss"to a loan or lease, we will.pay any unpaid the dash or console normally used .by amount:. due on the (ease. or loan for a. covered the manufacturer for the installation of a "auto"less: radio. CA 71 0904 06 Includes Copyrightedmaterial of Insurance Services-Office,Inc.,wiith Its permission. Page.4 bf 6 CA 71 09 01 06 a.. .The -amount -paid under the .Physical-Damage .(4):Your. .members,., managers;. or .insurance Coverage Section of the-policy; and manager,. if you are.: a: -limited liability b. Any: company; or (1) Overdue-lease / loan payments at the time. (5) Your..officials,.icustees;,board,'members or insurance manager, if you are a of the.loss'; not-for-profit organizatiori. (2),Financial penalties imposed under a lease G. WAIVER OF SUBROGATION REQUIRED BY for'exdessive use, abnormal iNear and tear CONTRACT or high mileage; (3) Security deposits not returned by the lessor; Under SECTION N,, BUSINESS:, AUTO CONDITIONS, A. Loss.. Conditions 6.. Transfer (4) Costs-for extended warranties, Credit Life of Rights of Recovery Against Others to Us Insurance, Health, Accident ,or Disability the following language Is added: Insurance purchased with the loan or lease; However, we waive any rights of recovery we may and have against the person or organiiation:with whom (6) Carry-overbalances.from..previous,loa ns or you have agreed in writing.,in a contract, agreement leases. or permit, to provide insurance such as is afforded under the policy;:to ,_which.this endorsement is (GLASS REPAIR—DEDUCTIBLE AMENDMENT) attached. This provision does not apply unless the written contract.. or, written-agreement has been Under D., Deductible is amended by adding the :.;..executed, ,or permit _has been issued, prior to the ' following: "bodily injury" or"property damage," Any deductible shown in the :Declarations as H. UNINTENTIONALFAILURE TO DISCLOSE applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, Under SECTION IV — BUSINESS AUTO rather than replaced. CONDITIONS, Subsection B. General Conditions, F. AMENDED DUTIES IN THE EVENT OF the following is added to 2. Concealment, ACCIDENT, CLAIM,SUIT OR LOSS Misrepresentation-Or Fraud: Your unintentional error in. disclosing, or failing to Under SECTION IV—BUSINESS AUTO CONDITIONS, disclose, any material fact existing at.the effective Subsection A., Loss Conditions, the following is date of this Coverage Form, or during the policy added to paragraph 2. Duties In The Event of period in connection with any additional hazards,will Accident,Suit or Loss: not prejudice.your rights under this Coverage Form. ' a of an 1. HIRED, LEASED, RENTED OR= BORROWED d. Knowled g y "accident,' "claim;" "suit" or AUTO PHYSICAL DAMAGE °loss" will-be deemed knowledge by you when notice of such "accident," 'claim," "suit" or"loss" Under SECTION IV—BUSINESS AUTO:CONDITIONS has.been recei4ed.by: B. General Conditions 6. Other Insurance (1) You, If you are an Individual; Paragraph 5.b..is replaced by the following: (2) Any partner or insurance manager if you are b. (1) For "Comprehensive' and . "Collision Auto a partnership; Physical Damage provided by.this endorsement, the following are deemed to be covered "autos" (3) An executive officer or insurance manager,. you own: if you are a corporation; . (a) Any Covered 'auto you lease, hire, rent or borrow; and CA 71 09 01 06 includes.Copyrighted material of insurance Services Office,.lnc.,with-its permission.` Page 5wf:6- *27015570* I 111111iiI1111111111111111111 fill 11111 1111 11 CA 7109 0106 (b) Any Covered 'auto".hired or rented by your -.(3) This Hired Auto Physical:Damage coverage is "employee". .under a contract in that excess over any other,collectible insurance. individual "employee's" name, with your. permission, while performing duties related (4) Definifions For This Section to the conduct of your business. (a) Cvmpreherisive.Coverage; from- _any cause However, any "auto" that is leased,: hired, rented or except the covered "auto's" -collision with borrowed with a driver is not a covered"auto" another,. object or' the covered "auto's" overturn.We will.pay glass.breakage,,"loss" (2) Limit of Insurance For This Section caused by.hitting a.bird or animal and, 'loss" The most we will pay for any one °loss" is the caused by falling objects or missiles. lesser of the following: (b) Collision Coverage: caused by the covered "auto's" collision with another object or by (a) $50,000 per.accident,or ,a the covered."auto's"overturn. (b) actual cash value at the time of loss, or J. EXTENDED CANCELLATION CONDITION (c) cost`of repair. A. Under CANCELLATION,-of the COMMON POLICY CONDITIONS form, item 2.b. is replaced by the minus a $5D0 deductible. An adjustment for following: depreciation and physical condition will be made in determining actual cash value in the event of b. 60 days before the effective date of cancellation a total loss. No deductible- applies to 'loss" if we cancel for any other.reason caused by fire or lightning. CA 71 09 01 06 Includes Copyrighted material of:Insurance-Services Office, Fnc.,=with its peFmission. Page 6 of 6' Policy#8531!)558 ■ CG 72 08 0913 TEXAS-EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This.is a summary of the various additional coverages:and coverage modifications provided by this endorsement. No coverage is provided by this summary. * Coverage for non-owned watercraft is extended to 51.feet in length * Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate ` Care, Custody and Control Property Damage Coverage ' $25,000 Occurrence with a $100,000 Aggregate-$500 Deductible " Product.Recafl Expense _ $25,000 Each Recall Limit with a'$50,000 Aggregate-$1;000 Deductible " Water Damage Legal Liability- $25,000 * Increase in Supplementary Payments: Bail Bonds to$1,000 and Loss of Earnings to$500 * For newly.formed or acquired organizations- extend the reporting requirement to 180 days f " Automatic Additional Insured - Owners, Lessees.or Contractors -Automatic Status When Required in Construction Agreement With You * Automatic Additional Insured-Vendors * Automatic Additional Insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You " Automatic Additional Insured-Managers or Lessor of Premises " Additional Insured-Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured —. State 'or, Governmental Agency or, Subdivision, or Political Subdivision - Permits or Authorizations ® " Additional Insured — Consolidated Insurance Program (Wrap -Up) Off-Premises Operations Only; Owners, Lessees or Contractors—Automatic Status When Required in Construction Agreement With You * Additional Insured-Employee Injury to Another Employee * Primary and Non-Contributory Additional Insured—Limited Parties * Contractors Blanket Additional Insured—,Limited Products—Completed Operations.Coverage * Expanded-FireLegal Liabilityao include-Explosion, Lightning and:Sprinkler Leakage " Automatically included Aggregate Limits'of Insurance (per location): * Automatically included-Aggregate Lirrilts of Insurance(per project) * Knowledge of:occurrence r'.Knowledge of an "occurrence", °cialm or suit' by your agent, servant-or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured.has received such notice from the agent, servant or employee. * Unintentional.failure to disclose all hazards. If you unintentionally fail to disclose any hazards exiitin,g at the inception date of your policy, we will not deny coverage under.this Coverage Form. because of such fafluure., However; this provision does not affect our right to collect additional premium or exercise our right of cancellation.or non-renewal. * Liberalization Condition. * Mobile equipment to include snow removal, road :maintenance and street cleaning.equipment less_than 1,00.0 lbs ■ GVW * Blanket Waiver of Subrogation * Property Damage-Borrowed Equipment * . Property Damage Liability-Elevators. " Bodily Injury Redefined "- Extended Property Damage * Damage"to Media Legal Liability-$50,000,: * Designated Operations Covered by a Consolidsted-.(Wrap-Up) Insurance Program—Limited Coverage * "Insured Contract" redefined for Limited Railroad Contractual.Liability. CG 72 08 09 13 includes copyrighted material of insurance Services.Office, Inc.,:with its permission. Page 4of 17- CG 72 08 0913 REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2HROUGH 17 FOR CHANGES AFFECTING YOUR`iNSURANCE PROTECTION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE.READ IT CAREFULLY. EXTENDED ULTRA.LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY.CQVERAGE PART SECTION I-COVERAGES COVERAGE A BODILY INJURY AND.PROPERTY DAMAGE LIABILITY The Following changes are made to 2. Exclusions: Extended Property Damage Exclusion 2.a.: Expected or Intended Injury is replaced vMh the'fonowing: 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. Extended Watercraft Coverage Exclusion 0.(2)is deleted and replaced by following: g.(2)A watercraft.you do not own that is: (a) Less than 51 feet long; (b) Not being used to carry personsor property for a charge.; Property Damage Liability..-Borrowed.Equipment The following is added to Exclusion.j.: Paragraph (4) of this exclusion does not apply to 'property damage" to borrowed equipment while at a joWte and while not being used to perform operations: The most we will pay for,"property damage" .to:any one rTowed a equipment item under this coverage is $25,000.per occurrence.,The insurance afforded under,this provision. is excess over any valid and collectible property insurance (including`deductible):available to `the insured, whethet primary; excess,'contingent or on any other basis. " Property.Damage Liability.-Elevators The,foltowing.is addedto Exclusion I.:,' Under Paragraph 2. Exdusions•of Coverage A,"Bodily Injur)r" and "Property Damage". Liability Paragraphs 3, 4& 6 , ph of this exclusion'do not apply to "pro rty damage re ' iting :from'the. use of elevators::However, any;insurance. provided for such "property damage" is'excess over any valid and collectible property. insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. CG 72 08.09 13 Includes copyrighted material of Insurance Services Office;.:Inc;;with°its permission. Page t of 47 *60015900* I ILII{Illll VIII��III III�I�IIII VIII IIII!IIII IIII CG 72 08 0913 The last paragraph of Item 2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not .apply to damage by fire; explosion; .Nghtning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage .to premises while rented to you or temporarily occupied by you with permission of this owner. A separate.limit of insurance,applies to-this.coverage as described in Section III-Limitsof " Insurance. THE FOLLOWING COVERAGES ARE ADDED: Voluntary Property Damage Coverage The insurance provided under Coverage A (Section 1) is amended to include `property damage" to:property of others • caused by the insured: a. While in your possession; or " b. Arising out of"your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to.pay. For the purposes of this Voluntary Property Damage Coverage only: • 1. Exclusion j. Damage to Property under Coverage A(Section 1) is deleted and replaced by the following: j. Damage to Property "Property damage"to: (1) Property held by the insured for servicing, repair, storage or sale at premises youown;rent, lease, operate or use; (2) Property transported by or`damages caused by. any `automobile "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use: Care,Custody and Control Property Damage Coverage For the purpose of this Care,Custody and Control Property Damage Coverage only: 1. Item (4.)of Exclusion j.of,Coverage.A(Section 1)does not apply. COVERAGE M..DAMAGE TO MEDIA.LEGAL.LIABILITY: 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of darnage to "electronic data" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will.,have no duty to defend the Insured against any "suit" ■ "seeking damages for "elerfionic data" to which.4.1s insurance :does not apply: We may,.at our discretion, {` Investigate.any"occurrence"and-settle any.claini or"suit"that may result.,But: CG 72 08 09 13 includes copyrighted material of Insurance Services Office; Inc.., with.its'permission.', Page 3 of 17 " " CG 72,08 09 13 (1) The amount we will pay for damages is limited to$50,000. i (2) Our:right.and:dutyto defend ends when we,have.used up the applicable limit of insurance in the-,payment of Judgments or settlements under this coverage or any other applicable coverage or medical expenses under Coverage C. :No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SupplementaryPayments. b. "This insurance applies to damages to "electronic data"only.if: (1).-The damage toF"electronic data" is caused by an"occurrence"that takes place in the"coverage territory (2) The damage to"electronic data"occurs during the*policy period; and (3) Prior to the policy period,,no insured.listed under Paragraph 1. of'Section H - Who 15 An Insured and no "employee" authorized by.you to give or receive notice of an 'occurrence" or claim,.knew that the damage to "electronic data" had occurred, in whole or in part. If such a listed insured or authorized."employee" knew, prior to the policy period,.that the damage,to."electronic data" occurred, then'any.continuation', change or resumption of such damage to"electronic data"during or after the policy period will deemed to have been known prior to the policy.period. c.. Damage to"electronic,data" which occurs during the.policy period.and was,not, prior to the policy period, known to have occurred by arty insured listed under Paragraph 1. of Section II:- Who Is_'An Insured or any "employee" authorized by you to give or receive notice of an "occunpenee" or claim, Includes any .continuation,,change or resumption of that damage to"electronic data after the end of the'poticy period. d. Damage to"electronic data" will be deemed to have.been known to have occurred at the earliest time when any insured listed under Paragraph 1 of Section II - Who Is An,Insured or any ".employee" authoinzed'by you to give or receive notice of an "occurrence'or claim: (1). Reports all or any part,.of the damage to"electronic data"to us or any other insurer; (2). Receives a written or verbal demand ordain for damages.because:of the damage to":electronic data", or (3) Becomes aware by any other means that damage to"elect ronicdata`has occurred or"has begun to occur. 2. Exclusions This insurance does not apply to. ,�•: a. Expected Or Intended Injury, Damage to."etectrnnin data"expelled or ir►tended from ttie'standpoint of the insured. b. Contractual Liability " Damage to 'VectronicAata" for which the insured is obligated to pay,damages by reason.of the assumption of liability in a contract or agreement. This exclusion does not.apply.,to.liability for damages that the insured would have in.the absence of the contract of agreement. k CG 72 08:0913 ':,-.Includes copyrighted material of Insurance Services Office,, Inc.,with lts.perini5sion. Page 4 6f 11 • *61015910* I IIIIII�IIII IIID IIT illll VIII lull ILII IIII IIII CG 72 08 0913 c. Pollution Damage to "electronic-data' arising out of the .actual, alleged or threatened discharge, dispersal, seepage, migration; release or escape of°pollutants". d. Aircraft,.Auto,Watercraft.or Mobile Equipment Damage to"electronic data"arising out of: (1) The transportation of "mobile equipment", by an "auto" owned or operated by or rented or.-loaned to any, insured;or (2) The use of "mobile equipment" in, or while in'practibe for, or while being prepared for, any prearranged racing, speed,demolition or stunting activity, e. War Damage to"electronic data" however caused',..arising directly or indirectly, out of:: (1) War, including undeclared or.civil war; (2) Warlike action by a military force; including action in hindering or defending against an actual-or expected .attack, by any.govemment, sovereign or other authority-using rxrilita6 personnel or other agents;.or (3) Insurrection, rebellion, evolution, usurped power...or action taken.by'governmental'authority in.hindering or defending against any of these. J. Damage To Property Damage to'electronic data"that is: (1) Property you Jown, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity; for repair, replacement, enhancement, restoration or maintenance'of such property for any"reason, including prevention of.injury to a person or damage to another's property; (2) Property loaned to you; (3) Personal property in the care, custody or control of the insured; (4) That particular part of real property on which you or any contractors or subcontractors working'directly or indirectly on your.behalf are performing operations,.if the 'property damage" arises-out of those.operations; or: (5). That.particular part of any property that must be restored,.repaired or replaced because"your work" was incorrectly performed on.tt. g. Damage To Your Product Damage to"electronic data' in'your product"or arising out of it or any part of it. h. Damage To Your Work Damage to "electronic data" in "your work" arising out of it or any part of it and included in the "products- completed:operations hazard". CG 72 08 0913 Includes copyrighted material of Insurance:Services Office, Inc.., with-Its permission. Page:5 of 17 CG 72 08 0913' i. Damage To Impaired Property Or Property Not Physically Injured Damage to"electronic data",in"impaired property" or property that has not been:physicallyinjured, arising out of: (1).A defect, deficiency, inadequacy or dangerous condition to"your product" or°your worts";'or (2) A delay or failure.by you or.anyone acting on your behalf to perform a contract or agreement in accordance with its terms. j. Recall Of Products,Work Or Impaired Property Damages claimed for any loss, cost or expense.'incurred by you or others for the loss of.use,`withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal-of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property .is withdrawn or recalled from the market orfrom use by any person or organization because of a known or suspected defect,defci.ency,;inade'uacy.or.dangerous,condition in it. k. Personal And:Advertis ing Injury Damage to "electronic data"arising out of"personal and advertising.injury". COVERAGE R. PRODUCT RECALL EXPENSE 1. Insuring Agreement a. We,will pay,90% of"product recall expense.'you incur as a result of a "produc recall"you initiate during the coverage period. b. We will only pay for"product recall expense" arising out of"your.products"'which have been physically relinquished to others:' The most we will pay is$25,000 for Each Recall limit subject to a $50,000 Aggregate. a. The.Aggregate Limit shown above is the most we will pay for the sum of all"product recall expense"you incur as a result of all"produc;recalls"you initiate during the endorsement period. b. The Each Product Recall Umit shown above.,is the most we will pay,subject to.the.Aggregate and$1,000 deductible, 'for "product recall expense" you incur for•`any one`"product recall"."you initiate during the endorsement period. 2. txclustons This insurance does not apply to"product.recall expense"arisingoutof: a.. Any fact, circumstance.or situation whictr existed at the:Inception,'date.of_the policy and which you were. aware of, or.could reasonably have foreseen that would have resuled in a"product-recall". b. Deterioration, decomposition or transformation of a chemical nature; except if caused by an error in the manufacture,design;processings storage,'or transportation of"your product c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. d. Act, errors or:omissions of any of your employees,.done .with.prior knowlege.of any of.your officers or directors. .• e. :Inherent vice`;meaning a.:natural condition of:propeht that causes it to'deteriorate or become damaged. f. "Bodily injury" or"property-damage".. g. Fallure of"your product"to accomplish its intended purpose,.including any rireach.of warranty of fitness, quality, efficacy'or efficiency,:whether written or implied.. CG 72 08.0913 Includes copyrighted material sof insurance Servichs.Offrce, Inc.,,with its permission. Page 6 of 47 *62015920x Illlllllllll!!1!lIIIIlllllllllllllllllllllllllllll " CG 72 08 0913 h. Loss of reputation, customer faith of approval, or any costs incurred to regain customer market, or any other consquential damages.. i. Legal fees or.expenses. j. Damages claimed, for any loss, cost or,expense incurred by you,or others for-the loss of use of "your product": k. "Product.recall expsense" arising from the"product recall" of any of"your products"for which coverage is " exduded.by endorsement. I. "Product recall expsense" .arising from the "product recall" of any of "your products".on or. after the designated shelf life has expired. 3. Loss Payment With respect to Coverage R, the following conditions apply: a. Claims Handling (1) Within 15 days after we receive written notice of.claim, we Will: (a) Acknowlege receipt of the claim. If we do not acknowledge receipt of the claim.in writing, we will keep a record of the date, method and content of the acknowledgment; (b) Begin any investigation of tho claim;and (c) Request a signed, sworn proof of loss, specify the information you must provide and supply you with the necessary forms. We -may request more information at a later'date, if during thL investigation of the claim such additional information is necessary. (2) We will notify you in writing as to whether: (a) The claim or part of the claim will,be paid; (b) Ttie claim or.part of the claim has'been denied,and inform you of the reasons for denial; (c) More information is necessary; or (d) We need additional time to reach a.decision. If we need.additional tune;,we will inform you of the reasons for such need. We will provide notification, as described In.(2)(a)through (2)(0)above, within: (i) 13 business days after we receive the signed, sworn 'proof of loss and all information we requested; or (iii) 30 days after'we.receive.the signed, sworn proof of loss and all information we requested, if we have reason to believe the loss resulted from arson.. If we have notified you that we need additional time to reach a decision, we must then either approve or deny the claim within 45 days of such notice. b. We will pay for covered loss or damage within 5 business.days after: (1) We have notfed you that payment of the claim or part.of the claim will be made and have reached agreement with you on the amount of loss; or (2) An appraisal award has been.made. However,-if payment of the claim:or part.of the clairii is conditioned on your compliance with any of the •terms of this policy, we will make payment vrithin.5 business days after the date you have complied with such terms. c. Catastrophic Claims If a.claim results from a weather related catastrophe or a major natural disaster, the claim handling and claim payment deadlines described in a. and b:above are extended for an additional 15 days. Catastrophe-or Major Natural Disaster:means a weather related.event which is: (1) Declared a disaster under the Texas Disaster Act off1975; or (2) Determined to be a catstrophe by the State Board of Insurance. d. The.tenn "business day", as`used in this endorsement.,means a day other then Saturday, Sunday or a holiday recognized by the state of Tezas. e. We will Issue loss payment to the•flist Named Insured shown in the Declarations.and any mortgagee or' loss payee as designated. CG 72 08 09 13 Includes copyrighted'materiaFof Insurance Services Office;Inc.,with its permission. Page 7 of 17 - CG 72 08 09 13 COVERAGE W-WATER DAMAGE LEGAL LIABILITY The Insurance proVided under Coverage W (Section 1) applies to."property damage!' arisl'ng out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage'To Premises Rented To.You.Limit. COVERAGE X - DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added.to Paragraph 2. Exclusions,of Section i-Coverage A-Bodily Injury.And,Property Damage.Liability: This Insurance does*not apply to•"bodily'injury"! or "property damage" arising out eitheryour ongoing operations or operations:Indluded�within the `products-completed operations ha2ard" for any "consolidated:(Wrap-up) insurance program" which:has been provided by the prime contractor/ projectmanager or owner-of the Construction .project in which you are involved. This exclusion applies whether or not a consolidated (Wrap-up) insurance program: a. Provides coverage idenitcal to that provided by this Coverage Part;.or,. , b:Has limits-adequate to Coverall claims This exclusion does-not apply.if a 'consolidated. (Wrap-up). insurance program" covering your operations has been cancelled, non-renewed or otherwise no longer applies for reasons other than exhaustion.-of all.avaitable limits, whether such limits are available on, a primaryexcess or. on,any other basis.. You must advise us :of such cancellation, nonrenewal ortermination as soon as practicable. ; For purposes of this exclusion a "consolidated Insurance pivgrarrt" is a program.providing insurance' Coverage to all parties.for exposures involvedewith a partibular.(typically major) construction project.. SECTION I - SUPPLEMENTARY PAYMENTS -. COVERAGES .A AND B Is amended to read SUPPLEMENTARY PAYMENTS; and Items 1:b:'and 1.d are amended as follows: b. Up to$1,000 for cost of bail bonds_required because of accidents.oPtraTc law violations arising out of.the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. d. 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 earning up"to.$500 a day because of time,off from work. . SECTION II -BROAD FORM NAMED INSURED 1. Section II.-Who Is An Insured.is amended to include as an insured any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. 2. For the purpose of the coverage provided by this'provision only, the following Is:added to. Condition.4.b. Excess Insurance, under Section IV - Commercial General Liability Conditions: This insurance is excess over'any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by- reason of ownership by you of more than 50 percent of the voting stock. 3. This provision does not.apply to a policy written toapply specifically in excess-of this policy. CG 72 08 08 13 Includes copyrighted material of Insurance:Servioes Office, Inc.; with Its permission. Page 8 of 17 • *,63015930* I IIIIII IIIII IIIII IIIII Illil IIIII IIIII Illll IIII Ilii CG 72 08 09 13 Item 4.a. is deleted and replaced by the following: - a. Coverage under this provision.is afforded only until the 180th day after you acquire,or form the.organization or the end of the policy period; whichever is earlier. The following are added: " 5. Additional Insured :Owners, Lessees or Contractors -Automatic Status When Required in Construction or Service Agreement With You a. Any 'person or.organization for whom you are performing operations when you .have agreed In writing-.in a contract,or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of"your work" at the location designated and described iii the written contract or written agreement performed for that person or organization for your ongoing operations and.tiability included in the"products-completed operations hazard'...A person's or organization's status as an insured for your -ongoing operations under this endorsement ends when your operations for that insured are completed. b. When coverage provided under this endorsement applies to "bodily Injury" or 'property damage" arising out.of the"products-completed operations hazard": (1). Such.coverage will not apply subsequent to the first to occur of the following: (i) The explration of the period of time required by the written contractor written agreement; (ti) Five years from the completion of"your work" on the project that is the subject.of the written contract or written agreement. (iii)The expiration of any applicable statute of limitations or statute or tepose with resp6d to claims arising out'of`your.work" (2). Such coverage will not exceed the limits of liability required.by the written contract:or written.agreement even if the limits of liability stated in the policy exceed those'limits..This endorsement shall not increase the limits stated.in Section III-LIMITS OF INSURANCE. c. With respect to the insurance afforded these,additional insureds,the foHowing'additional exclusion applies: This insurance does not apply to: "Bodily Injury", ".property damage", or "personal and advertising injury"'arising out of the rendering of,-or 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; and (2) Supervisory,lnspection, architectural or engineering activities. 6. Additional Insured -Vendors Any person or organization (referred.to below as vendor), but:only with:ribspect..to "bodily injury" or'"property damage" arising out of "your products", whlcti are distributed or,sold, in the regular'course of the vendor's business, subject to the following additional exclusions: CG 72 0809 13 Includes copyrighted material of Insurance Services Office, Ino.;with its permission. Page 9 of.17: " CG 72 08 0913 a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or'"property damage" for',whieh ,the 'vendor is obligated to pay:damages by reason of the assumption of liability in contract or agreement. This exclusion does not apply-to liaboity for damages that the vendor would have in the absence of the contract or.agreement; (2) Any express warranty unauthorized by you;- (3) Any physical or chemical change in the product made:inte..ntionally by the vendor; (4) Repackaging, unless unpacked. solely for the purpose of inspection, demonstration, testing,. or the substitution of parts under instructions from the'manufaeturer, and then repackaged in the original container; (5) 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; '(6) Demonstration;"installation, servicing or repair operations, except such operations'performed at the vendor's premises.in connection with the sale of the product; (7) Products:whicli,.after distribution or saie 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. b. This insurance does not apply to any insured person or organization; Jiom whom you have'..aoquired such products, or any ingredient, part of container; entering into, accompanying or containing such products. 7. Additional Insured - Lessor of Leased. Equipment.- Automatic Status When Required in Lease.Agreement With You a. -Any person or organization fnimn vihom-you.le,ase'equipment when,you and-such person or organization have agreed inwriting in a contract or agreement.that such person or organization be added as an additior`ial insured on:your policy. Such,person or organization is.an insured, but orily'with respect to your liability arising-out of the maintenance,,operation or use of such leased equipmentwhich.may.be imputed to that person'ororganization as " the,l.essor. of equipment. A person's or organization's.status as"an-insured under this endorsement ends when their contract or>ageeement.with you.for such leased equipment ends. b. With respect10 the insurance.affortled these additional insureds,the-fol-IoWng-addiflonal exclusion apply: (1) ,To any"occurr'ence".which takes.place; (2) To"bodily injuryor"property damage"arising out of the sole negligence.of such person or organization. 8. Additional Insured -Managers or Lessors of Premises Any person or organization, but only with respect;to the liability arising out of the ownership; maintenance or use of that part of the premises leased to you and subject to the.follovAnq additional exclusiori$: This Insurance does_not apply to any: _ a. Any"occurrence"which takes place after you cease to be a tenant in that premises:`` b. Structural alterations, new construction.or demolition operations perfomed by or on behalf of any`person or. organization. CG 72-08 0913 Includes copyrighted_material of Insurance Services Office, lnc.;:with its permission. Page 10 of 17 *64015940.* �liliil lilll 1i1i111111111111111111111 11111 llil ill CG 72 08 09 13 9. Additional Insured Engineers,Architects or Surveyors Not Engaged by the Named Insured Coverage is provided only when the insured.is contractually required to add the engineer, architect. or surveyor. Coverage is provided with respell to your liability for'bodily Injury"or"property damage".or"personal_and advertising injury"directly arising out of: a. Your acts or omissions, or b. Your acts or omissions of those acting on.your behalf; In+the:performance of your ongoing operations for lhat additional insured(s). 10. Additional.lnsured — State_or Governmental Agency or Subdivision .or Political Subdivision - Permits or Authorizations Any state or govemmental agency or subdivision or _political subdivision when you have agreed irr�writing in a contract.or agreement that such entities be added-as an additional-insured an.your.policy subject to the following, provisions: a. This 'insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or'subdivisionor political subdivision has issued a permit orauthorization. b: This insurance does not apply to:. (1} 'Bodily injury",."property damage" or`personal and advertising-injury." arising out of operations performed for the federal government, state or municipelity;'or (2) "Bodily injury`or"property damage" included withinthe"projects-completed operations hazard". " 11..Additional Insured. Consolidated Insurance Program (Wrap-Up) Off-Premises.,.Ope rations Only: Owners, Lessees or Contractors a, Any persons or;organizatio'ns for whom you are.performing operations,-•for.-whlch .you.have-elected to seek coverage under a Consolidated Insurance Program, when.you.and such person or organization have agreed in writing in a contract•.oragreement that such person or organization be<added as an additional insured on.your policy. Such person or,organization is an additional insured only with respect to .your liability which may be imputed.to that person or.organization directly arising out of your ongoing operations.performed•for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated insurance Program. A person's or organization's.status as an insured under this endorsernent ends when your operations for that insured.are completed. 'b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage",,or"personal and advertising injury"arising.out of the rendering.of, or.fallure.to render, any.professionat 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 diawings and specifications; and (2) Supervisory, inspection. .. CG 72 08.0913 includes copyrighted material of Insurance Services Office, Inc:, with its permission.. - .Page 1I of 17 CG 72 08 0913 12. Additional Insured Employee Injury to Another Employee With respect to your"employees"who occupy positions which are supervisory in nature: Paragraph 2.a.(1)of this section is.amended to read: (1) "Bodily injury"or"personal and advertising injury" a. To you, to your'partners of members(if you area partnership o(joint venture), or to.your members (if you are a limited liability company); b. 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(1)(a):above;or c. Arising out of his or her providing or failing to provide professional health care services..Paragraph 3.a. is deleted. For.the. purpose of thisItein 12 only,"a position"is deemed to be .supervisory in nature if that.person performs principal work which is,substantially differeriffroin that of his or her suboiidinafes and..has authority to hire, direct, discipline or discharge. 13.Applicability of Additional Insured Coverage A. Commercial General Liability Conditions(Section IV), Paragraph 4.(Other Insurance) is deleted and replaced by the following: 4. Other Insurance If valid and collectible"other insurance"is avallable to the insured for a loss we cover under Coverages A or B of this Coverage Part,.our obligations are limited as follows: a. Primarg Insurance This insurance is primary and non-contributory for those parties listed below: (1) Owners,:Lessess.or Contractors when required in written construction agreement with you. (2) Manager:ort-essors of Premises when required in written lease agreement with you. (3} .Engineers; Architects or Surveyors not engaged:.byr the named insured wften. requii+ed in written construction agreement wlfh`you. -.(4) State or Govemmental Agency.or.S.ubdiAsion or;Political Subdivision=Permits or Authorizations For ail`othel•'insured's this insurance is,primary.except when b. W16W applies. If this insurance is primary, your obligations are`not affected unless any of the."oth' i insurance Is also primary.Then,_we will share with all that"other insurance°byrthe.method described'in c: below: b: Excess Insurance This insurance is excess over any of the''other. insurance", whether primary, excess, eonfingent or on any otherbasis:. (1) That is Fire, Extended Coverage, Builders Rlsk,'Installation Risk,or similar.:coverage for'your work"; (2) That is Fire insurance for premises rented.to.you or temporarily occupied.by:you with permission of the owner; CG 72 08 0913. :In.cludes copyrighted material of Insurance Servioes.Offrce, Inc.-,with its.permission. Page 12 of 17-: .. '-, x65015950* �IIIIIIILIIIIIIIIIIIIIIIIIIIIDIIIi)ILIIIIIIIIII