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HomeMy WebLinkAboutR2022-112 2022-05-23DocuSign Envelope ID: 45805948-E911-43CB-943E-F1A554593E69 RESOLUTION NO. R2022-112 A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Texas Buy Board for the purchase and installation of security fencing, in the amount of $66,746.79, from Foster Fence, LTD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing has been obtained through interlocal cooperative partner the Texas Buy Board for the purchase and installation of security fencing. Section 2. That the City Manager or his designee is hereby authorized to participate in an interlocal cooperative pricing arrangement with the Texas Buy Board for the purchase and installation of security fencing, in the amount of $66,746.79, from Foster Fence, LTD. PASSED, APPROVED and ADOPTED this the 23rd day of May, A.D., 2022. DocuSigned by: 9. '-€4881A61593F'lF2... J. KEVIN COLE MAYOR ATTEST: DocuSigned by: ��€D1869B64GA4FA... LESLIE CRITTENDEN CITY SECRETARY APPROVED AS TO FORM: a— DocuSigned by: p/1 '—E13CA898BB1F1B6 DARRIN M. COKER CITY ATTORNEY '5, 71Y. ,,,,,,ry1N i c _ f�� . Ff4+r+ry�ia�rliilidI ii���v5,,, DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 DocuSign Envelope ID: 45805948-E911-43CB 943E-F1A554593E69 DARRIN M. COKER CITY ATTORNEY RESOLUTION NO. R2022-112 A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Texas Buy Board for the purchase and installation of security fencing, in the amount of $66,746.79, from Foster Fence, LTD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing has been obtained through interlocal cooperative partner the Texas Buy Board for the purchase and installation of security fencing. Section 2. That the City Manager or his designee is hereby authorized to participate in an interlocal cooperative pricing arrangement with the Texas Buy Board for the purchase and installation of security fencing, in the amount of $66,746.79, from Foster Fence, LTD. PASSED, APPROVED and ADOPTED this the 23rd day of May, A.D., 2022. DocuSigned by; FiFY... J. KEVIN COLE MAYOR ATTEST: DocuSigned by; 404 6lieee-Al 7RD1gRgR64cMF' .. LESLIE CRITTENDEN CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. C0522-40 Building Maintenance, Repair and Operations Supplies and Equipment THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home - rule municipal corporation ("City") and Contractor ("Contractor"), and consisting of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: II. Signatures lo i EnPEARLAND -1EB1EC1C22C24�0... Purchasing Officer a—DocuSigned y: et,ar'Sok, —3682o0Bv9CC9d90... Foster Fence LTD. P.O. Box 96116 Houston, TX 77213 Contractor will provide Security Fence for Turf Fields at Shadow Creek Ranch Park, per the specifications of BuyBoard Contract No. 657-21. Unit Price Contract, Estimated Amount of $66,746.76 May 23, 2022 November 30, 2022 0 BuyBoard Contract No. 657-21 CONTRACTOR 6/30/2022 I 8:11 AM CAD Date Title: U President 6/30/2022 I 8:20 AMC : *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Service Contract Standard Form Approved as to Legal Form 6.28.2021 ai I aU3,)- Superintendent/Manager — up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Page 1 of 7 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services ("Services") in response to Request for Bid/Proposal or BuyBoard Contract No. 657-21 ("Solicitation"), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for 191 days, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to 0 additional one-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an estimated amount of $66,746.76, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Contract is as follows: Name: Sue Ellen Arredondo Department: Engineering & Public Works Phone: 281.652.1946 Email: sarredondo@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the City's Contract Administrator. Additionally, the COI must state that the City shall be Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 7 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 provided no less than thirty (30) days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee's written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Contract. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple -release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 7 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 and it is within the sole discretion of the City's City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 13. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Morgan Early Title: Project Manager Address: 3501 East Orange Street, Pearland, TX 77581 Phone: 281.652.1734 IF TO CONTRACTOR: Foster Fence LTD. Attn: Thomas Graham Title: Account Manager Address: P.O. Box 96116, Houston, TX 77213 Phone: 281.456.7273 17. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR'S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 7 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD -PARTY DEFENDANT AS ALLOWED BYLAW. 18. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one- half of the mediator's fees. 19. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. 20. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (B) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 21. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22. Limitation of Liability. The City's maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 7 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 24. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Contract if required by said statute for items approved by the City Council. 27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29. Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30. Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None. V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 7 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP/ BuyBoard Contract No. 657-21 Exhibit 2: Contractor's Bid/Proposal Response Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 7 of 7 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 ATTACHMENT A - SCOPE OF WORK Scope of services shall consist of the contractor to provide Security Fence for Turf Fields at Shadow Creek Ranch Park, per the specifications of BuyBoard Contract No. 657-21. Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 8 of 3 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 ATTACHMENT B - BID/PRICING SCHEDULE Quote #: 949140982 To: City of Pearland - Parks & Rec Attention: Morgan Early Project: Multi -Purpose Field Fence @ SCR Park - Buy Board 657-21 Date: Apr 04, 2022 Foster Fence will provide and install the following: • Install 1453' of 4' high PVC coated chain link fence. 3" Sch40 Term Post, 2 3/8" Sch 40 line Post, 1 5/8" 5th 40 Top Rail, Fence will anchor bolted to the concrete side walk. All frame work will be powder coated. • install 1453' of 1 5/8" powder coated bottom rail. All frame work will be powder coated. • install 6 - 4' wide x 4' high black coated single swing gate. • Install 1 - 10' wide x 4' high black coated double swing gate. • Mobilization to and from jobsite, supervision, and management required for complete installation. RS Means Unit Cost Total $68,882..50 Total with Discount .5% $6.5,433,.00 Material- $35,282.94 Labor & Equipment- $30,155.06 P&P Bond - $1,308.76 Grand Total - $66,746.76- Tax not included Warranty -1 year on labor and install, 1 year on gates, 10 year on chain link materials, Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 9 of 3 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 ATTACHMENT C - INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Type of Insurance Amount of Insurance Provisions 1. Workers' Compensation Employers' Liability Statutory Limits $100,000 per occurrence City to be provided a WAIVER OF SUBROGATION and 30 -day notice of cancellation or material change in coverage. City to be listed as additional insured and provided 30 -day notice of cancellation or material change in coverage. City shall be provided 30 -day notice of cancellation or material change in coverage. 2. Commercial General (Public) Liability to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury- $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $1,000,000 3. Business Auto Liability to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles Hired vehicles Combined Single Limit - $1,000,000 Certificate of Insurance forms may be sent to Purchasing Department. Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 10 of DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 ATTACHMENT D — WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Quote #: 949140982 To: City of Pearland - Parks & Rec Attention: Morgan Early Project: Multi -Purpose Field Fence @ SCR Park - Buy Board 657-21 Date: Apr 04, 2022 Foster Fence will provide and install the following: • Install 1453' of 4' high PVC coated chain link fence. 3" Sch40 Term Post, 2 3/8" Sch 40 Line Post, 1 5/8" Sch 40 Top Rail. Fence will anchor bolted to the concrete side walk. All frame work will be powder coated. • Install 1453' of 1 5/8" powder coated bottom rail. All frame work will be powder coated. • Install 6 - 4' wide x 4' high black coated single swing gate. • Install 1- 10' wide x 4' high black coated double swing gate. • Mobilization to and from jobsite, supervision, and management required for complete installation. RS Means Unit Cost Total $68,882.50 Total with Discount 5% $65,438.00 Material- $35,282.94 Labor & Equipment- $30,155.06 P&P Bond - $1,308.76 Grand Total - $66,746.76- Tax not included Warranty -1 year on labor and install, 1 year on gates, 10 year on chain link materials. *Quotes are good for 30 days Estimator: Thomas Graham — 832-977-0285 - tgraham@fosterfence.com Members of: Avetta, ISNetworld, Houston Area Safety Council and C3 Accredited (281) 456-7273 (281) 456-0221 Fax FOSTER FENCE LTD P.O. Box 96116 Houston, TX 77213 www.fosterfence.com info@fosterfence.com DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 1F05i E� Commercial Conditions • All projects requiring special fabrication as well as contracts with a value greater than $75,000 will require signed and approved submittals before Foster Fence, Ltd. proceeds with construction. • Terms — Net 30, unless otherwise expressly negotiated • All standby/down time in excess of 30 minutes will be billed at a rate of $400 per hour. • Restocking fee for standard stock materials 25%, non -stock materials 100% • Foster Fence Ltd. agrees to guarantee all materials to be free from defects in materials and workmanship for a period of one year from installation. This guarantee does not cover abuse, Acts of God, Nature, or other external source. Exclusions- unless specifically included in quote: • Demolition, clearing & grubbing, spoil removal • Electrical and control conduit grounding • Engineered drawings • Tree protection, silt fence, temporary fence • Hand digging, hydro -excavation, core drilling, rock drilling, probing • Concrete & asphalt breaks • Signage, bollards, concrete mow strip • Painting, galvanizing after fabrication • Utility locates beyond 811 One call, location of water lines. Private utility lines are not covered by 811. Locating private lines is the responsibility of the property owner. • OQ training, OSHA 30 Training, site or hazard specific training greater than 30 minutes • Remobilizations, down time, standby time. • OCIP, CCIP, Builders Risk, Payment and Performance Bonds (281) 456-7273 (281) 456-0221 Fax FOSTER FENCE LTD P.O. Box 96116 Houston, TX 77213 www.fosterfence.com info@fosterfence.com DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Luz -o a La L/1 Estimate Name: ESTIMATE INFORMATION Notes t xcc cc ,x cc cc ccI Ext. Total O&P $ 12,787.55 a w $ 20,843.45 n m mT o of w $ 752.86 $ 4,864.14 o m co Go C J co W LL J LL lc_ -i L1 J LL W W Description Fence, chain link, gates & posts, line posts, vinyl coated, (1/3 post length in ground), 2-1/2" OD, 4', set in concrete, includes excavation Fence, chain link industrial, add for, vinyl coated fabric, per SF Fence, chain link, gates & posts, end posts, chain link fence, vinyl coated, (1/3 post length in ground), 3" OD, 4', set in concrete, includes excavation Fence, chain link, residential, galvanized ,steel, 11 ga. wire, 1-5/8" post, 10' OC, 1- 3/8" top rail, 2" corner post, 4' high, schedule 20, includes excavation, excludes concrete Fence, fabric & accessories, rail, middle/bottom, vinyl coated barbed wire, 1-5/8" diameter, with tie wire New item, mobilization or Demobilization Chain link fences & gates, gate, chain link, vinyl -clad, single, 4' x 7', excludes excavation Chain link fences & gates, gate, chain link, vinyl -clad, double, 10' x 7'. excludes excavation `d a E J z c ra 323113306635 323113200250 323113306685 323113250050 323113402150 024113160110 m m in M 323113104788 Quantity to mco co o 1453 N to 4 Grand Total 0 0 u 0 N 6o N N M N oa a or m v m 0o vi ui e m DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Board P•O. Box 400, Austin, Texas 78767 800.695.2919 • info@buyboard.com • buyboard.com October 11, 2021 Sent Via Email: mlacaze@fosterfence.com Melinda LaCaze Foster Fence, LTD. 16700 Beaumont Hwy. Houston, TX 77049 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Contract Award; Proposal Invitation No. 657-21, Building Maintenance, Repair and Operations Supplies and Equipment Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above -referenced Proposal Invitation. The contract is effective for an initial one-year term of December 1, 2021, through November 30, 2022, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 657-21 at: www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a Cooperative member that you have reason to believe has not been received by the Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by email to info@buyboard.com. A list of Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with the resources available and to provide any support you may need as an awarded BuyBoard vendor. On behalf of the Cooperative, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919 (select option "2"). Sincerely, Arturo Salinas Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative v.02.01.2021 Endorsed by I1 I. TASAI �rA DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Board October 11, 2021 Sent Via Email: mlacaze@fosterfence.com Melinda LaCaze Foster Fence, LTD. 16700 Beaumont Hwy. Houston, TX 77049 Welcome to BuyBoard! C'rI a3 - Nacional School Endorsed by NE ' Boards Association Re: Notice of National Purchasing Cooperative Award; Proposal Invitation No. 657-21, Building Maintenance, Repair and Operations Supplies and Equipment Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above -referenced Proposal Invitation. The contract is effective for an initial one-year term of December 1, 2021, through November 30, 2022, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the National Purchasing Cooperative Vendor Award Agreement and General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 657-21 at www,buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders from National Cooperative members must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a National Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a National Cooperative member that you have reason to believe has not been received by the National Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by e-mail to info@buyboard.com A list of National Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with resources available and provide any support you may need as an awarded BuyBoard vendor. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919 (select option "2"). Arturo Salinas, Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Procurement Administrator for the National Purchasing Cooperative v.02.01.2021 ft U MI.. I. P0. Box 400, Austin, Texas 78767-0400 800,6g5,2919 • buyboard.com DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Board° PURCHASING COOPERATIVE 12007 Research Boulevard ' Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL SPECIFICATION SUMMARY The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). Section I: Equipment, Products, and Supplies 1. Discount (%) off catalog/pricelist for Electrical Supplies, Materials and Equipment. 2 . Discount (%) off catalog/pricelist for All Types of Power Generating Equipment (electric, gas, diesel portable, back up on -site). 3 . Discount (°/0) off catalog/pricelist for Various Types of Lamps and Ballasts (fluorescent, incandescent, quartz, HID, shatterproof, metal halide, high pressure sodium, ballasts, similar related items). 4. Discount (%) off catalog/pricelist for Various Types of Lighting Fixtures. 5. Discount (0/0) off catalog/pricelist for All Types of Indoor Signage. 6. Discount (°/0) off catalog/pricelist for All Types of Solar Supplies and Equipment. 7. Discount (%) off catalog/pricelist for Building Supplies and Materials (carpentry, lumber, drywall, insulation products, concrete products, and similar related items). 8. Discount (°/0) off catalog/pricelist for Doors -All Types and Sizes (metal, wooden, and similar related items). 9. Discount (°/0) off catalog/pricelist for Overhead Doors -All Types and Sizes (metal, wooden, similar related items). 10. Discount (°/0) off catalog/pricelist for All Types of Fasteners and Hardware Products (doors, cabinets, and similar related items). 11. Discount (°/0) off catalog/pricelist for Roofing Materials and Supplies (PRODUCTS ONLY -NO LABOR). 12. Discount (°/0) off catalog/pricelist for Paint and Paint Related Products, Supplies and Equipment. 13. Discount (°/0) off catalog/pricelist for Parking Lot Striping Equipment, Supplies and Materials. 14. Discount (°/0) off catalog/pricelist for Plumbing Supplies, Materials and Equipment. 15. Discount (°/0) off catalog/pricelist for Various Types of Toilet Partitions, Sinks, and Countertops. 16. Discount (%) off catalog/pricelist for All Types of Energy and Water Monitoring Products. 17. Discount (°/0) off catalog/pricelist for Boiler Equipment and Supplies. 18. Discount (°/0) off catalog/pricelist for HVAC Refrigerants and Supplies. 19. Discount (°/0) off catalog/pricelist for All Types of Hand Tools and Sets. 20. Discount (%) off catalog/pricelist for Welding Supplies and Equipment. 21. Discount (°/0) off catalog/pricelist for Commercial Building Glass and Other Glass Materials and Supplies. 22. Discount (°/0) off catalog/pricelist for Building Entryway Awnings, Canopies and Related Accessories - all types of material (metal, fabric, and related materials). 23. Discount (°/0) off catalog/pricelist for Elevator Equipment and Supplies. 24. Discount (°/0) off catalog/pricelist for Escalator Equipment and Supplies. 25. Discount (°/0) off catalog/pricelist for Material Handling and Storage Equipment and Supplies (forklifts, warehouse storage systems, pallet jacks, similar related items). 26. Discount (°/0) off catalog/pricelist for All Types of Fencing Materials and Supplies. 27. Discount (°/0) off catalog/pricelist for Pest Control Products and Supplies. 28. Discount (°/0) off catalog/pricelist for Power Washing Equipment and Materials. 29. Discount (°/0) off catalog/pricelist for Soil/Road Chemical Base Stabilizer Products (solvents, surfactants, acid oxidizers, and 'common dispersing agents). 30. Discount (%) off catalog/pricelist for All Other Building Maintenance, Repair and Operations Products not listed (supplies, materials and equipment). Page 41 of 76 Proposal Forms CONST. v.03.01.2021 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Board° PURCHASING COOPERATIVE 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com Section II: Installation and Repair Service 31. Hourly Labor Rate for Installation/Repair Service of Boiler Equipment and Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 32. Hourly Labor Rate for Installation/Repair Service of Power Generating Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 33. Hourly Labor Rate for Installation/Repair Service of Commercial Building Glass and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 34. Hourly Labor Rate for Installation/Repair Service of Elevator Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 35. Hourly Labor Rate for Installation/Repair Service of Escalator Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 36. Hourly Labor Rate for Installation/Repair Service of Fencing Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 37. Hourly Labor Rate for Installation/Repair Service of Toilet Partitions, Sinks, Countertops and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 38. Hourly Labor Rate for Installation/Repair Service of Overhead Door Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 39. Hourly Labor Rate for Installation/Repair Service of Doors, Framework, Door Hardware Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 40. Hourly Labor Rate for Installation/Repair Service of Building Entryway Awnings, Canopies and Related Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 41. Hourly Labor Rate for Installation/Repair Service of Power Washing Equipment and/or Services and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 42. Hourly Labor Rate for Installation/Repair Service of Parking Lot Striping Equipment and/or Services and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 43. Hourly Labor Rate for Installation/Repair Service of Concrete Cutting and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. Page 42 of 76 Proposal Farms CONSr. v.03.01.2021 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Board° PURCHASING COOPERATIVE 657-21 FOSTER FENCE LTD Supplier Response Event Information Number: 657-21 Title: Building Maintenance, Repair and Operations Supplies and Equipment Type: Request for Proposal Issue Date: 4/14/2021 Deadline: 6/17/2021 04:00 PM (CT) Notes: The Local Government Purchasing Cooperative (BuyBoard) Proposal Invitation No. 657-21 Building Maintenance, Repair and Operations Supplies and Equipment Proposal Due Date and Time: June 17, 2021 at 4:00 PM Responding to this and future proposals online is easy with our online submission system. 1 . View and download the forms. • DO NOT log in to view and download the documents. • Visit vendor.buvboard.com and click on the "Current Proposal Invitations" button shown below to view and download the forms for this proposal. Current Proposal Invitations It Page 1 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 2. To submit completed proposal. • Visit vendor.buyboard.com and click "Register/Login/Submit Proposal" button shown below to submit your proposal online. Register/LogiNSubmitProposal i • For additional assistance click this link, View our Proposal Submission Instructions. New Vendor? Visit vendor.buyboard.com and click "Register/Login/Submit Proposal." Click Register now as a new supplier/vendor, so you don't miss future proposal opportunities. Any Addenda issued with this proposal will also be placed on the website, and it will be the vendor's responsibility to obtain the information. Page 2 of 1 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 FOSTER FENCE LTD Information Contact: Melinda LaCaze Address: 16700 BEAUMONT HWY HOUSTON, TX 77049 Phone: (281) 456-7273 Fax: (281) 456-0221 Email: mlacaze@fosterfence.com Web Address: WWW.FOSTERFENCE.COM By submitting your response, you certify that you are authorized to represent and bind your company. Melinda LaCaze mlacaze@fosterfence.com Signature Email Submitted at 6/15/2021 4:29:25 PM Requested Attachments IRS Form W-9 Request for Taxpayer Identification Number and Certification W-9 signed 2021.pdf REQUIRED - In PDF format, upload W-9 form. (Please DO NOT password protect uploaded files.) Detailed Information and Exceptions Related to Discount Buy Board Labor & Mobilization Explanation.pdf and/or Hourly Labor Rate In PDF format, define the services that are proposed to be provided and attach detailed information including exceptions to pricing or discount percentage, NOTE: IF DETAILED INFORMATION IS NOT SUBMITTED, PROPOSAL MAY NOT BE CONSIDERED. (Please DO NOT password protect uploaded files.) BuyBoard Proposal Invitation No.657-21 - Buy Board 657-21-Building-MRO - Signed - Foster Fence LTD.pdf Building Maintenance, Repair and Operations Supplies and Equipment REQUIRED - In PDF format, upload all proposal invitation documents available for download at vendor.buyboard.com including any additional pages, as necessary. (Please DO NOT password protect uploaded files.) Catalog/Pricelist Merchents Metal - Foster Fence Catalog .pdf REQUIRED - In PDF format, upload catalog/pricelist in proposal invitation instructions. File size must not exceed 100MB.(Please DO NOT password protect uploaded files.) Bid Lines 1 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Electrical Supplies, Materials and Equipment. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 3 of I R pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Item Attributes 1. State Name of Catalog/Pricelist No response 2 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Power Generating Equipment (electric, gas, diesel portable, back up on -site). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist I No response 3 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Various Types of Lamps and Ballasts (Fluorescent, incandescent, quarts, HID, shatterproof, metal handle, high pressure sodium, ballasts, similar related items). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 4 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 4 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Various Types of Lighting Fixtures. No Bid as Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response I 5 6 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Indoor Signage. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Solar Supplies and Equipment. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 5 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Item Attributes 1. State Name of Catalog/Pricelist No response 7 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Building Supplies and Materials (carpentry, lumber, drywall, insulation products, concrete products, and similar related items). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 8 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Doors - All Types and Sizes (metal, wooden, and similar related items). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 6 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 9 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Overhead Doors - All Types and Sizes (metal, wooden, similar related items). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 0 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Fasteners and Hardware Products (doors, cabinets, and similar related items). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 7 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 1 1 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Roofing Materials and Supplies (PRODUCTS ONLY - NO LABOR). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 2 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Paint and Paint Related Products, Supplies and Equipment. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 8 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 1 3 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Parking Lot Striping Equipment, Supplies and Materials. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 4 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Plumbing Supplies, Materials and Equipment. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 9 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 1 5 Section I: Equipment, Products, and Supplies- Discount (`)/0) off catalog/pricelist for Various Types Toilet of Partitions, Sinks, and Countertops. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist INo response 1 6 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Energy and Water Monitoring Products. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 10 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 1 7 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Boiler Equipment and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 8 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for HVAC Refrigerants and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 9 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Hand Tools and Sets. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 11 of 1 R pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Item Attributes 1. State Name of Catalog/Pricelist No response 2 0 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Welding Supplies and Equipment. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 1 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Commercial Building Glass and Other Glass Materials and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 12 of 1g pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 2 2 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Building Entryway Awnings, Canopies and Related Accessories - all types of materials (metal, fabric, and related materials). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 3 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Elevator Equipment and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 13 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 2 4 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Escalator Equipment and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 5 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Material Handling and Storage Equipment and Supplies (forklifts, warehouse storage systems, pallet jacks, similar related items). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 14 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 2 6 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Fencing Materials and Supplies. Total: 5% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Merchants Metals Catalog 2 7 Section I: Equipment, Products, and Supplies- Discount (°/0) off catalog/pricelist for Pest Control Products and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 8 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Power Washing Equipment and Materials. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 15 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Item Attributes 1. State Name of Catalog/Pricelist No response 2 9 Section I: Equipment, Products, and Supplies- Discount (°/0) off catalog/pricelist for Soil/Road Chemical Base Stabilizer Products (solvents, surfactants, acid oxidizers, and common dispersing agents). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 3 0 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Other Building Maintenance, Repair and Operations Products not listed (supplies, materials and equipment). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 3 1 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Boiler Equipment and Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid Page 16 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 3 2 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Power Generating Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 3 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Commercial Building Glass and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 4 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Elevator Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 5 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Escalator Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 6 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Fencing Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour Price: $160.00 Total: $160.00 3 7 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Toilet Partitions, Sinks, Countertops and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 8 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Overhead Door Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 9 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Doors, Framework, Door Hardware Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid Page 17 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 4 0 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Building Entryway Awnings, Canopies and Related Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 4 1 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Power Washing Equipment and/or Services and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 4 2 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Parking Lot Striping Equipment and/or Services and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 4 3 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Concrete Cutting and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid Response Total: $160.00 Page 18 of 18 pages Vendor: FOSTER FENCE LTD 657-21 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 tn�tl FOS i E� Buy Board Labor & Mobilization Explanation Hourly Labor Rate 4 Hr minimum, rate is per 3 man crew. Includes: Supervision, background checks & equipment to complete the work. Mobilization Installation greater than 100 miles from our office is an additional $12.00 per mile. (281) 456-7273 (281)456-0221 Fax FOSTER FENCE LTD P.O. Box 96116 Houston, TX 77213 www.fosterffence. corn info@fosterfence.com DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 ACS ®® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/19/2022 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(ies) 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 Highpoint Insurance Group, LLC. 4300 FM 2351 Friendswood TX 77546 INSURED Foster Fence Ltd; A -Access Control Systems PO Box 96116 Houston COVERAGES TX 77213-6116 CONTACT NAME: Susan Meissner PHONE (281)204-8770 fA/C. No. Ext): E-MAIL certs@h i ADDRESS: P grPcorn FAX (281)204-8810 _(A/C, No): INSURER(S) AFFORDING COVERAGE INSURER A: Charter Oak Fire Insurance Company INSURERB:Travelers Indemnity Co. of America INSURERc:Travelers Property & Casualty InsurancE INSURERD:Texas Mutual Insurance Company INSURER E: Continental Casualty INSURER F: Westchester Surplus Lines Ins Com CERTIFICATE NUMBER:2021 Master Cert REVISION NUMBER: NAIC # 25615 25666 25674 22945 20443 10172 R uvou ANCc uo i cu OOLWV OAvt UttN ISSUEU 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD(YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY Y-630-4S175747-COF-21 6/30/2021 6/30/2022 EACH OCCURRENCE $ 1,000,000 A I CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1OO, OOO MED EXP (Any one person) $ 15,000 PERSONAL &ADVINJURY $ 1,000,000 GEN'L AGGREGATE X LIMITAPPLIES NT-LOC PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X _ X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X X --- SCHEDULED AUTOS NON -OWNED AUTOS 810-46175711-21-14-G 6/30/2021 6 30/2022 / COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ C X - UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP -4S175784-21-14 6/30/2021 6/30/2022 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED I X I RETENTION $ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N/A 0001288975 6/30/2021 6/30/2022 X I STATUTE I 10TH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E F DESCRIPT Inland Marine Pollution O 6078657629 G73556685 001 6/30/2021 6/30/2021 6/30/2022 6/30/2022 Rented & Leased/Installation Floater $15O, OOO/$1MM Aggregate/Each Occurrence $21414/$11414 I N OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The General Liab, Poll & Auto include blanket additional insured per CGD3610305, CG20370704 ENV32501218, ENV32511218, & CAT4740216. The General Liab, Poll, Auto, and Workers' Comp include blanket waiver of subrogation coverage per CGD4580219, ENV31430305, CAT3530215 & WC420304B. The General Liab, Poll & Auto include a blanket primary and non-contributory coverage per CGT1000219, ENV32531218 & CA20011013. The Excess is follow -form over the General Liab, including Poll & Prof Liab, Auto, and Employers Liab. All such coverages are provided to the certificate holder only when there is a written contract or agreement between the named insured and the certificate holder that requires such status and/or coverage. CERTIFICATE HOLDER City of Pearland 3519 Liberty Drive Pearland, TX 77581 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE B Smyrl, CRIS/LOGMER ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Y-630-4S175747-COF-21 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR MANUFACTURERS AND WHOLESALERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement, The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured — Unnamed Subsidiaries B. Who Is An Insured — Employees And Volunteer Workers — Bodily Injury To Co -Employees And Co -Volunteer Workers C. Who Is An Insured — Newly Acquired Or Formed Limited Liability Companies D. Blanket Additional Insured — Broad Form Vendors E. Blanket Additional Insured — Controlling Interest F. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers G. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Premises PROVISIONS A. WHO IS AN INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if; a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed; H. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations I. Blanket Additional Insured — Grantors Of Franchises J. Incidental Medical Malpractice K. Medical Payments — Increased Limit L. Blanket Waiver Of Subrogation M. Contractual Liability — Railroads a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. CO D4 58 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 COMMERCIAL GENERAL LIABILITY B. WHO IS AN INSURED - EMPLOYEES AND VOLUNTEER WORKERS — BODILY INJURY TO CO -EMPLOYEES AND CO -VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a co -"employee" while In the course of the co -"employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" while performing duties related to the conduct of your business. C. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II— WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph. 1. of Section II — Who Is An Insured, each such organization will be deemed to be designated in the Declarations as: Y-630-4S175747-COF-21 a. A limited liability company; b. An organization, other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. D. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following Is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract o agreement to include as an additional insured o this Coverage Part is an insured, but only wit respect to liability for "bodily injury" or "propert damage" that: a, Occurs subsequent to the signing of that contract or agreement; and b. Arises out of "your products" that are distributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a. The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such vendor does not apply to: (1) Any express warranty not authorized by you or any distribution or sale for a purpose not authorized by you; (2) Any change in "your products" made by such vendor; Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (4) Any failure to make such inspections, adjustments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (3) r n h y Page 2 of 5 2017 The Travelers Indemnity Company. All rights reserved. CG D4 58 02 19 Includes copyrighted material of Insurance Services Office, Inc. with Its permission DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Y-630-4S175747-COF-21 (5) Demonstration, installation, servicing or repair operations, except such operations performed at such vendor's premises in connection with the sale of "your products": or (6) "Your products" that, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or on behalf of such vendor. Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingredient, part or container entering into, accompanying or containing such products; or b. Any vendor for which coverage as an additional insured specifically is scheduled by endorsement. E. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTION II — WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. F. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to Include as an additional insured on this Coverage Part is an insured, but only with respect to its COMMERCIAL GENERAL LIABILITY liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less, b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. G. BLANKET ADDITIONAL INSURED - GOVERNMENTAL ENTITIES - PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has CG D4 58 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc. with Its permission DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 COMMERCIAL GENERAL LIABILITY issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. H BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES - PERMITS OR AUTHORIZATIONS RELATING TO OPER- ATIONS The following is added to SECTION II a- WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such govemmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". I. BLANKET ADDITIONAL INSURED GRANTORS OF FRANCHISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that grants a franchise to you is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of your operations in the franchise granted by that person or organization. If a written contract or agreement exists between you and such additional insured, the limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical Page 4 of 5 Y-630-4S175747-COF-21 services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, occupational therapist or occupational therapy assistant, physical therapist or speech - language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence", 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I COVERAGES —COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. 2017 The Travelers Indemnity Company. All rights reserved. CG D4 58 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Y-630-4S175747-COF-21 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III LIMITS OF INSURANCE: 7. Subject to Paragraph 5, above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: CG D4 58 0219 COMMERCIAL GENERAL LIABILITY a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. M. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 Y-630-4S175747-COF-21 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that: a. You agree in a written contract or agreement to include as an additional insured on this Coverage Part; and b. Has not been added as an additional insured for the same project by attachment of an endorse- ment under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a. Only with respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. Only as described in Paragraph (1), (2) or (3) be- low, whichever applies: (1) If the written contract or agreement specifical- ly requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional Insured — Owners, Les- sees or Contractors — (Form B) endorse- ment CG 20 10 11 85; or (b) Either or both of the following: the Addi- tional Insured — Owners, Lessees or Con- tractors — Scheduled Person Or Organi- zation endorsement CG 20 10 10 01, or the Additional Insured -- Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 10 01; the person or organization is an additional in- sured only if the injury or damage arises out of "your work" to which the written contract or agreement applies; (2) If the written contract or agreement specifical- ly requires you to provide additional insured coverage to that person or organization by the use of: (3) (a) The Additional Insured — Owners, Les- sees or Contractors — Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured — Owners, Lessees or Contrac- tors — Completed Operations endorse- ment CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b) Either or both of the following: the Addi- tional Insured — Owners, Lessees or Con- tractors — Scheduled Person Or Organi- zation endorsement CG 20 10, or the Ad- ditional Insured — Owners, Lessees or Contractors — Completed Operations en- dorsement CG 20 37, without an edition date of such endorsement specified; the person or organization is an additional in- sured only If the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies; or If neither Paragraph (1) nor (2) above applies: (a) The person or organization is an addi- tional insured only if, and to the extent that, the injury or damage is caused by acts or omissions of you or your subcon- tractor in the performance of "your work" to which the written contract or agree- ment applies; and (b) Such person or organization does not qualify as an additional insured with re- spect to the independent acts or omis- sions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agree- ment, the insurance provided to the additional in- sured will be limited to such minimum required limits. For the purposes of determining whether CG D6 04 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 COMMERCIAL GENERAL LIABILITY this limitation applies, the minimum limits required by the written contract or agreement will be con- sidered to include the minimum limits of any Um- brella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance, b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional archi- tectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" un- less the written contract or agreement specifi- cally requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the fol- lowing duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may Page 2 of 2 Y-630-4S175747-COF-21 result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal pa- pers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions, (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insur- ance which would cover such additional in- sured for a loss we cover. However, this con- dition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organiza- tion as a named insured as described in Par- agraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. O 2017 The Travelers Indemnity Company, All rights reserved. CG D6 04 02 19 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 POLICY NUMBER: Y-630-45175747-cOF-21 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 07-12-21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TOTAL GENERAL AGGREGATE LIMIT DESIGNATED PROJECT(S) -- GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Total General Aggregate Limit: $ 10, 000, 000 Designated Project(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED IN A WRITTEN CONTRACT THAT IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A; The Total General Aggregate Limit stated in the Schedule above is the most we will pay for the sum of all: 1. Medical Expenses under COVERAGE C (SECTION I); 2. Damages under COVERAGE A (SECTION I), except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard"; and 3. Damages under COVERAGE B (SECTION I) regardless of the number of: a. Insureds; b. Claims made or "suits" brought; c. Persons or organizations making claims or bringing "suits"; or d. Designated "projects" listed in the SCHED- ULE above. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents un- CG D3 21 01 04 der COVERAGE C (SECTION I), which can be at- tributed only to operations at a single designated "project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. Subject to the Total General Aggregate Limit stated in the Schedule above, the Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations haz- ard", and for medical expenses under COV- ERAGE C regardless of the number of: a. b. c. Insureds; Claims made or "suits" brought; or Persons or organizations making claims or bringing "suits". Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 COMMERCIAL GENERAL LIABILITY 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce both the Total General Aggregate Limit stated in the Schedule above, and the Designated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to both the Total General Aggregate Limit stated in the Schedule above, and the applicable Desig- nated Project General Aggregate Limit. C. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule abo ve: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the Total General Aggregate Limit stated in the Schedule above and the General Aggregate Limit, or the Products -Completed Operations Aggregate Limit, whichever is ap- plicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. As respects this Provision C., the limits shown in the Declarations for Each Occurrence, Damage Page 2 of 2 F G To Premises Rented To You and Medical Ex- pense continue to apply. D. Part 2. of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. b. Damages under Coverage B; and Damages from "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. E. When coverage for liability arising out of the "products -completed operations hazard" is pro vided, any payments for damages because o "bodily injury" or "property damage" included in the "products -completed operations hazard" wil reduce the Products -Completed Operations Ag gregate Limit, and not reduce the Total Genera Aggregate Li mit stated in the Schedule abo ve, th General Aggregate Limit, or the Designated Pro ject General Aggregate Limit. . For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". . The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this en- dorsement shall continue to apply as stipulated. Copyright, The Travelers Indemnity Company, 2004 CG D3 21 01 04 f e DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 POLICY NUMBER Y-630-4S175747-COF-21 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Blanket when required by written contract Location of Covered Operations: (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 o= Misimmasn n POLICY NUMBER: 810 -4x175711 -21-14-O COMMERCIAL AUTO ISSUE DATE: 07-02-21 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. SCHEDULE Insurance Company: THE TRAVELERS INDEMNITY COMPANY OF AMERICA Policy Number: 810 -4S175711 -21-14-G Effective Date; 06-30.21 Expiration Date: 06-30-22 Named Insured: FOSTER FENCE LTD Address: PO Box 96116 HOUSTON TX 77213-6116 Additional Insured (Lessor): SEE SCHEDULE Address: Designation Or Description Of "Leased Autos"; ANY "AUTO" LEASED FOR A PERIOD OF SIX MONTHS OR MORE UNDER A LEASING CONTRACT OR AGREEMENT THAT REQUIRES YOU TO PROVIDE DIRECT PRIMARY INSURANCE FOR THE LESSOR. Coverages. Covered Autos Liability Limit Of Insurance $ 1, 000, 000 Each "Accident" Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus Comprehensive $ Deductible For Each Covered "Leased Auto" Collision Specified Causes Of Loss Actual Cash Value Or Cost Of Repair, Whichever is Less, Minus $ Deductible For Each Covered "Leased Auto" Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus Deductible For Each Covered "Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 001103 CA 20 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 3 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 COMMERCIAL AUTO A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, the Who Is An Insured pro- vision under Covered Autos Liability Cov- erage is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "insured" only fo.r "bodily in- jury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operat- ing a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorse- ment apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". Page 2 of 3 2. The insurance covers the interest of the les- sor unless the "loss" results from fraudulent acts or omissions on your part, 3. If we make any payment to the lessor, we will obtain his or her rights against any other party, C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your pre- miums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. O Insurance Services Office, Inc., 2011 CA 20 01 10 13 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 POLICY NUMBER: Y-630-4S175747-COF-21 ISSUE DATE: 06/30/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 PERSON OR ORGANIZATION: Blanket when required by written contract ADDRESS: Blanket when required by written contract PROVISIONS If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. IL T4 05 0519 O 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: O= Q nemsame " liifmmoom IMEMIMml Pfd rt_= d • 001112 BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only, Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A, BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage, Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c, . in A.1„ Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Arty person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which CA 13 53 02 15 H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5„ Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your © 2015 The Travelers Indemnity Company. All rights reserved, Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 4 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", D. EMPLOYEES AS INSURED The following is added to Paragraph A.9., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F, HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 clays or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. Page 2 of 4 (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (I) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit", (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -- COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -• COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. © 2015 The Travelers Indemnity Company. All rights reserved, CA T3 53 02 15 includes copyrighted material of Insurance Services Office, Inc. with Its permission. DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 YEMINmal I. o e� o== air m o 11.11 MENEN FISMIN 001113 J. COMMERCIAL AUTO You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent 'we would have been liable had you complied with the compulsory in- surance requirements, (d) It is understood that we are not an admit- ted or authorized insurer outside the United _ States of America, its territories and possessions, Puerto Rico and Can- ada, We assume no responsibility for the furnishing of certificates of insurance, or. for compliance in any way with the laws of other countries relating to insurance, G. WAIVER OF DEDUCTIBLE GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced, H. HIRED AUTO PHYSICAL DAMAGE -- LOSS OF USE —INCREASED LIMIT The following replaces the last sentence of Para- graph A.4,b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". PHYSICAL DAMAGE TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III -, PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "Insured"; and CA T3 53 02 15 t p t ( ( ( ( M. B T O of TI 5, (2) in or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION III -- PHYSICAL DAMAGE COVERAGE: Exclusion 3.a, does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A,1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss", L, NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A,2.a,, of SECTION IV -- BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- ive prompt notice of the "accident" or "loss" ap- lies only when the "accident" or "loss" is known o: a) You (if you are an individual); b) A partner (if you are a partnership); c) A member (if you are a limited liability com- pany); d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". LANKET WAIVER OF SUBROGATION he following replaces Paragraph A.S., Transfer f Rights Of Recovery Against Others To Us, SECTION IV — BUSINESS AUTO CONDI- ONS: Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by © 2015 The Travelers Indemnity Company. All rights reserved, Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. O2015 -rhe Travelers Indemnity Compa ny. All rights reserved . CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 810 -4S175711 -21-14-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -- PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CAT4740216 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. 0 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 POLICY NUMBER: 810-45175711-21-14-G ISSUE DATE: 07-02-21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: SCHEDULE Number of Days Notice: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. IL T4 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 810 -4S175711 -21-14-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE CLAUSE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following replaces the LOSS PAYABLE CLAUSE in the BUSINESS AUTO COVERAGE PART DECLARATIONS: LOSS PAYABLE CLAUSE A. We will pay you and the loss payee on file with us for "loss" to a covered "auto", as interest may ap- pear. B. The insurance covers the interest of the loss payee unless the "loss" results from conversion, secretion or embezzlement on your part. CA T4 45 04 09 C. We may cancel the policy as allowed by the CANCELLATION Common Policy Condition. Cancellation ends this agreement as to the loss payee's interest. If we cancel the policy we will mail you and the loss payee the same advance notice. D. If we make any payment to the loss payee, we will obtain their rights against any other party. © 2009 The Travelers Companies, Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 TeXaSMutual® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy,) This endorsement, effective on 6/30/2021 at 12:01 a.m. standard time, forms a part of: Policy no. 0001288975 of Texas Mutual Insurance Company effective on 6/30/2021 Issued to: FOSTER FENCE LTD DBA: A -ACCESS CONTROL SYSTEMS NCCI Carrier Code: 29939 This is not a bill ,44z Authorized representative 1 of 1 texasmutual.com 1(800) 859-5995 I Fax (800) 359-0650 PO Box 12058, Austin, TX 78711-2058 WC 42 03 04 B DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 exasmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 Insured copy EMPLOYERS LIABILITY POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 6/30/2021 at 12:01 a.m. standard time, forms a part of: Policy no. 0001288975 of Texas Mutual Insurance Company effective on 6/30/2021 Issued to: FOSTER FENCE LTD DBA: A -ACCESS CONTROL SYSTEMS NCCI Carrier Code: 29939 This is not a bill /7“,-e Authorized representative 1 of 1 texasmutual.com 1(800) 859-59951 Fax (800) 359-0650 PO Box 12058, Austin, TX 78711-2058 WC 42 06 01 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 TeXaSMutual® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND TM LHW 2001 EMPLOYERS LIABILITY POLICY Insured copy LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT COVERAGE ENDORSEMENT IMPORTANT NOTICE! THE INSURANCE PROVIDED BY THIS ENDORSEMENT IS LIMITED. This coverage applies only to persons under your contract of hire, whether express or implied, oral or written, and includes employees employed in the usual course and scope of your business who are directed by you temporarily to perform services outside the usual course and scope of your business. An employee who is injured while working in another jurisdiction or the employee's legal beneficiary is entitled to all rights and remedies if the injury would be compensable if it had occurred in this state and the employee has significant contacts with this state or the employment is principally located in this state. An employee has significant contacts with this state if the employee was hired or recruited in this state and the employee was injured not later than one year after the date of hire or has worked in this state for at least ten working days preceding the date of injury. This endorsement applies only to work subject to the Longshore and Harbor Workers' Compensation Act in a state shown in the Schedule. General Section C. Workers' Compensation Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation law means the workers or workmen's compensation law and occupational disease law of each state or territory named in Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901-950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workmen's compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers Liability Insurance), C. Exclusions., exclusion 8, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This endorsement does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. PO Box 12058, Austin, TX 78711-2058 1 of 2 texasmutual.com 1 (800) 859-5995 J Fax (800) 359-0650 TM LHW 2001 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 TeXasMutual® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND TM LHW 2001 EMPLOYERS LIABILITY POLICY Insured copy Schedule State Compensation Act Coverage Percentage Longshore and Harbor Workers' Texas 111.0% The rates for classifications with code numbers not followed by the letter "F" are rates for work not ordinarily subject to the Longshore and Harbor Workers' Compensation Act. If this policy covers work under such classifications, and if the work is subject to the Longshore and Harbor Workers' Compensation Act, those non -F classification rates will be increased by the Longshore and Harbor Workers' Compensation Act Coverage Percentage shown in the Schedule. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 6/30/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0001288975 of Texas Mutual Insurance Company effective on 6/30/21 Issued to: FOSTER FENCE LTD DBA: A -ACCESS CONTROL SYSTEMS NCCI Carrier Code: 29939 This is not a bill Authorized representative 6/25/21 2 of 2 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650 PO Box 12058, Austin, TX 78711-2058 TM LHW 2001 DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification I, Brent Price (Person name), the undersigned representative (hereafter referred to as "Representative") of Foster Fence, LTD. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. SIGNAURE-5F RE RESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 19th day of May 20 22 ROSBEL RODRIGUEZ Notary ID #130665145 My Commission Expires May 18, 2024 r DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Foster Fence, LTD. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Pearland Date Acknowledged: 05/19/2022 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. C0522-40 Fence and gate installation OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-888410 Date Filed: 05/19/2022 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Trent, Holloway Houston, TX United States Controlling Intermediary X 5 Check only if there is NO Interested Party. O 6 UNSWORN DECLARATION My name is , and my date of birth is My address is (street) (city) I declare under penalty of perjury that the foregoing is true and correct. Executed in (state) (zip code) (country) County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1. Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Foster Fence, LTD. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Pearland OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-888410 Date Filed: 05/19/2022 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. C0522-40 Fence and gate installation 4 Name of Interested Party Trent, Holloway City, State, Country (place of business) Houston, TX United States Nature of interest (check applicable) Controlling Intermediary X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is My address is ft 1 U v r + Hw . (street) I declare under penalty of perjury that the foregoing is true and correct. J Executed in l Oxr)S Forms provided by Texas Ethics Commission , and my date of birth is 1 PS' I I q q 1 -on %I 3 , US (city) (state) (zip code) (country) County, State of Teats , on the I"t4 )day of N1CL , 20o�' . (morn ) (year) / Signature of aut orized agklt of contracting business entity (Declarant) www.ethics.state.tx.us Version V1.1.191b5cdc DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebids(a pearlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Employers' Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and provided 30- day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30 day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000,000 3. Business Auto Liability (BAL) to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebidspearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids(a pearlandtx.gov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # C0522-40 Fence and Gate Installation Company: Foster Fence, LTD. Signature and Printed Name: Tr en- ; hokwaki Ts \uen r DocuSign Envelope ID: 0419F4F5-FD9B-4D73-BE54-46BD33F4CEA1 From: Melissa Sullinger To: Sue Arredondo Cc: Morgan Early Subject: RE: Contract Council Date: Thursday, May 19, 2022 3:48:40 PM Attachments: imace002.ioq Looks good. Melissa Sullinger Assistant Director Human Resources I Human Resources City of Pearland 13519 Liberty Dr. I Pearland, TX 77581 P: 281.652.1633 I M: 713.725.3072 pearlandtx.gov For emergency accidents or injuries 24 -hours a day, 7 days a week, please call 713.775.1471 From: Sue Arredondo <sarredondo@pearlandtx.gov> Sent: Thursday, May 19, 2022 3:27 PM To: Melissa Sullinger <msullinger@pearlandtx.gov> Cc: Morgan Early <mearly@pearlandtx.gov> Subject: FW: Contract Council Hi Melissa, Please verify attached COI. Kind regards, Get Connected: f®Iii�l Sue Arredondo Get Connected: Contract Administrator I Projects 11 City of Pearland 12016 Old Alvin I Pearland, TX 77581 P: 281.652.1946 I M: 832.627.2100 pearlandtx.gov Click here for COVID-19 Updates I Click Here to Utilize Online Features From: Haley Alley <hallev@fosterfence.corn> Sent: Thursday, May 19, 2022 2:08 PM To: Sue Arredondo <sarredondoPpearlandtx.gov>; Morgan Early <mearlvlrnpearlandtx.gov> Cc: Thomas Graham <TGraham(efosterfence.corn>; Melinda LaCaze <MLaCazePfosterfence.corn> Subject: RE: Contract Council [EXTERNAL EMAIL] This email is from outside the COP organization. DO NOT CLICK links or OPEN attachments unless you recognize the sender and know the content is safe. Good afternoon,