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Home My WebLink AboutContract 54317-PM1CSC No. 54317-PM1 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised September 2015 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 45 11 Bidders Prequalification’s 00 45 12 Prequalification Statement 00 45 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 00 61 25 Certificate of Insurance 00 62 13 Performance Bond 00 62 14 Payment Bond 00 62 19 Maintenance Bond 00 72 00 General Conditions 00 73 00 Supplementary Conditions 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects Division 01 - General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 55 26 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised September 2015 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s Buzzsaw site at: htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%20Documents/Specifications Division 02 - Existing Conditions 02 41 13 Selective Site Demolition 02 41 14 Utility Removal/Abandonment 02 41 15 Paving Removal Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 26 05 10 Demolition for Electrical Systems 26 05 33 Raceway and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 32 01 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 14 16 Brick Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised September 2015 32 17 23 Pavement Markings 32 31 13 Chain Link Fences and Gates 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 32 32 13 Cast-in-Place Concrete Retaining Walls 32 91 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding and Sodding 32 93 43 Trees and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33 05 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 16 Concrete Water Vaults 33 05 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Exploratory Excavation for Existing Utilities 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 11 15 Pre-stressed Concrete Cylinder Pipe 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 33 12 20 Resilient Seated Gate Valve 33 12 21 AWWA Rubber-Seated Butterfly Valves 33 12 25 Connection to Existing Water Mains 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 33 12 40 Dry-Barrel Fire Hydrants 33 12 50 Water Sample Stations 33 12 60 Blow-off Valves 33 31 12 Cured in Place Pipe (CIPP) 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised September 2015 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 33 31 22 Sanitary Sewer Slip Lining 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 33 39 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber (WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 41 11 HDPE Storm Sewer Pipe 33 46 00 Sub drainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 34 41 10 Traffic Signals 34 41 13 Removing Traffic Signals 34 41 20 Roadway Illumination Assemblies 34 41 30 Aluminum Signs 34 71 13 Traffic Control Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements GeoTech Report END OF SECTION DIVISION 00 GENERAL CONDITIONS UTILITIES SECTION004100DAPBIDFORM004100DAPBIDFORMPage1of3BloomfieldHomes,LPTO:1050E.Hwy114,Suite210Southiake,TX76092FOR:Water,SanitarySewer,Paving,StreetLightsandDrainageImprovementsforHulenTrailsPhase1CityProject102565No.:Units/Sections:Fffl#30114-0200431-102565-E076$5W-26921.EnterIntoAgreementTheundersignedBidderproposesandagrees,ifthisBidisaccepted,toenterintoanAgreementwithDeveloperintheformincludedintheBiddingDocumentstoperformandfurnishallWorkasspecifiedorindicatedintheContractDocumentsfortheBidPriceandwithintheContractTimeindicatedinthisBidandinaccordancewiththeothertermsandconditionsoftheContractDocuments.2.BIDDERAcknowledgementsandCertification2.1.InsubmittingthisBid,BidderacceptsallofthetermsandconditionsoftheINVITATIONTOBIDDERSandINSTRUCTIONSTOBIDDERS,includingwithoutlimitationthosedealingwiththedispositionofBidBond.2.2.Bidderisawareofallcoststoprovidetherequiredinsurance,willdosopendingcontractaward,andwillprovideavalidinsurancecertificatemeetingallrequirementsintheconstructioncontract.2.3.BiddercertifiesthatthisBidisgenuineandnotmadeintheinterestoforonbehalfofanyundisclosedindividualorentityandisnotsubmittedinconformitywithanycollusiveagreementorrulesofanygroup,association,organization,orcorporation.2.4.BidderhasnotdirectlyorindirectlyinducedorsolicitedanyotherBiddertosubmitafalseorshamBid.2.5.Bidderhasnotsolicitedorinducedanyindividualorentitytorefrainfrombidding.2.6.Bidderhasnotengagedincorrupt,fraudulent,collusive,orcoercivepracticesincompetingfortheContract.ForthepurposesofthisParagraph:a.“corruptpractice”meanstheoffering,giving,receiving,orsolicitingofanythingofvaluelikelytoinfluencetheactionofapublicofficialinthebiddingprocess.CITYOFFORTWORTHSTANDARDCONSTRUCTIONBIDFORM—DEVELOPERAWARDEDPROJECTSFormRevisedApril2,2014HulenTrailsPhase1CityProject#102565 004100DAPBIDFORMPage2of3b.“fraudulentpractice”meansanintentionalmisrepresentationoffactsmade(a)toinfluencethebiddingprocesstothedetrimentofDeveloper(b)toestablishBidpricesatartificialnon-competitivelevels,or(c)todepriveDeveloperofthebenefitsoffreeandopencompetition.c.“collusivepractice”meansaschemeorarrangementbetweentwoormoreBidders,withorwithouttheknowledgeofDeveloper,apurposeofwhichistoestablishBidpricesatartificial,non-competitivelevels.d.“coercivepractice”meansharmingorthreateningtoharm,directlyorindirectly,personsortheirpropertytoinfluencetheirparticipationinthebiddingprocessoraffecttheexecutionoftheContract.3.PrequalificationTheBidderacknowledgesthatthefollowingworktypesmustbeperformedonlybyprequalifiedcontractorsandsubcontractors:WaterandWastewaterNewDevelopment,RehabilitationandRedevelopmentOpenCut(48”andunder)4.TimeofCompletion4.1.TheWorkwillbecompleteforFinalAcceptancewithin70workingdaysafterthedatewhentheContractTimecommencestorunasprovidedintheGeneralConditions.4.2.BidderacceptstheprovisionsoftheAgreementtoliquidateddamages,ifapplicable,intheeventoffailuretocompletetheWork{andlorachievementofMilestones}withinthetimesspecifiedintheAgreement.5.AttachedtothisBidThefollowingdocumentsareattachedtoandmadeapartofthisBid:a.ThisBidForm,Section004100b.BidBond(ifrequired),Section004313issuedbyasuretymeetingtherequirementsoftheGeneralConditions.c.ProposalForm,Section004243d.MBEForms(ifrequired)e.PrequalificationStatement,Section004512f.AnyadditionaldocumentsthatmayberequiredbySection12oftheInstructionstoBiddersg.Bidderpre-qualificationapplication(optional)6.TotalBidAmount6.1.BidderwillcompletetheWorkinaccordancewiththeContractDocumentsforthefollowingbidamount.Inthespaceprovidedbelow,pleaseenterthetotalbidamountforthisproject.OnlythisfigurewillbereadpubliclybytheCityatthebidopening.6.2.ItisunderstoodandagreedbytheBidderinsigningthisproposalthatthetotalbidamountenteredbelowissubjecttoverificationandlormodificationbymultiplyingtheunitbidpricesforeachpayitembytherespectiveestimatedquantitiesshowninthisproposalandthentotalingalloftheextendedamounts.6.3.EvaluationofAlternateBidItems<usethisifapplicable,otherwisedelete>CITYOFFORTWORTHHulenTrailsPhase;STANDARDCONSTRUCTIONBIDFORM—DEVELOPERAWARDEDPROJECTSCityProject#102565FormRevisedApril2,2014 004100DAPBIDFORMPage3of3TotalBaseBid$3,268,623.96AlternateBidDeductiveAlternateAdditiveAlternateTOTALBID$3,268,623.967.BidSubmittalThisBidissubmittedonL2ZObytheentinamedbelow:Respectfullysubmitted,ReceiptisacknowledgedofBy:.Initial(Siare)thefollowingAddenda:PrintedName:BobbyW.GordonAddendumNo.1Title:PresidentAddendumNo.2AddendumNo.3Company:L.H.LacyCompany,Ltd.AddendumNo.4Address:1880CrownRd.Dallas,TX75234StateofIncorporation:TXEmail:bgordonlhlacy.comPhone:214-357-0146ENDOFSECTIONCITYOFFORTWORTHHulenTrailsPhase1STANDARDCONSTRUCTIONBIDFORM—DEVELOPERAWARDEDPROJECTSCityProject#102565FormRevisedApril2,2014 SNOTPROVE900SECT10048*4233DninlnpoeAoiodndPritrnie.PROPOSALFORMHokoTreilu,PtreaoICilyPpeoct09020602113311.0541IrWaterpipeSanitarySawerSubtotal3933050109TrenchSafetymabidsuhinltadbyta.entry1094belowCompanyStreetAddmeCOyStateZipCodePhone8y•Ceoeeale.a.pIoeWORkterYCC0’TniCRmiha70..,kegd,1,chnh,do,ehenlhaCOnOThACTaeFreté4deCeowdCeataaeeProjeutItemIt54rmabooBmddoi’tPtuposutihil,jOeoonpttnnStmofin.liooQ,[!o0tPocoj9odvctonWaterPantone10241.11194-12”t3reesutaPlug024114X”TT’$192.92$1,762.1723305.0109TrenchSafety330510LF‘32’50.20$2907.2033305.1002ConcreteEncae.ment330530IF22056.6651,301.9643310.0001OudetronWaterFt6ngeodReztraott331111TON40320,75201$830080453311.02418’PlICVdetetPtpeIF9232$27.920257,757.4463311.02418’PVCWaterPipe.CSSBecodlIF105$549373311.0441iTPVCWaterPipeCF$52235199.385.9863311.044212”WaterPipe,CSSBacMS330112$14,979.73933120001Std.PireH&entasemteywI6’0eteVatoe&VeIve8on331240EA1454,141.84$57,945.7103312.0117ConnecttoExi90968’W.LStub-aid331225LA1$507.09$907.1133121502Z’ComtenehonirVatv.AnemtaytooVVeter331230LA1$6,168.21$9,168.123312,2503VDomesbcWaterService.331210“3340918.9$205933133312.2103110’OomeubcWaterSmotcea331210EA151731.56$1131.143312.3003rGeteVatve&Valueoox331220LA3051,304.89528.7031153312.30051ZGeteVelv,&Velu.Boo331220952,563.91523.075.163312.431336”xlrTepplngSleov.&V.Ive331225‘157,713.5457.713.1?9999.0001Sawcut,Remove.6Repr000000SY315221.7759,874.189999.0002R.mov.&RepairGravelDnv.006000SY36$51.50$2214199999.0003Wat.rlineLoweongUnder8ooCulvertinCreek000000‘“K“T”$18,187.66$18767.WaterSubtotal$914164.WaterFac*SiawithCityParhelpelon200241.110616’PneseuraFloe024114•X’T’’5594.6551186.78WalerwithCloyPuOclpe000SubtotalOverallWaterFactilUesSubtotal5l,641j14,1ISanitarySewerFaatoea——24241.11186’-lTPt..uur.Ptug024114LA4555.50$220.7125301.0002Poet-CC1Vtrepecuon330131IF943251.47$12,865.926301.5101VacuumT..tMalthctes330130EA45$1100$4,850.0027309,0109TrenchSafety330510IF9,43250.5855.241,0228305.0113TrenchWaterStopa330515LA135310Ev*4,0423629331.3101SOR-264’SewerSeneces333150LA‘2205651.65$143,363.00—331110303331.41158”SOR-26PVCS.werPtpa333112IF9.023530.815276,194.03-______31333141166’PVCSenttetySrwerPipew/CSSBeUI6N333h10IF450$56.77$2321893323339.10014’SkI.Ore,ManholeLA4553259,745146,668.3333339.10034’ExtraDepthidenhideVP150$168.09$25,320.0W9999.0004tnsta0WarrenFrotecbonPerManhole000000LA253,232.25$8,484.52359999,0005ConnedtoEoa8ng6’Sewer000000LA35979.7292,036.16223311.054216’WaterPipe.CBSBacldl2313312.300616’GateValveodVau8331110.tIlt12CF1280331110,331112CF331220$66.7463LA$8406241$123.26$12,063.0957.765.36$36,251.71330517LA35444.17F334110CF269334110CF354110CF417354110J2E__229CF,----w----tv-354110354110354110393305.0112ConcreteColat403341.02012VRCP,Cta.eHl413341.020524’RCP,Cla.aIO420.060827’RCP.ClueItt431.030236’RCP.Cl...6443341.03053TRCP.ClautO453341.030536’RCP.CleeaIll463341.031236’RtPClueItt473341.040242’RCP.C3uelit483341.040546’RCP.dueSi443341.11014x28Ct4nantsO3341.12026x4$oo0olvert613341.2005l566BooCt4nent523341.200417Be.Ctiv.rt533349,00014StormboobooBox543349.00020StormJunc6onboo553349.0004‘StenoJunobonBox563349.01034’MenhdeRun573349,1000Headsa.Bratäidvert583349.41062TSE1.Ipipe593349.410936’sti,1pipe603349.411142503’,1pIpe613349.411346’SET.1pipe623349.600110Curbtndet633349.500210Curbttdet649999.0006PadeabranRat65.00074x2SET,Ipipe669969.0000504SET,1no.384110IF$59.63516,1$88.11$30.$77.92$32.$68.03$20.15106.452$122.51$75$149.$11.$167.67$74$204.352102$220.45$20.$306.31$139$596.852856$653295133.1.54.4u46526.534.334910LA6334910334910334910344940334610334910334940334940334920LA5LA21CV152LAILAILA1LA2LA11StenoDrainSubtotal$5.629.38$28,186.$8243.72!$16,457,52,668.831$Z666.5771.7115117.26952,077.571520Th334920LA1452730.65$2730.*3.086.8203066.52,283.6356757.$5,303.85$57,462.WaterlSanitatySaweniStormDrainFactUtleSSubtotal56.569.171592249.$72462.$7,123ENDOFSEC11OI 004512DAPPREQUALWICATIONSTATEMENTPage1of1SECTION004512DAP-PREQUALIFICATIONSTATEMENTEachBidderisrequiredtocompletetheinformationbelowbyidentifyingtheprequalifiedcontractorsand/orsubcontractorswhomtheyintendtoutilizeforthemajorworktype(s)listed.Inthe“MajorWorkType”boxprovidethecompletemajorworktypeandactualdescriptionasprovidedbytheWaterDepartmentforwaterandsewerandTPWforpaving.Contractor/SubcontractorCompanyNamePrequalificationExpirationDateWaterandWastewaterNewDevelopment,RehabilitationL.H.LacyCompany,Ltd.4/30/2021andRedevelopmentOpenCut(48”and_under)Theundersignedherebycertifiesthatthecontractorsand/orsubcontractorsdescribedinthetableabovearecurrentlyprequalifledfortheworktypeslisted.BifiDER:L.H.LacyCompany,Ltd1880CrownRd.BY:Dallas,TX75234I)j’ignature)NAME/TITLE:BobbyW.Gordon,PresidentDATE:ENDOFSECTIONCITYOFFORTWORTHHulenTrailsPhase1STANDARDCONSTRUCTIONPREQUALIFICATIONSTATEMENT—DEVELOPERAWARDEDPROJECTSCityProject#102565FormVersionSeptember1,2015 004526-1CONTRACTORCOMPLIANCEWITHWORKER’SCOMPENSATIONLAWPage1ofISECTION004526CONTRACTORCOMPLIANCEWITHWORKER’SCOMPENSATIONLAWPursuanttoTexasLaborCodeSection406.096(a),asamended,Contractorcertifiesthatitprovidesworker’scompensationinsurancecoverageforallofitsemployeesemployedonCityProjectNo.102565.Contractorfurthercertifiesthat,pursuanttoTexasLaborCode,Section406.096(b),asamended,itwillprovidetoCityitssubcontractor’scertificatesofcompliancewithworker’scompensationcoverage.CONTRACTOR:LU.LacyCompany,Ltd.CompanyBy:BobbyW.Gordon1880CrownRd.AddressSignature:Dallas,TX75234Title:PresidentCity/State/ZipTHESTATEOFTEXAS§COUNTYOFTARRANT§BFOREME,theundersignedauthority,onthisdaypersonallyappearedfl\O,l.4yZ\YV1\,knowntometobethepersonwhosenameissubscribed)iotheforegoinginstnimt,andacknowlededtomethathe/sheexecutedthesameastheactanddeedofL’%.J.,\t)Yv1LforthepurposesandconsiderationthereinexpressedaMintheèapacitthereinstated.GWENUNDERMYHANDANDSEALOFOFFICEthis1?)dayof___________________,2020.J——IDARLENECONEYI*):)MyNotaryID#10317301ExpiresMarch9,2024ENDOFSECTIONteTexast4ryPublicinandfoCITYOfFORTWORTHSTANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTSRevisedApril2,2014HulenTrailsPhaseICityProject#102565 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS –DAP City Project #102565 Revised June 16, 2016 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on _________________________ is made by and between the Developer, Bloomfield Homes, LP , authorized to do business in Texas and Contractor, L.H. Lacy Company, Ltd. , authorized to do business in Texas, acting by and through its duly authorized representative. Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Water, Sanitary Sewer, Paving, Street Lights and Drainage Improvements for Hulen Trails Phase 1 City Project #102565 FID #30114-0200431-102565-E07685 W-2692 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 70 working days after the date when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 1 0 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agre es that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer Two Hundred & Fifty Dollars ($250.00) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. 005243-2DeveloperAwardedProjectAgreementPage2of4Article4.CONTRACTPRICEDeveloperagreestopayContractorforperformanceoftheWorkinaccordancewiththeContractDocumentsanamountincurrentfundsofThreeMillionTwoHundredSixtyEightThousandSixHundredTwentyThree&96/100Dollars($3g268,623.96)Article5.CONTRACTDOCUMENTS5.1CONTENTS:A.TheContractDocumentswhichcomprisetheentireagreementbetweenDeveloperandContractorconcerningtheWorkconsistofthefollowing:1.ThisAgreement.2.AttachmentstothisAgreement:a.BidForm(AsprovidedbyDeveloper)1)ProposalForm(DAPVersion)2)PrequalificationStatement3)StateandFederaldocuments(projectspecific)b.InsuranceACORDform(s)c.PaymentBond(DAPVersion)d.PerformanceBond(DAPVersion)e.MaintenanceBond(DAPVersion)f.PowerofAttorneyfortheBondsg.Worker’sCompensationAffidavith.MBEand/orSBECommitmentform(Ifrequired)3.StandardCityGeneralConditionsoftheConstructionContractforDeveloperAwardedProjects.4.SupplementaryConditions.5.SpecificationsspecificallymadeapartoftheContractDocumentsbyattachmentor,ifnotattached,asincorporatedbyreferenceanddescribedintheTableofContentsoftheProject’sContractDocuments.6.Drawings.7.Addenda.8.DocumentationsubmittedbyContractorpriortoNoticeofAward.9.ThefollowingwhichmaybedeliveredorissuedaftertheEffectiveDateoftheAgreementand,ifissued,becomeanincorporatedpartoftheContractDocuments:a.NoticetoProceed.b.FieldOrders.c.ChangeOrders.d.LetterofFinalAcceptance.CITYOFFORTWORTHHulenTrailsPhase1STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DAPCityProject#102565RevisedJune16,2016 005243-3DeveloperAwardedProjectAgreementPage3of4Article6.INDEMNIFICATION6.1Contractorcovenantsandagreestoindemnify,holdharmlessanddefend,atitsownexpense,thecity,itsofficers,servantsandemployees,fromandagainstanyandallclaimsarisingoutof,orallegedtoariseoutof,theworkandservicestobeperformedbythecontractor,itsofficers,agents,employees,subcontractors,licensesorinviteesunderthiscontract.Thisindemnificationprovisionisspecificallyintendedtooperateandbeeffectiveevenifitisallegedorproventhatallorsomeofthedamagesbeingsoughtwerecaused,inwholeorinpart,byanyact,omissionornegligenceofthecity.Thisindemnityprovisionisintendedtoinclude,withoutlimitation,indemnityforcosts,expensesandlegalfeesincurredbythecityindefendingagainstsuchclaimsandcausesofactions.6.2Contractorcovenantsandagreestoindemnifyandholdharmless,atitsownexpense,thecity,itsofficers,servantsandemployees,fromandagainstanyandallloss,damageordestructionofpropertyofthecity,arisingoutof,orallegedtoariseoutof,theworkandservicestobeperformedbythecontractor,itsofficers,agents,employees,subcontractors,licenseesorinviteesunderthiscontract.Thisindemnificationprovisionisspecificallyintendedtooperateandbeeffectiveevenifitisallegedorproventhatallorsomeofthedamagesbeingsoughtwerecaused,inwholeorinpart,byanyact,omissionornegligenceofthecity.Article7.MISCELLANEOUS7.1Terms.TermsusedinthisAgreementaredefinedinArticle1oftheStandardCityConditionsoftheConstructionContractforDeveloperAwardedProjects.7.2AssignmentofContract.ThisAgreement,includingalloftheContractDocumentsmaynotbeassignedbytheContractorwithouttheadvancedexpresswrittenconsentoftheDeveloper.7.3SuccessorsandAssigns.DeveloperandContractoreachbindsitself,itspartners,successors,assignsandlegalrepresentativestotheotherpartyhereto,inrespecttoallcovenants,agreementsandobligationscontainedintheContractDocuments.7.4Severability.AnyprovisionorpartoftheContractDocumentsheldtobeunconstitutional,voidorunenforceablebyacourtofcompetentjurisdictionshallbedeemedstricken,andallremainingprovisionsshallcontinuetobevalidandbindinguponDEVELOPERandCONTRACTOR.7.5GoverningLawandVenue.ThisAgreement,includingalloftheContractDocumentsisperformableintheStateofTexas.VenueshallbeTarrantCounty,Texas,ortheUnitedStatesDistrictCourtfortheNorthernDistrictofTexas,FortWorthDivision.CITYOFFORTWORTHHulenTrailsPhase1STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS-DAPCityProject#102565RevisedJune16,2016 005243-4 Developer Awarded Project Agreement Page 4 of 4 7.6 Authority to Sign, Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor, IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"), Contractor: Developer: L.H. Lacy Company, Ltd. Bloomfield Homes, LP By: B . r�--- ($igna, e Si a e Donald J. Dykst a, President Bloomfield Properties, Inc. Bobby W. Gordon General Partner (Printed Name) (Printed Name Title: President Title: President Company Name: Company Name: L.H. Lacy Company, Ltd. Bloomfield Homes, LP Address: 1880 Crown Rd. Address: 1050 E. Hwy 114, Suite 210 Dallas, TX 75234 Southlake, TX 76092 Date: Z3 Date: Z CITY OF FORT WORTH Helen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DAP City Project #102565 Revised June IG, 2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number C P P 20675291101 Agency Number 0765330 Policy Effective Date 02/01/2020 Policy Expiration Date Date Account Number 02/01 /2021 20017633 Named Insured Agency Issuing Company L.H. LACY COMPANY, LTD. BOWEN, MICLETTE & BRITT AMERISURE INSURANCE INSURANCE AGENCY, LLC COMPANY 1, a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. b. The written contract or written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury' leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (c) Lease; or (d) Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 1 of 3 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out of language: or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 10 01; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of. c. if the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13: or (2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13: or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "Personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 85 10 15 (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c. Contingent; or d. On any other basis; but if the written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. i. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h, Other Insurance shown above. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number C P P 20675291101 Agency Number 0765330 Policy Effective Date 02/01/2020 Policy Expiration Date Date Account Number 02/01 /2021 20017633 Named Insured Agency Issuing Company L.H. LACY COMPANY, LTD. BOWEN, MICLETTE & BRITT AMERISURE INSURANCE INSURANCE AGENCY, LLC COMPANY 1, a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. b. The written contract or written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury' leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (c) Lease; or (d) Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 1 of 3 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out of language: or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 10 01; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of. c. if the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13: or (2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13: or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "Personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 85 10 15 (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c. Contingent; or d. On any other basis; but if the written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. i. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h, Other Insurance shown above. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 3 of 3 00 62 13 - 1 PERFORMANCE BOND Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised January 31, 2012 SECTION 00 62 13 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, L.H. Lacy Company, Ltd. , known as “Principal” herein and, a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as “Surety” herein (whether one or more), are held and firmly bound unto the Developer, Bloomfield Homes, LP , authorized to do business in Texas (“Developer”) and the City of Fort Worth, a Texas municipal corporation (“City”), in the penal sum of, Three Million Two Hundred Sixty Eight Thousand Six Hundred Twenty Three & 96/100 Dollars ($3,268,623.96) , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number ;and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the _____ day of ________________, 2020, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Water, Sanitary Sewer, Paving, Street Lights and Drainage Improvements for Hulen Trails Phase 1. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the Developer and/or City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. 006213-2PERFORMANCEBONDPage2of3PROVIDEDFURTHER,thatifanylegalactionbefiledonthisBond,venueshalllieinTarraritCounty,TexasortheUnitedStatesDistrictCourtfortheNorthernDistrictofTexas,fortWorthDivision.ThisbondismadeandexecutedincompliancewiththeprovisionsofChapter2253oftheTexasGovernmentCode,asamended,andallliabilitiesonthisbondshallbedeterminedinaccordancewiththeprovisionsofsaidstatue.INWITNESSWHEREOF,thePrincipalandtheSuretyhaveSIGNEDandSEALEDthisinstrumentbydulyauthorizedagentsandofficersonthisthe______________dayof____________________2020.PRINCIPAL:LH.LacyComoanv.Ltd.BY:SignatureATTEST:(1(Principal)SecretaryOaiTTTheAddress:1880CrownDr.,Suite1200Dallas,TX75234SURETY:GreatAmericanInsuranceCompanyof301E.FourthStreetNewYorkBY:SignatureRitaG.Gulizo,Attorney-in-FactNameandTitleAddress:CITYOfFORTWORTHSTANDARDCITYCONDITIONS-DEVELOPERAWARDEDPROJECTSRevisedJanuary31,2012HulenTrailsPhaseICityProject#102565Witnessasto 006213-3PERFORMANCEBONDPage3of3Cincinnati,OH45202WitnessastoSuretyAlJohnsonTelephoneNumber:(513)369-5000*Note:IfsignedbyanofficeroftheSuretyCompany,theremustbeonfileacertifiedextractfromtheby-lawsshowingthatthispersonhasauthoritytosignsuchobligation.IfSurety’sphysicaladdressisdifferentfromitsmailingaddress,bothmustbeprovided.ThedateofthebondshallnotbepriortothedatetheContractisawarded.CITYOFFORTWORTHHulenTrailsPhaseISTANDARDCITYCONDITIONS-DEVELOPERAWARDEDPROJECTSCityProject#102565RevisedJanuary31,2012 00 62 14 - 1 PAYMENT BOND Page 1 of 2 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised January 31, 2012 SECTION 00 62 14 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, L.H. Lacy Company, Ltd. , known as “Principal” herein, and , a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known as “Surety” herein (whether one or more), are held and firmly bound unto the Developer, Bloomfield Homes, LP , authorized to do business in Texas “(Developer”), and the City of Fort Worth, a Texas municipal corporation (“City”), in the penal sum of Three Million Two Hundred Sixty Eight Thousand Six Hundred Twenty Three & 96/100 Dollars ($3,268,623.96) , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, CFA Number ; and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the ________day of _________________, 2020, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Water, Sanitary Sewer, Paving, Street Lights and Drainage Improvements for Hulen Trails Phase 1. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. 006214-2PAYMENTBONDPage2of2ThisbondismadeandexecutedincompliancewiththeprovisionsofChapter2253oftheTexasGovernmentCode,asamended,andallliabilitiesonthisbondshallbedeterminedinaccordancewiththeprovisionsofsaidstatute.INWITNESSWHEREOF,thePrincipalandSuretyhaveeachSIGNEDandSEALEDthisinstrumentbydulyauthorizedagentsandofficersonthistheoiidayof-,2020.ATTEST:(Priicipal)SecretaryWitnessastoPrincipaPRINCIPAL:-LH.LacyCompany,LtBY:PRo4&J)NamedTitAddress:188rownDr.,Suite1200Dallas,TX75234‘1,1..-,‘)S/4%’,IATTEST:(Surety)Q4X2AlJohnson,WitnessWitnessastSure,ingerThomasSURETY:GreatAmericanInsuranceCompanyof-NewYorkBY:7SignaturRitaG.Gulizo,Attorney-in-FactNameandTitleAddress:301E.FourthStreetCincinnati,OH45202TelephoneNumber:(513)369-5000Note:IfsignedbyanofficeroftheSurety,theremustbeonfileacertifiedextractfromthebylawsshowingthatthispersonhasauthoritytosignsuchobligation.IfSurety’sphysicaladdressisdifferentfromitsmailingaddress,bothmustbeprovided.ThedateofthebondshallnotbepriortothedatetheContractisawarded.CITYOfFORTWORTHSTANDARDCITYCONDITIONS-DEVELOPERAWARDEDPROJECTSRevisedJanuary31,2012HulenTrailsPhaseICityProject#102565 00 62 19 - 1 MAINTENANCE BOND Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised January 31, 2012 SECTION 00 62 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, L.H. Lacy Company, Ltd. , known as “Principal” herein and , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as “Surety” herein (whether one or more), are held and firmly bound unto the Developer, Bloomfield Homes, LP , authorized to do business in Texas (“Developer”) and the City of Fort Worth, a Texas municipal corporation (“City”), in the sum of Three Million Two Hundred Sixty Eight Thousand Six Hundred Twenty Three & 96/100 Dollars ($3,268,623.96) , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number ; and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the day of , 2020, which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the “Work”) as provided for in said Contract and designated as Water, Sanitary Sewer, Paving, Street Lights and Drainage Improvements for Hulen Trails Phase 1, and; WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City (“Maintenance Period”); and 006219-2MAINTENANCEBONDPage2of3WHEREAS,PrincipalbindsitselftorepairorreconstructtheWorkinwholeorinpartuponreceivingnoticefromtheDeveloperand/orCityoftheneedthereofatanytimewithintheMaintenancePeriod.NOWTHEREFORE,theconditionofthisobligationissuchthatifPrincipalshallremedyanydefectiveWork,forwhichtimelynoticewasprovidedbyDeveloperorCity,toacompletionsatisfactorytotheCity,thenthisobligationshallbecomenullandvoid;otherwisetoremaininfullforceandeffect.PROVIDED,HOWEVER,ifPrincipalshallfailsotorepairorreconstructanytimelynoticeddefectiveWork,itisagreedthattheDeveloperorCitymaycauseanyandallsuchdefectiveWorktoberepairedand/orreconstructedwithallassociatedcoststhereofbeingbornebythePrincipalandtheSuretyunderthisMaintenanceBond;andPROVIDEDFURTHER,thatifanylegalactionbefiledonthisBond,venueshalllieinTarrantCounty,TexasortheUnitedStatesDistrictCourtfortheNorthernDistrictofTexas,fortWorthDivision;andPROVIDEDFURTHER,thatthisobligationshallbecontinuousinnatureandsuccessiverecoveriesmaybehadhereonforsuccessivebreaches.CITYOfFORTWORTHHulenTrailsPhase1STANDARDCITYCONDITIONS-DEVELOPERAWARDEDPROJECTSCityProject#102565RevisedJanuary31,2012 006219-3MAINTENANCEBONDPage3of3INWITNESSWHEREOF,thePrincipalandtheSuretyhaveeachSIGNEDandSEALEDthisinstrumentbydulyauthorizedagentsandofficersonthisthed/dayof-,2020.ATTEST:nson,Witness(Surety)nessasngerThomasPRTNCIPAL:L.H.LacyCompany,Ltd.*Note:IfsignedbyanofficeroftheSuretyCompany,theremustbeonfileacertifiedextractfromtheby-lawsshowingthatthispersonhasauthoritytosignsuchobligation.IfSurety’sphysicaladdressisdifferentfromitsmailingaddress,bothmustbeprovided.ThedateofthebondshallnotbepriortothedatetheContractisawarded.CITYOFFORTWORTHSTANDARDCITYCONDITIONS-DEVELOPERAWARDEDPROJECTSRevisedJanuary31,2012HulenTrailsPhaseICityProject#102565ATTEST:((Pifncipal)SecretaryBY:Signare6bJGJ0.Na4ieandTitleAddress:1880CrownDr.,Sufte1200Dallas,TX75234SURETY:GreatAmericanInsuranceCompan_NewYorkBY:SignatureRitaG.Gulizo,Attorney-in-FactNameandTitleAddress:301E.FourthStreetCincinnati,OH45202TelephoneNumber:(513)369-5000 GREATAMERICANINSURANCECOMPANYOFNEWYORKNewYorkAdministrativeOffice:301E4THSTREET•CINCINNATI,OHIO45202•513-369-5000•FAX513-723-2740ThenumberofpersonsauthorizedbythispowerofattorneyisnotmorethanTHREENo.019964POWEROFATTORNEYKNOWALLMENBYTHESEPRESENTS:ThattheGREATAMERICANINSURANCECOMPANYOFNEWYORK,acorporationorganizedandexistingunderandbyvirtueofthelawsoftheStateofNewYork,doesherebynominate,constituteandappointthepersonorpersonsnamedbelowitstrueandlawfulattorney-in-fact,foritandinitsname,placeandsteadtoexecuteonbehalfofthesaidCompany,assurety,anyandallbonds,undertakingsandcontractsofsuretyship,orotherwrittenobligationsinthenaturethereof;providedthattheliabilityofthesaidCompanyonanysuchbond,undertakingorcontractofsuretyshipexecutedunderthisauthorityshallnotexceedthelimitstatedbelow.NameAddressLimitofPowerRITAG.GULIZOALLOFALLSUSAND.ZAPALOWSKINEWORLEANS,LOUISIANA$100,000,000DAVIDT.MICLETTEThisPowerofAttorneyrevokesallpreviouspowersissuedonbehalfoftheattorney(s)-in-factnamedabove.INWITNESSWHEREOF,theGREATAMERICANINSURANCECOMPANYOFNEWYORKhascausedthesepresentstobesignedandattestedbyitsappropriateofficersanditscorporatesealhereuntoaffixedthis13THdayofAPRIL,2020AttestGREATAMERICANINSURANCECOMPANYOFNEWYORK%Cc3_________,‘-•Dñ’isio,wtSenior[7cc’President,ls.cictantSccreiurrMARKVICARIO(877-377-2405)STATEOFOHIO,COUNTYOFHAMILTON-ss:Onthis13THdayofAPRIL,2020,beforemepersonallyappearedMARKVICARIO,tomeknown,beingdulysworn,deposesandsaysthatheresidesinCincinnati,Ohio,thatheisaDivisionalSeniorVicePresidentoftheBondDivisionofGreatAmericanInsuranceCompanyofNewYork,theCompanydescribedinandwhichexecutedtheaboveinstrument;thatheknowstheseal;thatitwassoaffixedbyauthorityofhisofficeundertheBy-LawsofsaidCompany,andthathesignedhisnametheretobylikeauthority.TSUSANAKOHORSIMyComm.ExpiresMay78,2025ThisPowerofAttorneyisgrantedbyauthorityofthefollowingresolutionsadoptedbytheBoardofDirectorsofGreatAmericanInsuranceCompanyofNewYorkbyunanimouswrittenconsentdatedMay14,2009.RESOLVED:ThattheDivisionalPresident,theseveralDivisionalSeniorVicePresidents,DivisionalWcePresidentsandDivisionalAssistantVicePresidents,oranyoneofthem,beandherebyisauthorized,fromtimetotime,toappointoneormoreAttorneys-in-FacttoexecuteonbehalfoftheCompany,assurety,anyandallbonds,undertakingsandcontractsofsuretyship,orotherwrittenobligationsinthenaturethereof;toprescribetheirrespectivedutiesandtherespectivelimitsoftheirauthority;andtorevokeanysuchappointmentatanytime.RESOLVEDFURTHER:ThattheCompanysealandthesignatureofanyoftheaforesaidofficersandanySecretaryorAssistantSecretaryoftheCompanymaybeaffixedbyfacsimiletoanypowerofattorneyorcertificateofeithergivenfortheexecutionofanybond,undertaking,contractofsuretyship,orotherwrittenobligationinthenaturethereof,suchsignatureandsealwhensousedbeingherebyadoptedbytheCompanyastheoriginalsignatureofsuchofficerandtheoriginalsealoftheCompany,tobevalidandbindingupontheCompanywiththesameforceandeffectasthoughmanuallyaffixed.CERTIFICATIONI,STEPHENC.BERAHA,AssistantSecretaryofGreatAmericanInsuranceCompanyofNewYork,doherebycertifythattheforegoingPowerofAttorneyandtheResolutionsoftheBoardofDirectorsofMay14,2009havenotbeenrevokedandarenowinfullforceandeffect.Signedandsealedthisdayof,.4scistoiitSecn’ui,iS1185N(03/20) 4tGreatAmericanInsuranceCompanyofNewYorkGREATJ1ERICItJVGreatAmericanAllianceInsuranceCompanyINSURANCEGROUPGreatAmericanInsuranceCompanyIMPORTANTNOTICE:Toobtaininformationormakeacomplaint:YoumaycontacttheTexasDepartmentofInsurancetoobtaininformationoncompanies,coverages,rightsorcomplaintsat:1-800-252-3439YoumaywritetheTexasDepartmentofInsuranceat:P.O.Box149lt)4Austin,TX78714-9091FAX:1-512-490-1007Yournoticeofclaimagainsttheattachedbondmaybegiventothesuretycompanythatissuedthebondbysendingitbycertifiedorregisteredmailtothefollowingaddress:MailingAddress:GreatAmericanInsuranceCompanyP.O.Box2119Cincinnati,Ohio452t)2PhysicalAddress:GreatAmericanInsuranceCompany301E.FourthStreetCincinnati,Ohio45202YoumayalsocontacttheGreatAmericanInsuranceCompanyClaimofficeby:Fax:1-888-290-3706Telephone:1-513-369-5t)91Email:bondclaims@gaic.comPREMIUMORCLAIMDISPUTES:Ifyouhaveadisputeconcerningapremium,youshouldcontacttheagentfirst.Ifyouhaveadisputeconcerningaclaim,youshouldcontactthecompanyfirst.Ifthedisputeisnotresolved,youmaycontacttheTexasDepartmentofInsurance.ATTACHTHISNOTICETOYOURBOND:Thisnoticeisforinformationonlyanddoesnotbecomeapartorconditionoftheattacheddocument.F.9667A(10/16) PAVING 0041 00 DAP BID FORM Page I of 3 SECTION 00 4100 DAP BID FORM Bloomfield Homes, LP TO: 1050 E. Hwy 114, Suite 210 Southlake, TX 76092 FOR: Water, Sanitary Sewer, Paving, Street Lights and Drainage Improvements for Hulen Trails Phase 1 City Project 102565 No.: Units/Sections: FID# 30114-0200431-102565-EO7685 W-2692 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM— DEVELOPER AWARDED PROJECTS Form Revised April 2, 2014 Hulen Trails Phase 1 City Project 9102S65 0041 00 DAP BID FORM Page 2 of 3 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: Concrete Construction/Reconstruction < 15,000 SY 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 45 working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS Form Revised April 2, 2014 Hulen Trails Phase 1 City Project #102565 0041 00 DAP BID FORM Page 3 of 3 Total Base Bid $1 804,394.40 Alternate Bid Deductive Alternate Additive Alternate TOTAL BID $1,804,394.40 7. Bid Submittal This Bid is submitted on tiArL69 ZS ZD Lei by the entity named below: Respectfully submitted, By: C X(Signature) Receipt is acknowledged of the following Addenda: Initial Printed Name: Jamey C. Burchett Addendum No. 1 Title: Vice President - Estimating Addendum No. 2 Addendum No. 3 Company: Chris Harp Construction Addendum No. 4 Address: P.O. Box 640 Nevada, TX 75173 State of Incorporation: TX Email: estimating@chrisharpconstruction.com Phone: 469-344-7686 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS Form Revised April 2, 2014 Hulen Trails Phase 1 City Project #102565 SECROR ao 42 43 D.Vi.p. Awapded Pmj" -PROPOSAL FORM Huk. TpeRs, Phase 1. City P1gen 9t02565 UNIT ►!qCE BID PmJea Item Id'osmaron Blddeh Proposal B4f1Lit DeccNiptioa l _--._ S o U a� Bid Will Psis Bid Value I Ql' N4siru Facptbs 1 07A1.1100 RantlnR P'Nnd 04 SY 5 f10.00 .4$0,00 2 3211A400 aled LLt1e 30IFs18.Y. Kprhxta+J 321129 TON T 6185,00 f32,aasAa 3 3211MO0 a 30 321129 C1N 0 $166.00 W070M i 3211.01011 dd LW O a 30 "J&y. (Modag 321120 TUN -Ta-u S1i a30.00 a 3211.O5a1 M UII1a TE"Od 321312 S 32AO d 32E7.05DI 8' LIm4 Tfadlod gp0ptade{ " II2B 8 1 MOO A0 t ! a r 3201.Owl 6 klmeTreaod N 32I1{Y Sv BIAa 7,Ia730 52N.Or61 a•CaauelaPawman! !S 13 S 22 f33.a0 f754 E73.00 B 320A102 7•I11a Pd 131 10 fl4429 Pfa 32k3 OIOawe 324317 BY 3? 173M0A.400 11 320Y97davralk 31 132a SF IM f4.95 3111.02840 57 ,1213.O�S01. a'Gasc S7dowoA St T a m: im silo ZB 430.75 13 3213A50t R-1 R 3213 za EA 12 S1.750.00 VIACOM 4 0 .owe p ttQ I 16 31.5mda 9.00 is _ !4{l.WOR3 FwnFslvlri n lUuii &WAWl C 344! ER W SO.00 34000.A0 18 3ioll a HnnravNs s and sand Poll 3441 15 EA 1 $106.00 110SID0 17 3 4t. I ral CaAVW 34 1 4--a 1 16.2$0.00 la DR00-0mv InsIN End of Rase Oul W 00 004 5001O 1 M- OWRG am-M End u1 Raw HurkAda CA VK00 .00 G9 ipa 11 Co ftl* Hedw 0000 92 LF tio.00 !S21a.00 21 OM.0012 Colinad0 Pavgwltlnl QGWOU FA7a000 22 M �A013 Svwcur 2-fgal 6Duna ar dCLWaM 00 OO LP -250.UO $1,424.50 3 0000.O014 R1.1 SIRe 410.50 1_I5,00 25 15 St 44ekai aMdo OM0019 4- frpflla 001-5-66 1 64 32Z.00 s MOO 2a 0 1 �o fiomow 51 MWOO Y004 SY 2 i40�U.94 xr 9moold 10, S' awdo 1 000000 I SF 1 12 .762 52h Pavinq flomow 1 i1,aw,alN.ws This old Is aubmiNed by the en* NOW below. Company: Street Addlase: City, M.N. Zip Code: Phone: r- 7 r 17 r WZO Crhe. 'O-b-pim WORK b FINAL AQ:KPFANCK M� 45 wurloleya Jhr lle Isle wYe the C01f►RAf.T f.warpafr bem+p s+ M4 iw rapi'�aI' _- ENOOPNECTION me IM I -Kt wmin .-- - I 1 r.yvawdnc�wYr KI1'rrafr.n n�inrw.aewxi+wlpw nw,wlegp ap)rn Ts c5h n.vaa nOxi55 rnm x...,,.i r..mr xv, ary aa�r O oN noes. 0045 12 DAP PREQUALIF[CATION STATEMENT Page I of t SECTION 00 4512 DAP PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Type" box provide the complete major work a and actual description as provided by the Water Department for water and sewer and TPW for paving_ Contractor/Subcontractor Company Name Prequalification Expiration Date Concrete Construction/Reconstruction Chris Harp Construction 01/01/2021 < 15,000 SY The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Chris Harp Construction BY: P.O. Box 640 Nevada, TX 75173 (Signature) AME/TiTLE Jamey C. Burchett Vice President - Estimating DATE: END OF SECTION CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS City Project #102565 Farm Version September 1, 2015 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102565 . Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. 1911W, " 7To lreJk1A Chris Harp Construction Company P.O. Box 640 Address Nevada, TX 75173 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT By: Jamey C. Burchett Signature: 0,G &,Zn-� Title: Vice President - Estimating _ BEFORE ME, the undersigned authority, on this day personally appeared — /-r4rlG7" c 13tJ(K C [,1 GT 1— , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Vt ,:� E- for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z 4T H day of 1 t,Y , 2020. Notary Public in and for the State of Texas it `,�iy,Rrn��,� VERONICA ROBLES END OF SECTION �$ ..�A•.,c�: Notary Public, State of Texas Comm. Expires 11-07-2023 .,r,,,,,• Notary ID 13224401-8 CITY OF FORT WORTH Hulen Trails Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project # 102565 Revised April 2, 2014 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on Developer, Bloomfield Homes, LP , authorized to Contractor, Chris Harp Construction , Texas, acting by and through its duly authorized representative. 005243- 1 Developer Awarded Project Agreement Page I of 4 _ is made by and between the do business in Texas and authorized to do business in Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Water, Sanitary Sewer, Paving, Street Lights and Drainare Improvements for Hulen Trails Phase 1 CUE Pro'ect #102565 FID #30114-0200431-102565-E07685 W-2692 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 45 working days after the date when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer Two Hundred & Fifty Dollars ($250.00) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Hulen Trails Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DAP City Project # 102565 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 4 Article 4. CONTRACT PRICE Developer agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount in current funds of One Million Eight Hundred Four Thousand Three Hundred Ninety Four & 00140 Dollars($1,804,394.40) Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DAP City Project # 102565 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 4 Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and he effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or !Craven that all or some of the damages being sought were caused, in whole or in Hart, by any act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the Developer. 7.3 Successors and Assigns. Developer and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon DEVELOPER and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Hulen Trails Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DAP City Project 4102565 Revised June 16, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 4 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: Chris Harp Construction Developer: Bloomfield Homes, LP By: G B (Signature) Si na re Jamey C. Burchett Donald J. Dykstra, President Bloomfield Properties, Inc. General Partner Printed Name Printed Name Title: Vice President = Estimating Title: President Company Name: Chris Harp Construction Company Name: Bloomfield Homes, LP Address: P.O. Box 640 Nevada, TX 75173 Address: 1050 E. Hwy 114, Suite 210 Southlake, TX 76092 Date: - Z 4 ZD w Date: L rz CITY OF FORT WORTH Hulen Trails Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DAP City Project t! 102565 Revised June 16, 2016 NATIONAL AMERICAN INSURANCE COMPANY GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT SUMMARY OF COVERAGES The following is a summary of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all terms, limitations, exclusions and conditions of the policy, except and to the extent specifically stated in this endorsement. No coverage is provided by this summary. COVERAGE DESCRIPTION Coverage Extensions Extended Property Damage Expanded Fire Legal Liability to Include Explosion, Lightning and Sprinkler Leakage Coverage For Non-Owned Watercraft Extended to 51 Feet in Length Newly Formed or Acquired Organizations-Extend The Reporting Requirement to 180 Days Knowledge of Occurrence-Knowledge of an "occurrence", claim, or "suit" by your agent, servant, or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant, or employee Primary And Noncontributory-Other Insurance Condition Waiver of Subrogation-Automatic Status When Required In A Written Contract Additional Coverages Limit of Insurance Coverage D -Voluntary Property Damage Coverage $5,000 Occurrence $10,000 Aggregate Coverage E-Care, Custody or Control Property $10,000 Occurrence Damage Coverage $25,000 Aggregate Coverage F -Product Recall Expense $10,000 Each Recall $25,000 Aggregate $1,000 Deductible Coverage G -Water Damage Legal Liability $25,000 Aggregate Coverage H -Contamination or Pollution Coverage $100,000 Aggregate (Sudden And Accidental) Increase in Supplementary Payments Bail Bonds -$1,000 Loss of Earnings -$500 Additional Insured Coverages on a Primary and Non-Contributory Basis: • Additional Insured -Owners, Lessees or Contractors -Automatic Status When Required In Construction Agreement With You • Additional Insured -Lessor of Leased Equipment-Automatic Status When Required In Lease Agreement With You • Additional Insured -Managers or Lessor of Premises-Automatic Status When Required In A Written Contract • Additional Insured -Engineers, Architects or Surveyors Not Engaged by the Named Insured Aggregate Limits of Insurance Automatically Included-Per Location Automatically Included-Per Project NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. PAGE 2 2 2 7 11 11 11 2 3 3 5 5 7 8 8 9 9 10 10 Page 1 of 11 Policy Number: MP19000142 POLICY NUMBER: MP19000142 COMMERCIAL GENERAL LIABILITY NA CG 20A-MO 03 19 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I -COVERAGES A.The following changes are made under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability: 1.Exclusion a. is replaced by the following: a.Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2.Expanded Fire Le gal Liability The last paragraph under 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning.or sm oke resulting from su ch fire, explosion, or lightning, or sp rinkler leakage to premises while rented to you or temporarily occupied by you with permissi on of the owner. A se parate limit of insurance applies to this coverage as described in Section Ill -Limits of Insurance. 3.Non-Owned Watercraft Exclusion g. (2) (a) is replaced by the following: g.Aircraft, Auto Or Watercraft (2)A watercraft you do not own that is: (a)Less than 51 feet long; and B.The following additional coverages are added to Section I -Coverages. Each of these additional coverages is su bject to Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability and all other terms, limitations, conditions, exclusions and all other provisions of the policy except and to the extent otherwise sp ecifically st ated in this endorsement. COVERAGE D -VOLUNTARY PROPERTY DAMAGE COVERAGE 1.Insuring Agreement a.At your request, and whether or not you are legally obligated to pay, we will pay for "property damage" to property of others you cause while the property is in your possession or if the "property damage" arises out of "your work". b.Subject to Paragraph 5. of SECTION Ill -LIMIT S OF INSURANCE, a $5,000 occurrence limit and a $10,000 aggregate limit is the most we will pay under Coverage D for damages because of "property damage". The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. NA CG 20A-M O 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 2 of 11 c. Our duty to pay ends when we have paid the applicable Limit of Insurance in the payment of judgments or settlements under Coverage D. 2. Exclusions a. For purposes of Coverage D. only, Exclusionj. under Paragraph 2. Exclusions of Section I - Coverage A -Bodily Injury And Property Damage Liability, is replaced by the following: j. Damage To Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own. rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. COVERAGE E -CARE, CUSTODY OR CONTROL PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. We will pay for "property damage" in the care, custody or control of the insured subject to the following provisions, limitations and conditions: (1) Exclusion j.(4) under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, does not apply to Coverage E. (2) Subject to 5. of SECTION 111-LIMITS OF INSURANCE, a 10,000 occurrence limit and a $25,000 aggregate limit is the most we will pay under Coverage E. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. (3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage E., regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". COVERAGE F -PRODUCT RECALL EXPENSE 1. Insuring Agreement a. Notwithstanding Exclusion n. under Paragraph 2., Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, and subject to the limits shown in the Summary of Coverages, we will pay the "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. b. We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. c. This coverage is subject to a $10,000 each product recall limit and a $25,000 aggregate limit. The most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the policy period shall not be greater than $25,000. d. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage F. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "prduct recall". NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance SeNices Office, Inc ., with its Permission. Page 3 of 11 b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product" c. The withdrawal of similar products or batches hat are not defective, when a defect in another product or batch has been found. d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. "Bodily injury" or "property damage" g. Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied . h. Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. i. Legal fees or expenses. j. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. I. Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 3. Conditions The following conditions are added toCoverage F. a. Duties In Event of Product Recall In the event of a "product recall", you must: (1) See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". (2) Take all reasonable steps to minimize "product recall expense". This will not increase the Limits of Insurance. (3) If requested, permit us to question any insured under oath at such times as may be reasonably required about any matter relating to this insurance orthe insured's claim, including your books and records. Your answers must be signed. (4) Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. (5) Cooperate with us in the investigation or settlement of any claim. (6) Assist us upon our request , in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies . 4. Definitions The following definitions are added: a. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage" and (2) Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance SeNices Office, Inc ., with its Permission. Page 4 of 11 (a) An error or omission by an insured in the design, manufacturing , processing, labeling, storage, or transportation of "your product"; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. b. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred for temporary locations used to store recalled products. (6) Expenses incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expense incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing , acquisition and/or distribution . These expenses must be incurred as a result of a "product recall". COVERAGE G -WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement a. Notwithstanding Exclusion j.(1) under Paragraph 2., Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, we will pay for "property damage" to premises that are both rented to and occupied by you if the "property damage" happens during the policy period as the result of an "occurrence" and arises out of the injurious presence of water_ b. Subject to Paragraph 5. of SECTION 111-LIMITS OF INSURANCE, the most we will pay under Coverage G. is $25,000 aggregate per policy period. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. c. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage G. COVERAGE H -CONTAMINATION OR POLLUTION COVERAGE (Sudden And Accidental For Contractors) A. The following provisions are added to Section I -Coverage A -Bodily Injury And Property Damage Liability. 1. LIMITED POLLUTION COVERAGE Exclusion f. under Paragraph 2., Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration , release or escape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand. order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat , detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance SeNices Office, Inc ., with its Permission. Page 5 of 11 (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants." This exclusion does not apply to that portion of any "bodily injury" or "property damage" which is caused by a "pollution incident", subject to the limits of insurance set forth belowin this endorsement, but only if the following conditions are met: (a) The commencement time and date of such "pollution incident" can be identified with certainty , and such "pollution incident" commences at a specific time and date during the policy period; (b) Such "pollution incident" is an accident and unintentional release, discha-ge, emission or escape of "pollutants," is sudden and accidental and is neither expected nor intended by any insured; (c) Such "pollution incident" is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same "pollutants" from essentially the same source within twelve (12) months of a previous discharge, dispersal, release or escape; (d) Such "bodily injury" or "property damage" is not caused or contributed to in any degree by any "pollution incident" that commenced prior to the beginning of the Policy Period shown in the Declarations; (e) Such "pollution incident" is discovered or otherwise becomes known to you within thirty (30) days of its commencement and is reported to us in writing within thirty (30) days after you first obtain knowledge of the "pollution incident". However, no claim will not be denied based upon the insured's failure to provide notice within such specified time, unless the insured's failure to comply with this reporting requirement prejudices our rights; and (f) Such "pollution incident" did not result from or was not contributed to by your failure to comply with any government statute, rule, regulation, or order; 2. LIMITS FOR POLLUTION COVERAGE: The most we will pay for liability becau~ of covered "bodily injury" and "property damage" caused by one or more "pollution incidents" shall not be greater than $100,000 in the aggregate per policy period. For the purpose of mitigating further "bodily injury" or "property damage" caused by a covered "pollution incident,"$ 100,000 may be applied to costs or expenses incurred by any insured for cleaning up, removing or containing a covered "pollution incident" on the particular part of real property upon which the operations of the insured are conducted. This amount shall not be in addition to the limits set forth above, but such amounts shall reduce such applicable limits. When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or pay such damages or defense expense. This coverage does not apply to Coverage B -Personal And Advertising Injury Liability. 3. NON-EXTENSION OF COVERAGE: The only coverage provided under this policy for liability in any way relating to, or caused by, any "pollution incident" is that which is set forth in this endorsement. 4. DEFINITIONS All provisions of the POLICY DEFINITIONS portion of this insurance remain unchanged except as modified by the following: For purposes only of the coverages addressed in this endorsement, the definition of "property damage" is replaced with the following: "Property Damage" means: a. Physical Injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured, destroyed or contaminated but has been evacuated , withdrawn from use or rendered inaccessible because of a "pollution incident." c. Any loss, cost, or expense which you become legally obligated to pay , provided that you receive notice asserting such obligation during the policy period or within 30 days thereafter, and provided NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance SeNices Office, Inc ., with its Permission. Page 6 of 11 further that such "loss," cost or expense arises out of: (1) A request, demand or order that any insured or others test for, monitor, clean-up, remove , contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants;" or (2) A claim or legal proceeding by or on behalf of a governmental authority for payments because of testing for, cleaning up , removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants." "Pollution Incident" means an "occurrence" consisting of any actual emission, discharge, release, or escape of any "pollutant" into or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, provided that such emission, discharge, release or escape results in "environmental damage." The entirety of any such actual emission, discharge, release or escape shall be deemed to be one "pollution incident." "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant , including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste and saline substances. Waste includes materials to be recycled, reconditioned or reclaimed. "Environmental Damage" means any injurious presence actually in or upon land , the atmosphere, any watercourse or body of water, or any building or dwelling, of any "pollutant." SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. SUPPLEMENTARY PAYMENTS-COVERAGES A AND Bis amended as follows: a. To read SUPPLEMENTARY PAYMENTS -ALL COVERAGES b. The following language is added at the end of Paragraph 1. However, we shall have none of the duties set forth above when this insurance applies only for Coverage D., Coverage E., or both, and we have paid the Limit of Liability or the Aggregate Limit for these additional coverages. C. Bail Bonds Paragraph 1.b. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. Loss of Earnings Paragraph 1.d. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle , or any "suit" against an insured we defend: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II -WHO IS AN INSURED A. The following changes are made to SECTION II -WHO IS AN INSURED 1. Extended Reporting Requirements Paragraph 3.a. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period , whichever is earlier; NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance SeNices Office, Inc ., with its Permission. Page 7 of 11 B. The following provisions are added to SECTION II -WHO IS AN INSURED: 4. Additional Insured -Owners, Lessees or Contractors-Automatic Status When Required In Construction or Service Agreement With You Each of the following is an insured: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: (1) Your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or (2) "Your work" specified in the "written contract" but only for "bodily injury", "property damage" or "personal and advertising injury" included in the "products-completed operations hazard"; However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps , sho p drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspectbn, architectural or engineering activities . This exclusion applies even if the claims against any insured all ege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. d. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement you have entered into with the additional insured; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations . 5. Additional Insured -Lessor of Leased Equipment-Automatic Status When Required In Lease Agreement With You Each of the following is an insured: a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) o r organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional in sured on your policy. Such person(s) or organi zation (s) is an insured only NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance SeNices Office, Inc ., with its Permissi o n. Page 8 of 11 with respect to your liability for "bodily injury" , "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations. 6. Additional Insured -Managers or Lessors of Premises Each of the following is an insured: a. Any person(s) or organization(s). but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person(s) or organization(s). However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement. the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill-Limits of Insurance: If coverage provided to the additional insured is required by a contractor agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations . 7. Additional Insured -Engineers, Architects or Surveyors Not Engaged by the Named Insured Each of the following is an insured: a. Any architects, engineers or surveyors who are not engaged by you are insureds. but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc ., with its Permission. Page 9 of 11 (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, arecontractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law ; and (2) Will not be broader than that which you are requi'ed by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: The insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports , surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. SECTION Ill -LIMITS OF INSURANCE A. Paragraphs 2., 3., and 6. of SECTION 111-LIMITS OF INSURANCE are replaced by the following : 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage G. e. Damages under Coverage H. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and Coverage F. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, or smoke resulting from such fire, explosion , or lightning, or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added to SECTION 111-LIMITS OF INSURANCE: 8. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 9. Aggregate Limits of Insurance (Per Project) NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance SeNices Office, Inc., with its Permission. Page 10 of 11 The General Aggregate Limit applies separately to each of your "construction projects" away from premises owned by or rented to you. "Construction Project" means "your work" conducted according to a single plan. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following is added to Paragraph 4. Other Insurance: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. B. Paragraphs 2.a. and b. are replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insued, you must: (1) Immediately record the specifics of the claim of "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee . C. The following is added to Paragraph 2.c.: 2. Duties In The Event Of Occurrence, Offense, Claim or Suit c. You and any other involved insured must: (5) Upon our request , replace or repair the property covered under Coverage D-Voluntary Property Damage at your actual cost, excluding profit or overhead. D. Paragraph 8. is modified by adding the following sentence: 8. Transfer Of Rights Of Recovery Against Others To Us We waive our right to recovery against any person or organization for whom the insured is operating under a written contract when such contract requires a waiver of subrogatior;i and such contract is executed before the "property damage" or "bodily injury" occurs or the "personal and advertising" offense is committed. NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc ., with its Permission. Page 11 of 11 POLICY NUMBER: MP19000142 COMMERCIAL AUTO NA CA 09 0319 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is a summary index of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all limitations and conditions applicable to this Coverage Part, unless specifically deleted, replaced, or modified therein. No coverage is provided by this summary. SUMMARY INDEX DESCRIPTION PAGE NUMBER SECTION 11-COVERED AUTOS LIABILITY COVERAGE Who Is An Insured Broad Form Insured 2 Employee As Insureds 2 Additional Insured Status By Contract, Agreement Or Permit 2 Supplementary Payments Bail Bond Coverage 2 Loss Of Earnings Coverage 2 Pollution Liability-Broadened Coverage For Covered Autos 2 SECTION 111-PHYSICAL DAMAGE COVERAGE Broadened Coverage Towing And Labor 3 Physical Damage Additional Transportation Expense Coverage 4 Temporary Substitute Auto Physical Damage 4 Extra Expense - Theft 4 Rental Reimbursement And Additional Transportation Expense 4 Personal Effects Coverage 5 Personal Property Of Others 5 Locksmith Coverage 5 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio, Visual And Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 6 Glass Repair- Deductible Amendment 6 SECTION IV -BUSINESS AUTO CONDITIONS Broadened Coverage Amended Duties In The Event Of Accident, Claim, Suit Or Loss 6 Waiver Of Subrogation - Automatic Status When Required In A Written Contract 6 Unintentional Failure To Disclose 6 Hired, Leased, Rented Or Borrowed Auto Physical Damage 7 SECTION V - DEFINITIONS Mental Anguish Included in Definition of "Bodily Injury" 7 NA CA 09 0319 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 7 (SECTION II-COVERED AUTOS LIABILITY COVERAGE, WHO IS AN INSURED, SUPPLEMENTARY PAYMENTS, POLLUTION) The following changes are made to SECTION II -COVERED AUTOS LIABILITY COVERAGE: A. The following are added to Paragraph A.1.: 1. Who Is An Insured The following are "insureds": d. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership; (2) That is an "insured" under any other policy; (3) That has exhausted its Limits of Insurance under any other policy; or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. e. Your "employee" while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. f. Any person or organization for whom you are required to add as an additional insured when you and such person or organization have agreed in writing in a contract or agreement, but such written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". Coverage provided by this extension applies only with respect to the extent that the person or organization is liable for the conduct of an "insured" arising out of the ownership , maintenance or use of a covered "auto" under this policy. Coverage provided by this extension will not exceed the Limits of Liability required by the written contract or agreement even if the limits stated in the policy exceed those limits. This coverage shall not increase the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. For any covered "auto" you own, the insurance provided under this extension is primary. B. Paragraphs 2.a.(2) and 2.a.(4) are replaced with the following: 2. Coverage Extensions a. Supplementary Payments (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Pollution Liability-Broadened Coverage For Covered Autos 1. Covered Autos Liability Coverage is changed as follows: a. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. NA CA 09 0319 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 2 of 7 b. With respect to the coverage afforded by Paragraph A.1. above, Exclusion 8.6. Care, Custody Or Control does not apply. 2. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize , or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring , cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset , overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 3. Limits For "Covered Pollution Cost or Expense" The most we will pay for "covered pollution cost or expense" is $100 ,000 in the aggregate per policy period, regardless of the number of "accidents". When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages orto pay such damages or defense expense. (SECTION Ill -PHYSICAL DAMAGE COVERAGE, BROADENED PHYSICAL DAMAGE COVERAGES) The following changes are made to SECTION Ill -PHYSICAL DAMAGE COVERAGE: A. Paragraph A.2 is replaced with the following : A. Coverage 2. Towing And Labor We will pay for towing and labor costs incurred , up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles, we will pay up to $100 per disablement. NA CA 09 0319 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission . Page 3 of 7 b. For all other covered "autos" we will pay up to $500 per disablement. However, the labor must be performed at the place of disablement. B. Paragraph A.4. is replaced with the following: A. Coverage 4. Coverage Extensions a. Transportation Expenses We will pay up to $60 per day, to a maximum of $1,800, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. The following are added to Paragraph 4. Coverage Extensions: 4. Coverage Extensions c. Temporary Substitute Autos d. If Physical Damage Coverage is provided under this Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its: (1) Breakdown; (2) Repair; (3) Servicing; (4) "Loss"; or (5) Destruction. Theft Recovery Expense If you have purchased Comprehensive Coverage on a covered "auto" that is stolen, we will pay the expense of returning that stolen "auto" to you. The limit for this coverage extension is $5,000. e. Rental Reimbursement NA CA 09 0319 We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 7 (b) $75 per day. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (5) If "loss" results from the total theft of a covered "auto" of the private passenger type or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. f. Personal Effects If you have purchased comprehensive coverage on a covered "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "Personal Effects" stolen with the covered "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, "Personal Effects" means tangible property that is worn or carried by an "insured". g. Personal Property Of Others We will pay up to $500 for "loss" to personal property of others in or on your covered "auto". This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductible applies to this coverage. h. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger type "auto". The deductible is waived for these services. i. Vehicle Wrap Coverage Under either Comprehensive or Collision Coverage, we will pay up to $1 ,000 for vinyl vehicle wraps which are displayed on a covered "auto" at the time of a total "loss". Regardless of the number of "autos" deemed a total "loss", the most we will pay under this coverage for any one "loss" is $5,000. For purposes of this coverage, signs or other graphics painted or magnetically affixed to the covered "auto" are not considered vehicle wraps. D. Paragraph 8.3. is replaced with the following: B. Exclusions 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing , mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". This exclusion also does not apply to the mechanical breakdown relating to the accidental discharge of an air bag. This exception applies only if you have purchased comprehensive or collision coverage on the covered "auto" you own and coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. E. Paragraph C.1.b. is replaced with the following: C. Limits Of Insurance NA CA 09 0319 1. The most we will pay for: b. All electronic equipment that reproduces , receives or transmits audio, visual or data signals in any one "loss" is $5,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing , opening or other location that is not normally used by the "auto" manufacturer for the installation of su ch equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission . Page 5 of 7 (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above . F. The following is added to Paragraph C. Limits of Insurance: C. Limits Of Insurance 4. In the event of a total "loss" to a covered "auto" shown in the Declarations, which is subject to a loan or lease at the time of the "loss", we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use , abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance , Health , Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. G. The following is added to Paragraph D. Deductible D. Deductible Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. (SECTION IV -BUSINESS AUTO CONDITIONS, BROADENED COVERAGE) The following changes are made to SECTION IV -BUSINESS AUTO CONDITIONS: A. The following is added to Paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss 2. Duties In The Event Of Accident, Claim, Suit Or Loss d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation: (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization. B. The following is added to Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us 5. Transfer Of Rights Of Recovery Against Others To Us However, we waive any rights of recovery we may have under the policy against any person or organization for whom the insured is working or operating under a written contract when such contract requires a waiver of subrogation . This provision does not apply unless the written contract has been executed prior to the "bodily injury" or "property damage". C. The following is added to Paragraph 8.2. Concealment, Misrepresentation Or Fraud: B. General Conditions 2. Concealment, Misrepresentation Or Fraud However, your unintentional error in disclosing, or failing to disclos e, any material fact existing at the effective date of this Coverage Form , or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. NA CA 09 0319 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission . Page 6 of 7 D. Paragraph 5.b. of B. General Conditions is replaced with the following: B. General Conditions 5. Other Insurance b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission , while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". The most we will pay for any one "loss" is the lesser of the following: (1) $75,000 per accident; or (2) Actual cash value at the time of loss; or (3) Cost of repair. Less the deductible shown in Item Four of the Declarations. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". The deductible does not apply to "loss" caused by fire or lightning. This coverage is excess over any other collectible insurance . (SECTION V -DEFINITIONS, MENTAL ANGUISH) A. Paragraph C. under SECTION V -DEFINITIONS is replaced with the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from such bodily injury, sickness, or disease. NA CA 09 0319 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 7 of 7 February 1, 2020 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 42 03 04 B (Ed. 6-14) This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page . We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1 . Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2 . Operations: All TX Operations 3. Premium : The premium charge for this endorsement shall be~ percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . Carrier: Bridgefield Casualty Insurance Company Effective Date of Endorsement: Policy Number: 196-45263 Insured : Chris Harp Construction LLC WC 42 03 04 B (Ed . 6-14) Countersigned by·~ --::::=:, ~-----5 "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 2014 NCCI" Policy Number: MP19000142 NATIONAL AMERICAN INSURANCE COMPANY GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT SUMMARY OF COVERAGES The following is a summary of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all terms, limitations, exclusions and conditions of the policy, except and to the extent specifica I ly stated in this endorsement. No coverage is provided by this summary. COVERAGE DESCRIPTION PAGE Coverage Extensions Extended Property Damage 2 Expanded Fire Legal Liability to Include Explosion, Lightning and Sprinkler Leakage 2 Coverage For Non -Owned Watercraft Extended to 51 Feet in Length 2 Newly Formed or Acquired Organizations- Extend The Reporting Requirement to 180 Days 7 Knowledge of Occurrence - Knowledge of an 'occurrence", claim, or "suit" by your agent, servant, or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the 11 Named Insured has received such notice from the agent, servant, or employee Primwy And Noncontributory- Other Insurance Condition 11 Waiver ofSubro ation- Automatic Status When Required In A Written Contract 11 Additional Coverages Limit of Insurance Coverage D - Voluntary Property Damage Coverage $.5,000 Occurrence 2 $10,000 Aggregate Coverage E- Care, Custody or Control Property $10,000 Occurrence Damage Coverage $25,000 Aggregate 3 Coverage F - Product Recall Expense $10,000 Each Recall $25,000 Aggregate 3 $1,000 Deductible Coverage G - Water Damage Legal Liability $25,000 Aggregate 5 Coverage H - Contamination or Pollution Coverage $100,000 Aggregate 5 (Sudden And Accidental) Increase in Supplementary Payments 7 Bail Bonds - $1,000 Loss of Earnings - $500 Additional Insured Coverages on a Primary and Non -Contributory Basis: • Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required In 8 Construction Agreement With You • Additional Insured - Lessor of Leased Equipment- Automatic Status When Required In 8 Lease Agreement With You • Additional Insured - Managers or Lessor of Premises- Automatic Status When Required In 9 A Written Contract • Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured 9 Aggregate Limits of Insurance Automatically Included- Per Location 10 Automatically Included- Per Project 10 NA CG 20A-MO 03 19 Includes Copyrighted Materialof Insurance Services Office, Inc., Page 1 of 11 with its Permission. POLICY NUMBER: MP19000142 COMMERCIAL GENERAL LIABILITY NA CG 20A-MO 03 19 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made under Paragraph 2. Exclusions of Section I - Coverage A -Bodily Injury And Property Damage Liability: 1. Exclusion a. is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability The last paragraph under 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning,or smoke resulting from such fire, explosion, or lightning,or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner_ A separate limit of insurance applies to this coverage as described in Section III -Limits of Insurance. 3. Non -Owned Watercraft Exclusion g. (2) (a) is replaced by the following: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) Less than 51 feet long; and B. The following additional coverages are added to Section I - Coverages. Each of these additional coverages is subject to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability and all other terms, limitations, conditions, exclusions and all other provisions of the policy except and to the extent otherwise specifically stated in this endorsement. COVERAGE D - VOLUNTARY PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. At your request, and whether or not you are legally obligated to pay, wewill pay for "property damage" to property of others you cause while the property is in your possession or if the "property damage" arises out of 'your work". b. Subject to Paragraph 5. of SECTION I11- LIMITS OF INSURANCE, a $5,000 occurrence limit and a $10,000 aggregate limit is the most we will pay under Coverage D for damages because of "property damage". The aggregate limit is the maximum amount we will pay for all covered 'occurrences" during the policy period. NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., Page 2 of 11 with its Permission. c. Our duty to pay ends when we have paid the applicable Limit of Insurance in the payment of judgments or settlements under Coverage D_ 2. Exclusions a. For purposes of Coverage D. only, Exclusion j. under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, is replaced by the following: j. Damage To Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. COVERAGE E - CARE, CUSTODY OR CONTROL PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. We will pay for "property damage" in the care, custody or control of the insured subject to the following provisions, limitations and conditions: (1) Exclusion j.(4) under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, does not apply to Coverage E. (2) Subject to 5. of SECTION III - LIMITS OF INSURANCE, a 10,000 occurrence limit and a $25,000 aggregate limit is the most we will pay under Coverage E. The aggregate limit is the maximum amount we will pay for all covered 'occurrences" during the policy period. (3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage E., regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". COVERAGE F - PRODUCT RECALL EXPENSE 1. Insuring Agreement a. Notwithstanding Exclusion n. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, and subject to the limits shown in the Summary of Coverages, we will pay the "product recall expense" you incur as a result of a "product recall' you initiate during the coverage period. b. We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. c. This coverage is subject to a $10,000 each product recall limit and a $25,000 aggregate limit. The most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the policy period shall not be greater than $25,000. d. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage F. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "prduct recall". NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., Page 3 of 11 with its Permission b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product" c. The withdrawal of similar products or batches hat are not defective, when a defect in another product or batch has been found. d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. "Bodily injury" or "property damage" g. Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. h. Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. i. Legal fees or expenses. j. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. I. Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 3. Conditions The following conditions are added to Coverage F. a. Duties In Event of Product Recall In the event of a "product recall", you must: (1) See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense"_ (2) Take all reasonable steps to minimize "product recall expense"_ This will not increase the Limits of Insurance. (3) If requested, permit us to question any insured under oath at such times as may be reasonably required about any matter relating to this insurance orthe insured's claim, including your books and records, Your answers must be signed. (4) Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. (5) Cooperate with us in the investigation or settlement of any claim. (6) Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 4. Definitions The following definitions are added: a. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage" and (2) Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, torepair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc , Page 4 of 11 with its Permission. (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product' by someone other than you. b. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred for temporary locations used to store recalled products- (6) Expenses incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expense incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall'. COVERAGE G -WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement a. Notwithstanding Exclusion j.(1) under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, we will pay for"property damage" to premises that are both rented to and occupied by you if the "property damage" happens during the policy period as the result of an "occurrence" and arises out of the injurious presence of water_ b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, the most we will pay under Coverage G. is $25,000 aggregate per policy period. The aggregate limit is the maximum amount we will pay for all covered 'occurrences" during the policy period. c. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage G. COVERAGE H - CONTAMINATION OR POLLUTION COVERAGE (Sudden And Accidental For Contractors) A. The following provisions are added to Section I - Coverage A - Bodily Injury And Property Damage Liability. 1. LIMITED POLLUTION COVERAGE Exclusion f. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., Page 5 of 11 with its Permission. (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants." This exclusion does not apply to that portion of any "bodily injury" or "property damage" which is caused by a "pollution incident", subject to the limits of insurance set forth belowin this endorsement, but only if the following conditions are met: (a) The commencement time and date of such "pollution incident" can be identified with certainty, and such "pollution incident" commences at a specific time and date during the policy period; (b) Such "pollution incident" is an accident and unintentional release, discharge, emission or escape of "pollutants," is sudden and accidental and is neither expected nor intended by any insured; (c) Such "pollution incident" is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same "pollutants" from essentially the same source within twelve (12) months of a previous discharge, dispersal, release or escape; (d) Such "bodily injury" or "property damage" is not caused or contributed to in any degree by any "pollution incident" that commenced prior to the beginning of the Policy Period shown in the Declarations; (e) Such "pollution incident" is discovered or otherwise becomes known to you within thirty (30) days of its commencement and is reported to us in writing within thirty (30) days after you first obtain knowledge of the "pollution incident". However, no claim will not be denied based upon the insured's failure to provide notice within such specified time, unless the insured's failure to comply with this reporting requirement prejudices our rights; and (f) Such "pollution incident" did not result from or was not contributed to by your failure to comply with any government statute, rule, regulation, or order; 2. LIMITS FOR POLLUTION COVERAGE: The most we will pay for liability because of covered "bodily injury" and "property damage" caused by one or more "pollution incidents" shall not be greater than $100,000 in the aggregate per policy period. For the purpose of mitigating further "bodily injury" or "property damage" caused by a covered "pollution incident," $ 100.000 may be applied to costs or expenses incurred by any insured for cleaning up, removing or containing a covered "pollution incident" on the particular part of real property upon which the operations of the insured are conducted. This amount shall not be in addition to the limits set forth above, but such amounts shall reduce such applicable limits. When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or pay such damages or defense expense. This coverage does not apply to Coverage B - Personal And Advertising Injury Liability 3. NON -EXTENSION OF COVERAGE: The only coverage provided under this policy for liability in any way relating to, or caused by, any "pollution incident" is that which is set forth in this endorsement. 4. DEFINITIONS All provisions of the POLICY DEFINITIONS portion of this insurance remain unchanged except as modified by the following: For purposes only of the coverages addressed in this endorsement, the definition of "property damage" is replaced with the following: "Property Damage" means: a. Physical Injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured, destroyed or contaminated but has been evacuated, withdrawn from use or rendered inaccessible because of a "pollution incident." c. Any loss, cost, or expense which you become legally obligated to pay, provided that you receive notice asserting such obligation during the policy period or within 30 days thereafter, and provided NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., Page 6 of 11 with its Permission. further that such "loss," cost or expense arises out of: (1) A request, demand or order that any insured or others test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants;" or (2) A claim or legal proceeding by or on behalf of a governmental authority for payments because of testing for, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants." "Pollution Incident" means an 'occurrence" consisting of any actual emission, discharge, release, or escape of any "pollutant' into or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, provided that such emission, discharge, release or escape results in "environmental damage." The entirety of any such actual emission, discharge, release or escape shall be deemed to be one "pollution incident." "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste and saline substances. Waste includes materials to be recycled, reconditioned or reclaimed. "Environmental Damage" means any injurious presence actually in or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, of any "pollutant." SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: a. To read SUPPLEMENTARY PAYMENTS - ALL COVERAGES b. The following language is added at the end of Paragraph 1. However, we shall have none of the duties set forth above when this insurance applies only for Coverage D., Coverage E., or both, and we have paid the Limit of Liability or the Aggregate Limit for these additional coverages. c. Bail Bonds Paragraph 1.b. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. Loss of Earnings Paragraph 1.d. is replaced by the following.- 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. SECTION II - WHO IS AN INSURED A. The following changes are made to SECTION II -WHO IS AN INSURED 1. Extended Reporting Requirements Paragraph 3.a. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., Page 7 of 11 with its Permission. B. The following provisions are added to SECTION II - WHO IS AN INSURED: 4. Additional Insured -Owners, Lessees or Contractors- Automatic Status When Required In Construction or Service Agreement With You Each of the following is an insured: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: (1) Your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or (2) "Your work" specified in the "written contract" but only for "bodily injury", "property damage" or "personal and advertising injury" included in the "products -completed operations hazard"; However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. d. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement you have entered into with the additional insured; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations. 5. Additional Insured- Lessor of Leased Equipment- Automatic Status When Required In Lease Agreement With You Each of the following is an insured: a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc , Page 8 of 11 with its Permission with respect to your liability for "bodily injury" , "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations. 6. Additional Insured - Managers or Lessors of Premises Each of the following is an insured: a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person(s) or organization(s). However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreementto provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits of Insurance: If coverage provided to the additional insured is required by a contractor agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations. 7. Additional Insured -Engineers, Architects or Surveyors Not Engaged by the Named Insured Each of the following is an insured: a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc , Page 9 of 11 with its Permission. (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, arecontractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are requted by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: The insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. SECTION III - LIMITS OF INSURANCE A. Paragraphs 2., 3., and 6. of SECTION III - LIMITS OF INSURANCE are replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses underCoverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage G. e. Damages under Coverage H. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage F. 6. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added to SECTION III -LIMITS OF INSURANCE: 8. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 9. Aggregate Limits of Insurance (Per Project) NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc , Page 10 of 11 with its Permission The General Aggregate Limit applies separately to each of your "construction projects" away from premises owned by or rented to you. "Construction Project" means "your work" conducted according to a single plan. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following is added to Paragraph 4. Other Insurance: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. B. Paragraphs 2.a. and b. are replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim. Knowledge of an 'occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, when and where the 'occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the '.occurrence" or offense. b. If a claim is made or "suit' is brought against any insued, you must: (1) Immediately record the specifics of the claim of "suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit' as soon as practicable. Knowledge of a claim or "suit' by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee- C. The following is added to Paragraph 2.c.: 2. Duties In The Event Of Occurrence, Offense, Claim or Suit c. You and any other involved insured must: (5) Upon our request, replace or repair the property covered under Coverage D-Voluntary Property Damage at your actual cost, excluding profit or overhead. D. Paragraph 8. is modified by adding the following sentence: 8. Transfer Of Rights Of Recovery Against Others To Us We waive our right to recovery against any person or organization for whom the insured is operating under a written contract when such contract requires a waiver of subrogation and such contract is executed before the "property damage" or "bodily injury" occurs or the "personal and advertising" offense is committed. NA CG 20A-MO 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., Page 11 of 11 with its Permission. POLICY NUMBER: MP19000142 COMMERCIAL AUTO NA CA 09 03 19 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is a summary index of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all limitations and conditions applicable to this Coverage Part, unless specifically deleted, replaced, or modified therein. No coverage is provided by this summary. SUMMARY INDEX DESCRIPTION PAGE NUMBER SECTION II - COVERED AUTOS LIABILITY COVERAGE Who Is An Insured Broad Form Insured 2 Employee As Insureds 2 Additional Insured Status By Contract, Agreement Or Permit 2 Supplementary Payments Bail Bond Coverage Loss Of Earnings Coverage 2 2 Pollution Liability- Broadened Coverage For Covered Autos 2 SECTION III - PHYSICAL DAMAGE COVERAGE Broadened Coverage Towing And Labor 3 Physical Damage Additional Transportation Expense Coverage 4 Temporary Substitute Auto Physical Damage 4 Extra Expense -Theft 4 Rental Reimbursement And Additional Transportation Ex ense 4 Personal Effects Coverage 5 Personal Property Of Others 5 Locksmith Coverage 5 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio, Visual And Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 6 Glass Repair- Deductible Amendment 6 SECTION IV - BUSINESS AUTO CONDITIONS Broadened Coverage Amended Duties In The Event Of Accident, Claim, Suit Or Loss 6 Waiver Of Subrogation - Automatic Status When Required In A Written Contract 6 Unintentional Failure To Disclose 6 Hired, Leased, Rented Or Borrowed Auto Physical Damage 7 SECTION V - DEFINITIONS Mental Anguish Included in Definition of "Bodily Injury" 7 NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 7 (SECTION ll- COVERED AUTOS LIABILITY COVERAGE, WHO IS AN INSURED, SUPPLEMENTARY PAYMENTS, POLLUTION) The following changes are made to SECTION II - COVERED AUTOS LIABILITY COVERAGE: A. The following are added to Paragraph A.1.: 1. Who Is An Insured The following are "insureds": d. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership; (2) That is an "insured" under any other policy; (3) That has exhausted its Limits of Insurance under any other policy; or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. e. Your "employee" while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. f. Any person or organization for whom you are required to add as an additional insured when you and such person or organization have agreed in writing in a contract or agreement, but such written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". Coverage provided by this extension applies only with respect to the extent that the person or organization is liable for the conduct of an "insured" arising out of the ownership, maintenance or use of a covered "auto" under this policy. Coverage provided by this extension will not exceed the Limits of Liability required by the written contract or agreement even if the limits stated in the policy exceed those limits. This coverage shall not increase the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. For any covered "auto" you own, the insurance provided under this extension is primary. B. Paragraphs 2.a.(2) and 2.a.(4) are replaced with the following 2. Coverage Extensions a. Supplementary Payments (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Pollution Liability- Broadened Coverage For Covered Autos 1. Covered Autos Liability Coverage is changed as follows: a. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 2 of 7 b. With respect to the coverage afforded by Paragraph A.I. above, Exclusion B.6. Care, Custody Or Control does not apply. 2. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 3. Limits For "Covered Pollution Cost or Expense" The most we will pay for "covered pollution cost or expense" is $100,000 in the aggregate per policy period, regardless of the number of "accidents". When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages orto pay such damages or defense expense. (SECTION III- PHYSICAL DAMAGE COVERAGE, BROADENED PHYSICAL DAMAGE COVERAGES) The following changes are made toSECTION III - PHYSICAL DAMAGE COVERAGE: A. Paragraph A.2 is replaced with the following: A. Coverage 2. Towing And Labor We will pay for towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles, we will pay up to $100 per disablement. NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc, with its Permission Page 3 of 7 b. For all other covered "autos" we will pay up to $500 per disablement. However, the labor must be performed at the place of disablement. B. Paragraph A.4. is replaced with the following: A. Coverage 4. Coverage Extensions a: Transportation Expenses We will pay up to $60 per day, to a maximum of $1,800, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. The following are added to Paragraph 4. Coverage Extensions: 4. Coverage Extensions c. Temporary Substitute Autos If Physical Damage Coverage is provided under this Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its: (1) Breakdown; (2) Repair; (3) Servicing; (4) "Loss"; or (5) Destruction_ d. Theft Recovery Expense If you have purchased Comprehensive Coverage on a covered "auto" that is stolen, we will pay the expense of returning that stolen "auto" to you. The limit for this coverage extension is $5,000. e. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc , with its Permission page 4 of 7 (b) $75 per day. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (5) If "loss" results from the total theft of a covered "auto" of the private passenger type or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. f. Personal Effects If you have purchased comprehensive coverage on a covered "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "Personal Effects" stolen with the covered "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, "Personal Effects" means tangible property that is worn or carried by an "insured". g. Personal Property Of Others We will pay up to $500 for "loss" to personal property of others in or on your covered "auto". This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductible applies to this coverage. h. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger type "auto". The deductible is waived for these services. i. Vehicle Wrap Coverage Under either Comprehensive or Collision Coverage, we will pay up to $1,000 for vinyl vehicle wraps which are displayed on a covered "auto" at the time of a total "loss". Regardless of the number of "autos" deemed a total "loss", the most we will pay under this coverage for any one "loss" is $5,000. For purposes of this coverage, signs or other graphics painted or magnetically affixed to the covered "auto" are not considered vehicle wraps. D. Paragraph B.3. is replaced with the following: B. Exclusions 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires_ This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". This exclusion also does not apply to the mechanical breakdown relating to the accidental discharge of an air bag. This exception applies only if you have purchased comprehensive or collision coverage on the covered "auto" you own and coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. E. Paragraph C.1.b. is replaced with the following: C. Limits Of Insurance 1. The most we will pay for: b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $5,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above -,or NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 7 (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. F. The following is added to Paragraph C. Limits of Insurance: C. Limits Of Insurance 4. In the event of a total "loss" to a covered "auto" shown in the Declarations, which is subject to a loan or lease at the time of the "loss", we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. G. The following is added to Paragraph D. Deductible D. Deductible Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. (SECTION IV - BUSINESS AUTO CONDITIONS, BROADENED COVERAGE) The following changes are made to SECTION IV - BUSINESS AUTO CONDITIONS: A. The following is added to Paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss 2. Duties In The Event Of Accident, Claim, Suit Or Loss d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident', "claim", "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization. B. The following is added to Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us 5. Transfer Of Rights Of Recovery Against Others To Us However, we waive any rights of recovery we may have under the policy against any person or organization for whom the insured is working or operating under a written contract when such contract requires a waiver of subrogation. This provision does not apply unless the written contract has been executed prior to the "bodily injury" or "property damage". C. The following is added to Paragraph B.2. Concealment, Misrepresentation Or Fraud: B. General Conditions 2. Concealment, Misrepresentation Or Fraud However, your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission Page 6 of 7 D. Paragraph 5.b. of B. General Conditionsis replaced with the following: B. General Conditions 5. Other Insurance b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". The most we will pay for any one "loss" is the lesser of the following: (1) $75,000 per accident; or (2) Actual cash value at the time of loss; or (3) Cost of repair. Less the deductible shown in Item Four of the Declarations. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". The deductible does not apply to "loss" caused by fire or lightning. This coverage is excess over any other collectible insurance. (SECTION V- DEFINITIONS, MENTAL ANGUISH) A. Paragraph C. under SECTION V - DEFINITIONS is replaced with the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from such bodily injury, sickness, or disease. NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc , with its Permission. page 7 of 7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All TX Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Carrier: Bridgefield Casualty Insurance Company Effective Date of Endorsement: February 1, 2020 Policy Number: 196-45263 Countersigned by: Insured: Chris Harp Construction LLC WC 42 03 04 B (Ed. 6-14) "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 2014 NCCI" IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-243.0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P 0 Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800.252-3439 6. You may write to the Texas Department of Insurance, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: CansumerProtection tdi.texas. ov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. BD5430 (06-15) AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P 0 Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: Con stlmerProtection(a)tdi.texas- ov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 0062 13- 1 PERFORMANCE BOND Page I of 3 SECTION 00 62 13 PERFORMANCE BOND #100678R THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Chris Harp Construction , known as "Principal" herein and, Westfield Insurance Company a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Bloomfield Homes, LP_, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, One Million Eight Hundred Four Thousand Three Hundred Ninety Four & 00/40 Dollars ($1,804,394.40) , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 20-0075 ;and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the day,of 2020, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Water, Sanitary Sewer, Paying, Street Lights and Drainage Itn rovements for Hulen Trails Phase 1. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the Developer and/or City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Hulen Trails Phase I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project #102565 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division, This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS'WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 2020. ATTEST: (Principal) Secretary PRINCIPAL: Chris Harp Construction, LLC Signature Jamey Burchett, Vice President- Estimating Name and Title Address: PO Box 640 Nevada, TX 75173 SURETY: Westfield Insurance Company BY: r Signature Jay_Jo_rdan, Attorney -in -Fact Name and Title CITY OF FORT WORTH Hulen Trails Phase I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project #102565 Revised January 31, 2012 (Wuv_� Witness as to �Srety A'hloy Roberts, non4 A"auns Manager 0062 13 - 3 PERFORMANCE BOND Page 3 of 3 Address: 2255 Ridge Road Suite 333 Telephone Number: 972-772-7220 *Note: if signed by -an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Hulen Trails Phase I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project #102565 Revised January 3 I, 2012 0062 14- 1 PAYMENTBOND Page I of 2 SECTION 00 62 14 PAYMENT BOND #100678R THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Chris Hari) Construction known as "Principal" herein, and.. Westfield Insurance Company a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Bloomfield Homes, „LP ,, authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of One Million Eieht Hundred Four Thousand Three Hundred Ninety Four & 00/40 Dollars ($1,804,394.40) , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, CFA Number 20-0075 ; and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the day of , 2020, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Water, Sanitary Sewer, Paving, Street Lights and Drainage Improvements for Hulen Trails Phase 1. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. CITY OF FORT WORTH Hulen Trails Phase I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project #102565 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 2020. PRINCIPAL: ChrisHarp Construction, LLC ATTEST: BY: G Si ature ATTEST: (Surety) Secretary 0q". Witness as to 94ety Ashluy xa6arts. IIond.lccopra Manager lamey Burchett, Vice President -Estimating Name and Title Address: PO Box 640 Nevada. TX 75173 SURETY: Westfield Insurance Company BY: S'sgn r = a` Name and Title p Address: 2255 Ridge Road Suite 333 Rockwall Tx 75087 Telephone Number: 972-772-7220 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project # 102565 Revised January 31, 2012 SECTION 00 62 19 MAINTENANCE BOND #10067811 THE STATE OF TEXAS § COUNTY OF TARRANT § 0062 19 - 1 MAINTENANCE BOND Page 1 of 3 KNOW ALL BY THESE PRESENTS: That we, Chris Harp Construction known as "Principal" herein and , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Bloomfield Homes, LP , authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of One Million Eight Hundred Four Thousand Three Hundred Ninety Four & 00/40 Dollars SI 804 394.40 , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 20-0075 ; and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the day of , 2020, which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as Water, Sanitary Sewer, Paving, Street Lights and Drainage Improvements for Hulen Trails Phase 1, and; WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH Hulen Trails Phase I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project 4102565 Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or'reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. - NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH Hulen Trails Phase I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project #102565 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of _ 2020, PRINCIPAL: Chris Harp Construction LLC BY: Signa e ATTEST; Jamey Burchett, Vice President -Estimating (Principal) Secretary Name and Title Address: PO Box 640 f Nevada. TX 75173 Witness as to incip SURETY: Westfield Insurance -Company BY: ... Sig r f Jay Jordan Attonre -in-Fact = - ATTEST: Name and Title Address: 2255 Ridge Road Suite 333 (Surety) Secretary Rockwall. Tx 25087 W tiEss as to rety Asldey rGcm, acnd Aeoouni Manager Telephone Number: 972-772-7220 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project N 102565 Revised January 31, 2012 POWER NO. 4220012 14 General Westfield Insurance Co. Power of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and,. FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually, as a "Company" and collectively as "Companies," duly organized and existing under the laws of (he State of Ohio, and having its principal afflce in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint rONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship. . . . . . . . .. . . . .... . ...... . . . . . . . . .. . . . . . . . . . . . . . . . . • . . . .. .. . .. .. LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the ppremises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is herebyvested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf oftheCompany subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds. recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments s❑ executed by any such Attorney -In -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney of any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached:" (Each adopted at a meeting held on February B, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 02nd day of JANUARY A.D.. 2020 . r„...,,,.. Corporate dSUR�t,y"" .• �tn>vAt.� •,, "� WESTFIELD INSURANCE COMPANY Seals r.... ....... c�� : • sG•: art WESTFIELD NATIONAL INSURANCE COMPANY Affixed o, �' [►t -'�4 y + s �� •�ys� OHIO FARMERS INSURANCE COMPANY N Al = ,� SEAL •nn=�-?C11 lip j State of Ohio By: Gary W. tumper, Nafiona Surety Leader and County of Medina ss.: Senior Executive On this 02nd day of JANUARY A.D., 2020 . before me personally came Gary W. Stuniper to me known, who, being by me duly sworn, did depose and say, that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial �•»,,, Seal .•-ptl A_ L_ Affixed State of Ohio rio David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: a My Commission Does Not Expire (Sec. 147,03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHTO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D., ., ,. i i " a,u,•"•,, r r ,,r,,.,,r, .IC3NAf IA. � .. a Ilk WE li r r GJP SEAL ; m'_ ? �r• � " "' ' Secrsrary 8i rQ. 4 �; ' '�o Frank A. Carrino, Secretary c. �r -. BPOAC2 (coMbihedj (06-02) LIGHTING 0041 OD DAP RIO FORM Page 1 of 3 SECTION 00 4100 DAP BID FORM Bloomfield Homes, LP TO: 1050 E. Hwy 114, Suite 210 Southlake, TX 76092 FOR: Water, Sanitary Sewer, Paving, Street Lights and Drainage Improvements for Hulen Trails Phase 1 City Project I 102565 No.: Units/Sections: I FID# 30114-0200431-102565-EO7685 W-2692 I. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract, 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid, 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding, 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. CITY OF FORT WORTH Huien Trails Phase 1 STANDARD CONSTRUCTION Rip FORM —DEVELOPER AWARDED PROJECTS City PrDject #102565 Form Revised April 2, 2014 0041 00 DAP BID FORM Page 2 of 3 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalitication The Bidder acknowledges that the following work types must be performed only by prequaiified contractors and subcontractors: Roadway and Pedestrian Li htin 4. Time of Completion 4. L The Work will be complete for Final Acceptance within 30 working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work (and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Sid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if requires!), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project, Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise deletes CITY OF FORT WORTH Hulen Trails Phase I STAN DARO CONSTRUCT] ON BID FOR —DEVELOPER AWARDED PROJECTS City Project #102565 Form Revised April 2, I014 0041 00 DAP 91D FORM Page 3 of 3 Total Base Bid $170,545.47 Alternate Bid Deductive Alternate Additive Alternate TOTAL BID $170,545.47 7. Bid Submittal This Bid is submitted on 04/15/2020 by the entity named below: Respectfully submitted, By: (Si nature Receipt is acknowledged of the following Addenda: Initial Printed Name: Richard Wolfe Addendum No, 1 Title: President Addendum No. 2 Addendum No. 3 -Company: Independent Utility Construction, Inc. Addendum No. 4 Address: 5109 Sun Valley Drive Ft. Worth, TX 76119 State of Incorporation: TX Email: estirnating@iuctx.com Phone: 817-478-4444 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION 610 FORM - DEVEtOPER AWARDED PROJECTS Form Revised Aprl1 2, 2014 Hulen Trails Phase 1 City Project #102565 3([77pK as 42 +3 GneWptt .ih'yJn Pr J-11-M)R)VALF 4 Haven T.iil, Fhwc I. Cin Noftc tiirj4! [IYIT PRICE. RrD Rnw[ r .— I R.N." N.P,.t H idlisl - 1x:n Yu ISn.nplm �pnnFxarLni1 u7 RxI � •w Prove [lid Vilue Snvnn V. bk.wre Qn�e1�. S&W ughong FDCA t 2fi05. 3011 2- CONOT PVC SCN 40 M 2505 M LF 4571 S9.3G S42.921.09 2 3445.1406 NO InsWIW El.c Cmd 344110 LF 13,113 St.06 574.535.7a 3 3441.19Y3 T 338 Arm 34 4 F 20 EA 3a 110 00 $S 4G0 W 4 I. 3201 LEp Fwrffv R-2 3441 20 34 $258.00 Sa.772.00 5 3441 3201 LED h WR11ft1 Ri . 3441 20 EA 4 3258.00 51,032,00 e 3411.3301 ED"FourKUbnTYt Ir104 $541 ZO FA 38 S1,067,00 54054600 7 3441.3341 nwrl TY 1 t 41 2a 10nrr � Y.prr.u. l.wrw..[ s, 1.09 $59 27a,00 I 5170,WA7� TMs kld w •mm W by Om rry 6 . hw ! Cm0my BY 'Nall Sk.w Add— ax Stw. DO cad. Ph", 1a.. Prvsbe [".Mrw1n •vrr. u«rxleq H'[IYA W FL AL ,MesClar[.'C rxW30 moelE gR[TM. n V'....annc m. ra �..rn u :. •i • w-..w uw. ms.-. rv. iw, • e: rf 1M M�� 0045 12 DAP PREQUALIFICATION STATEN[ENT PWIof1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paving. Contractor/Subcontractor Company Name Prequalification r Expiration Date Roadway and Pedestrian Lighting Independent Utility Construction, Inc. 04/0312021 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Independent Utility Construction, Inc. 5109 Sun Valley Drive BY: rZ lfe Ft. Worth, TX 76119 aturej NAMEITITLE: Richard Wolfe, President DATE: 07_22-2020 END OF SECTION CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION PREQUAL I FICATI a N STATEMENT- DEVELOPER AWARDED PROJECTS City Project #102565 Farm Version September 1, 201S 004526- 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102565 . Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Independent Utility Construction, Inc. By: Richard WIfe Company 5109 Sun Vallgy Drive Signature: Address Fort Worth, TX 76119 Title: President City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Richard Wolfe , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Independent Utility Construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN 14NDER MY HAND AND SEAL OF OFFICE this day of 7z—,,S-V , 2020. +''""'''•• CHRISTINA GAfiCIA ?� ? "'Notary Public. State of Texas ='� 'e Comm. Expires 12-20202Q rWblic and for the tate of Texas y'� OFF+� •►.,, ,,,++` Notary ID 130940785 END OF SECTION CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project #102565 Revised April 2, 2014 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on Developer, Bloomfield Homes LP A authorized to Contractor, Independent Utili Construction Inc. Texas, acting by and through its duly authorized representative. 00 52 43 - 1 Developer Awarded Project Agreement Page I of _ is made by and between the do business in Texas and authorized to do business in Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Water San ita M Sewer Payinz, Street Li hts and Dra in az a Imp rovemenis for Hulen Trails Phase I City Project #I02565 FID #30114-0200431-102565-E07685 W-2692 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 30 working days after the date when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer Two Hundred At Fifty Dollars 250.00 for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Hui en Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DAP City Project 4102565 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 4 Article 4. CONTRACT PRICE Developer agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount in current funds of One Hundred Seventy Thousand Fire Hundred Fortv Five & 00/47 Dollars $170 545.4 Article S. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORN Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions, 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda, S. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH Hulen Trails Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DAP City Project 4102565 Revised Iune 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 4 Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to ❑ erate and be effective even if it is alleged or coven that all or some of the damages being sought were caused in whole or in nart, by any act omission or ne li ence of the city,. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or raven that all or some of the dams es bein sou ht were caused in whole or in part, by any act, omission or neelizence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the Developer. 7.3 Successors and Assigns. Developer and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon DEVELOPER and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Huleu Trails Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DAP City Project tl102565 Revised June I6, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 4 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: Independent Utility Construction, Inc. Developer: Bloomfield Homes, LP By eF6Ow7,o By �---- SI a ure Si nat e Richard Wolfe Donald J. Dykstra, President Bloomfield Properties, Inc. . General Partner Printed Name Printed Name) Title: President Title: President Company Name: Independent Utility Construction, Inc. Company Name: Bloomfield Homes, LP Address: 5109 Sun Valley Drive Ft. Worth, TX 76119 Address: 1050 E. Hwy 114, Suite 210 Southlake, TX 76092 Date: L?�O Z� e0 Date: CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DAP City Project # 102565 Revised June 16, 2016 0062 13 -1 PERFORMANCE BOND Page 1 al 3 Bond No. 098370U SECTION 00 62 13 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Independent Utility Construction, Inc. , known as "Principal" herein and, Westfield Insurance Company a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, _ Bloomfield Homes, LP, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, One Hundred Seventy Thousand Five Hundred Forty Five & 00/47 Dollars ($170,545.47) , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 20-0075 ;and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the day of 2020 which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Water, Sanitary Sewer, Paving, Street Lipthts and Drainage Improvements for Hulen Trails Phase 1. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perfol'm the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents Ihere in referred to, and as well during any period of extension of the Contract that may be granted on the part of the Developer and/or City, theft this obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Htilea Trails Phase I STANDARD CITY CONDITIONS — DEVELOPER A WARDLn PROJECTS City Projw N102565 Revised January 31, 2012 0062 13-2 PERFORMANCE BOND Me2of3 Bond No.098D PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 12020. PRINCIPAL: INDEPE NT UTILITY CONSTRUCTION, INC. BY: Signcltul'e ATTE5T: Richard Wolfe, President (Principal) lecretary Name and Title ,1 � 0 Address: 5109 Stan Valley Drive itness as to Principal Fort Worth, Texas 76119 SURETY: WESTFIELI) ISURANCE COMA PNY BY: Signature &�/ Kyle W. Sweeney, Attorney -in -Fact Name and Title Address: CITY OF FORT WORTH Huien Trails Phase I STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS City Project N102565 Revised January 31, 2012 Witness a4toSu Gala Harris 555 Republic Drive, Suite 450 Plano, Texas 75074 Telephone 006213-3 PERFORMANCE BOND Page 3 of 3 Bond No.098370D Number: 972-516-2600 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract froth the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. C rI Y OF FORT WORTH Hulea Trails Phase I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Prot N 102565 Revised January 31, 2012 SECTION 00 62 14 PAYMENT BOND THE STATE OF TEXAS § COUNTY OF TARRANT § 006214.1 PAYMENT BOND Page 1 or2 Bond No. 098370D KNOW ALL BY THESE PRESENTS: That we, Independent Utility Construction, Inc. known as "Principal' herein, and Westfield Insurance Carneany I a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the ]Developer, Bloomfield Homes, LP , authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of One Hundred Seventy Thousand Five Hundred Forty Five & 00147 Dollars $170 545,47 , lawful money of the United States, to be (raid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, CFA Number 20-0075 ; and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the day of , 2020, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Water Sanitary Sewer Paying, Street LION and Drainage Improvements for Hulen Trails Phase 1. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. CITY OF FORT WORTH Hulen Trails Phase l STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Projecl #102565 Revised January 31, 2012 0062 14.2 PAYMENT 13ONa Page 2 or2 Band No. 098370D This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 2020. ATTEST: Principal ATTEST: (Surety) Secretary Frank A. Carrino 4 � dd. u, Witness as to Surety Gala Harris PRINCIPAL: INDEPENDENT UTILITY CONSTRUCTION, INC. BY: Sign'ilxure Richard Wolfe, President Name and Title Address: 5109 Sun Valley Drive Fort Worth, Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY AfZ ff Kyle W. Sweeney, Attorney -in -Fact Name and Title Address: 555 Republic, Suite 450 Plano, Texas 75074 Telephone Number: 972-516.2600 Nate: if signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CVrY OF FORT WORTH Hulen Trails Phase 1 STANDARD CFTY CON D1T1ONS --DEVELOPER AWARDED PROJECTS City Project # 1025 65 Revised January 31, 2012 SECTION 00 62 19 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT 00b219-1 MAINTENANCE 130140 Page 1 of 3 i3ancl No. 09837013 KNOW ALL BY THESE PRESENTS: That we, Independent Utility Construction, Inc. , known as "Principal" herein and , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Bloomfield Homes LP , authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of One Hundred Seventy Thousand Five Hundred Forty Five & 00I47 Dollars (5170,545.47)_ , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA dumber 20-0075 ; and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the day of , 2020, which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as Water, Sanitary Sewer, Paving, Street Lights and Drainage improvements for Hulen Trails Phase I, and, WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FURT WORTH HulenTraiIs Phase I STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS City Project 4102565 Revised January 31, 2012 0062 19.2 MAINTENANCE BOND Pa e2of3 Bond No. 0983�0D WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect, PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FURT WORTH Helen Trails Phase i STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project 9102565 Revis,ed January 31, 2012 0062 19-3 MAMTENANCE BOND Page 3 of 3 Bond No- 098370D IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 2020. ATTE Li ( incipal) IF retary 0LJ essias to Principal A77EST: "ur KWitSurety Gala Harris PRINCIPAL: INDEPENDENT UTILITY CONSTRUCTION, INC. BY: S tgnatur Richard Wolfe, President Name and Title Address: 5109 Sun Valley Drive Fort Worth, Texas 76119 SURETY: WESTFIELD INSUPANC£ COMPANY BY: nature Kyle W. Sweeeie y, Atlorne -in-Fact Name and Title Address: 555 Republic Drive, Suite 450 Plano, Texas 75074 Telephone Number: 972.516-2600 *Note: If signed by an Officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Htkri Trails Phase i STANDARD CITY CONDITIONS- DEVELOPER AWARDED PROJECTS Ciry Project #I02565 Revised January 31, 2012 IMPORTANT NOTICE To obtain information or make a complaint You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Company at: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi,state.tx.us E-mail: ConsumerProtection tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or Westfield Insurance Company and/or Ohio Farmers Insurance Comppny first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO 1MPORTANTE Para obtener informacion o Para someter una queja: Usted puede Ilamar al numero de teiefono gratis de Westfield Insurance Company's / Ohio Farmers Insurance Company's Para informacion o para someter una queja al: 1-800-368-3597 Usted tambien puede escribir a Westfield Insurance Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Puede comunicarse con el Departamento de Seguros de Texas Para obtener informacion acerca de companies, coberturas, derechos ❑ quejas ai: 1-800-252-3439 Puede escribir al ❑epartamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection[a-tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima ❑ a un reclamo, debe comunicarse con el agente o Westfield Insurance Company / Ohio Farmers Insurance Company primer❑. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI), UNA ESTE AVISO A SU POLIZA: Este aviso es solo Para pr❑posito de informacion y no se convierte en parte o condition del documento adjunto. THIS POWER OF ATTORNEY SUP ER CEDES ANY PREVIOUS POWER BEARING Itil' JANtt POWER # AND ISSUED PRIOR TO 04120111, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO- 4226052 06 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as -Companies," duly organized and existing under the laws of the State of Ohio, and having its pi-mcipa€ office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CHARLES D- SWEENEY, MICHAEL A- SWEENEY, KYLE W. SWEENEY, ELIZABETH GRAY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attarney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognixances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS, and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises- Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be li Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact- may be given full power and authority for and in the name of and an behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognixances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating [he Company's liabillty thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." '8e it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8, 2000), In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of APRIL A.D., 2011 Corporate rr.•�syff�� ;.•`j>I() ALA' "�••, 'WESTFIELD INSURANCE COMPANY Seats❑\ ,.. .._ . Cop P,: : ,►1LSU "� Affixed ..: .a+ 4fr�i �, WESTFIELD NATIONAL INSURANCE COMPANY �! i n •': = ►�A�iE =�'�;;� OHIO FARMERS INSURANCE COMPANY SEAL �'= 'ti•L kEp':3 �� JLMXri � _a :• 184EIOtZ ; B y *-. State of Ohio Richard L. Kinnaird, Jr., National Surety Leader and County of Medina ss.: Senior Executive On this 20th day of APRIL A.D., 2011 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides'in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seats affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Sea[ Affixed �P: �11111%fsc� • William J. Kahelin, A rney at Law, Notary Public State of Ohio =;N d o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss,: ,r Orr 'D..1`•• . I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is sdil in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of �a f••',�; ''•tip : o` •sG": ; '-�5�... 111ye�` = d.�' HART N f �. SEAL =n � 4f•' tom ;: o:S %'. 1848 i Sernrtary Frank A. Carrina, Secretary DPOAC2 (combined) (06-02) CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4 – Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ........................................................................................................ 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16 5.08 Wage Rates.................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas ....................................................................................................... 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative ................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. DIVISION 01 GENERAL REQUIREMENTS 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project #102565 Revised December 20, 2012 SECTION 01 11 00 SUMMARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project #102565 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project #102565 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 4. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August, 30, 2013 SECTION 01 35 13 SPECIAL PROJECT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 33 12 25 – Connection to Existing Water Mains 1.2 REFERENCES A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction Specification 1.3 ADMINISTRATIVE REQUIREMENTS A. Coordination with the Texas Department of Transportation 1. When work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (TxDOT): a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the permit 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA’s Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 01 31 13 E. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing City water line system with the City’s representative. a. Coordination shall be in accordance with Section 33 12 25. b. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. c. In the event that a water valve on an existing live system be turned off and on to accommodate the construction of the project is required, coordinate this activity through the appropriate City representative. 1) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. F. Public Notification Prior to Beginning Construction 1. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor’s letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor’s foreman and phone number f) Name of the City’s inspector and phone number g) City’s after-hours phone number 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. G. Public Notification of Temporary Water Service Interruption during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor’s letterhead and include the following information: 1) Name of the project 2) City Project Number 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August, 30, 2013 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor’s foreman and phone number 6) Name of the City’s inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. I. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad’s requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.6 CLOSEOUT SUBMITTALS [NOT USED] 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.8 QUALITY ASSURANCE [NOT USED] 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.10 FIELD [SITE] CONDITIONS [NOT USED] 1.11 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August, 30, 2013 EXHIBIT A (To be printed on Contractor’s Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August, 30, 2013 EXHIBIT B 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another form of distribution approved by the City. 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised August 30, 2013 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised July 1, 2011 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised July 1, 2011 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is located on Buzzsaw as follows: 1. Resources\02 - Construction Documents\Standard Products List B. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. D. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. E. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 - 2 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor’s operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor’s personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor’s operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor’s operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor’s operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Specified Remobilization” in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Emergency Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor’s Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH Hulen Trails Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project #102565 Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application GEOTECHNICAL REPORT GEOTECHNICAL ENGINEERING REPORT HULEN TRAILS PHASE 1 NORTH OF WEST CLEBURNE CROWLEY ROAD FORT WORTH, TEXAS Prepared For: BLOOMFIELD HOMES, L.P. 1050 EAST HIGHWAY 114, SUITE 210 SOUTHLAKE, TEXAS 76092 ATTN: MR. MIKE GAVIN February 17, 2020 PROJECT NO. 19-23950 GEOTECHNICAL ENGINEERING EARTHWORKS CONTROL ENVIRONMENTAL CONSULTING CONSTRUCTION M ATERIAL TESTING DALLAS | FORT WORTH | AUSTIN | HOUSTON 3201 NE LOOP 820, SUITE 180 | FORT W ORTH, TEXAS 76137 | TEL: 817.717.1040 February 17, 2020 Mr. Mike Gavin Bloomfield Homes, L.P. 1050 East Highway 114, Suite 210 Southlake, Texas 76092 Re: Geotechnical Engineering Report Hulen Trails Phase 1 Fort Worth, Texas Rone Project No. 19-23950 Dear Mr. Gavin: Submitted herewith are the results of the geotechnical study conducted for the referenced project. This study was performed in general accordance with our Master Service Agreement No. P-22947-16, dated January 4, 2017. Engineering analyses and recommendations for site grading and pavements are contained in the narrative section of the report. Results of our field exploration program are submitted in detail in the Appendix section of the report. We appreciate the continued opportunity to be of service to you on this project and would appreciate the opportunity to provide the materials engineering testing and geotechnical observation services during the construction phase of this project. Please contact us if you have any questions or need any additional services. Respectfully submitted, Bishal Thapalia, E.I.T. Mark D. Gray, P.E. Geotechnical Engineer Partner Texas Engineering Firm License No. F-1572 02.17. 2 0 2 0 TABLE OF CONTENTS Page 1.0 INTRODUCTION ................................................................................................................. 1 2.0 PURPOSES AND SCOPE OF STUDY ............................................................................... 1 3.0 FIELD OPERATIONS AND LABORATORY TESTING ....................................................... 1 4.0 GENERAL SITE CONDITIONS ........................................................................................... 2 4.1 Site Geology ................................................................................................................ 2 4.2 Subsurface Soil Conditions .......................................................................................... 2 4.3 Groundwater ................................................................................................................ 3 5.0 ANALYSIS AND RECOMMENDATIONS ........................................................................... 4 5.1 Seismicity Site Class ................................................................................................... 4 5.2 Potential Vertical Rise .................................................................................................. 4 5.3 Foundation Recommendations .................................................................................... 5 5.4 Building Pad Subgrade ................................................................................................ 6 5.5 Over-Excavation and Moisture Conditioning ................................................................ 6 5.6 Detention/Retention Pond ............................................................................................ 7 6.0 SITE PREPARATION AND FILL PLACEMENT ................................................................. 8 6.1 Site Preparation ........................................................................................................... 9 6.2 Moisture and Density Testing .................................................................................... 10 6.3 Site Grading .............................................................................................................. 10 6.4 Construction Observations......................................................................................... 11 7.0 STUDY CLOSURE ............................................................................................................ 11 8.0 COPYRIGHT 2020 RONE ENGINEERING SERVICES, LTD. .......................................... 12 APPENDIX A Plate VICINITY MAP ........................................................................................................................................... A.1 GEOLOGY MAP ........................................................................................................................................ A.2 BORING LOCATION DIAGRAM ................................................................................................................ A.3 LOGS OF BORING ........................................................................................................................ A.4 – A.74 ATTERBERG PLOT ................................................................................................................................. A.75 KEY TO CLASSIFICATION AND SYMBOLS .......................................................................................... A.76 UNIFIED SOIL CLASSIFICATION SYSTEM ........................................................................................... A.77 SWELL TEST RESULTS ......................................................................................................................... A.78 APPENDIX B Page FIELD OPERATIONS ................................................................................................................................ B.1 LABORATORY TESTING .......................................................................................................................... B.2 APPENDIX C Page IMPORTANT INFORMATION ABOUT THIS GEOTECHNICAL ENGINEERING REPORT .....................C.1 Project No. 19-23950 1 | P a g e GEOTECHNICAL ENGINEERING REPORT HULEN TRAILS PHASE 1 FORT WORTH, TEXAS 1.0 INTRODUCTION This report presents our geotechnical study for Phase 1 of the Hulen Trails residential development to be located north of West Cleburne Crowley Road and west of Old Cleburne Crowley Junction in Fort Worth, Texas. The initial phase will consist of developing approximately 76-acres of vacant land into 221 single-family residential lots with associated utilities and paved streets. Phase 1 will also include an amenity center and a storm water detention pond. Rone completed a preliminary study for the proposed development, and presented preliminary results and recommendations in Report No. 18-22682, dated May 30, 2018. In addition, pavement recommendations were provided in Pavement Report No. 19-23950, dated December 18, 2019. The study was performed in general accordance with the scope of work presented in our Master Service Agreement No. P-22947-16, dated January 4, 2017. A site vicinity map and geology map are attached as Plates A.1 and A.2, respectively. The general location and orientation of the site are shown on the Boring Location Diagram, Plate A.3, in Appendix A of this study. 2.0 PURPOSES AND SCOPE OF STUDY The principal purposes of this study are to evaluate the general subsurface conditions at the site and to develop earthwork recommendations and foundation design criteria. To accomplish its intended purposes, the study was conducted in the following phases: (1)Sample borings were drilled to evaluate the subsurface conditions at the boring locations and to obtain soil and rock samples; (2)Laboratory tests were conducted on selected samples recovered from the borings to estimate the pertinent engineering characteristics of the foundation materials; and (3)Engineering analyses were performed using field data to develop earthwork recommendations and foundation design criteria. 3.0 FIELD OPERATIONS AND LABORATORY TESTING Subsurface conditions were evaluated by advancing a total of 71 borings to depths of approximately 5 to 20 feet utilizing a truck- and track-mounted drilling rig in December 2019 and January 2020. The approximate boring locations are shown on the Boring Location Diagram included on Plate A.3 in Appendix A. Sample depth, descriptions of soils, and soil classifications Project No. 19-23950 2 | P a g e (based on the Unified Soil Classification System) are presented on the Logs of Boring, Plates A.4 through A.74. Keys to terms and symbols used on the logs are shown on Plates A.76 and A.77. Laboratory soil tests were performed on selected soil samples recovered from the borings to confirm visual classification and estimate the pertinent engineering properties of the soils encountered. Classification results are presented on the Logs of Boring presented in Appendix A. Descriptions of the procedures used in the field phase of this study are included in Appendix B. 4.0 GENERAL SITE CONDITIONS At the time of the field exploration, the site generally consisted of an open grassy field with scattered trees generally concentrated along Deer Creek. Based on a review of available historical aerial photography, the property appears to have remained unchanged since 1995. Based on topographic information provided by the client, elevations at the site range from approximately 837 feet to 804 feet, generally sloping down from the northwest to the southeast. 4.1 Site Geology Based upon available geologic maps, Geologic Atlas of Texas, Dallas Sheet (published by the Bureau of Economic Geology), and our borings, this site appears to be mapped within the undivided Grayson Marl and Main Street Limestone f ormations (mapped as Kgm). The USGS Mineral Resources On-Line Spatial Data reference contains the following description of this geologic formation: The undivided Main Street Limestone and Grayson Marl formations generally consist of residual clays underlain by gray limestone or shale. The residual soils can consist of highly plastic clays and typically have a high shrink-swell potential. Please note that the geologic mapping was originally performed using aerial photography. Local variations and anomalies do occur. 4.2 Subsurface Soil Conditions The various strata and their approximate depths and thickness are shown on the boring logs. A brief summary of the stratigraphy indicated by the borings is given below. The stratification Project No. 19-23950 3 | P a g e boundaries shown on the boring logs represent the approximate locations of changes in types of soil and rock; in situ, the transition between material types may be gradual and indistinct. The borings generally encountered dark brown to brown fat clay (CH) containing trace amounts of calcareous nodules and ferrous deposits from the ground surface to depths of approximately 3 to 10 feet, followed by tan marl, tan weathered limestone and gray limestone to the boring termination depths of approximately 5 to 20 feet below existing grades. Several borings were terminated upon practical auger refusal in the limestone prior to achieving their planned depth. The plasticity index (PI) of the cohesive samples tested varied from 13 to 60, and averaged 39, indicating low to high soil plasticity, and an overall high plasticity. A high plasticity index is generally associated with an increased potential for active clayey soils to shrink and swell with changes in moisture content. In situ moisture levels generally ranged from approximately 15 percent below to 20 percent above the measured plastic limits, and averaged approximately 3 percent above, indicating a wide range of existing moisture conditions, and an overall slightly moist moisture condition. The hand penetrometer values varied from 1.5 to more than 4.5 tons per square foot (tsf) in the cohesive soils. The Standard Penetration Test N-values varied from 22 blows per foot to 64 blows for foot in the tan marl, 50 blows for 6 inches to 50 blows for 1 inch in the tan limestone, and from 50 blows for 4 inches to 50 blows for 1 inch in the gray limestone. The Texas Cone Penetrometer blow counts ranged from 100 blows for 2¾ inches to 100 blows for ¾ inch in the tan weathered limestone, and 100 blows for ¾ inch to 100 blows for ½ inch in the gray unweathered limestone. 4.3 Groundwater The borings were advanced using continuous flight augers to observe the potential for water seepage during and immediately after drilling. Free water was observed in the boring B-53 at depths of approximately 10 and 13 feet during and immediately after drilling, respectively. Free water was not observed in the remaining borings. The scope of work did not include long term observations of ground water or perched water conditions. In addition, it is difficult to accurately predict the magnitude of subsurface water fluctuations that might occur following periods of inclement weather. Groundwater can be encountered above any of the less permeable materials at this site, creating a temporary perched water condition, particularly during wet periods of the year. Groundwater levels should be expected to fluctuate throughout the year with variations in Project No. 19-23950 4 | P a g e precipitation, runoff, irrigation, site topography, utilities and the water levels in nearby surface water features and other factors not evident at the time of the field services. These observations have been made during the course of the field exploration, as indicated on the Logs of Boring. A groundwater study has not been performed. Long-term observations would be necessary to more accurately evaluate the groundwater levels and fluctuations. If these services are desired, Rone would be pleased to provide groundwater level monitoring as an additional scope of services. 5.0 ANALYSIS AND RECOMMENDATIONS Analyses and recommendations presented in this report are based on data collected during the field and laboratory phases of the study, as well as our experience and local knowledg e of the general site vicinity. The following paragraphs discuss the findings for the subject site, and present options for foundations and subgrade improvement. 5.1 Seismicity Site Class The site class for seismic design is based on several factors that include the subsurface profile (soil or rock), shear wave velocity, and strength, averaged over a depth of 100 feet. Since our borings did not extend to 100-foot depths, we based our determinations on the assumption that the subsurface materials below the bottom of the borings were similar to those encountered at the termination depths of the borings. Based on Table 1613.2.2 of the 2018 International Building Code and Table 20.3-1 of ASCE 7-16, we recommend using Site Class C (Stiff Soil / Soft Rock) for seismic design at this site. 5.2 Potential Vertical Rise At the time of our field exploration, the sampled soils at the site were in an overall slightly moist condition. Detailed results of free swell tests are tabulated in Appendix A, and range from approximately -0.4 to 7.6 percent. Using the swell test results and dry unit weights, the estimated PVR ranges from less than 1 inch to approximately 6 inches. Potential Vertical Rise (PVR) was also estimated using calculations performed in general accordance with the Texas Department of Transportation (TxDOT) Method 124-E, Potential Vertical Rise. The TxDOT 124-E method is empirical and is based on the Atterberg limits and moisture content of the subsurface soils. Using the TxDOT method within a 12-foot deep active Project No. 19-23950 5 | P a g e zone, limited by the depth to weathered limestone, in a dry moisture condition, the estimated PVR ranges from approximately 2 to 6 inches. Based on the swell test results, dry unit weights, and estimated PVR using the TxDOT method, we recommend that a PVR of 3 inches and 4½ inches be adopted for design, provided subgrade preparation is performed as recommended. Proper performance of the pad requires that the lots are prepared according to the recommendations provided in section 5.5 Over-Excavation and Moisture Conditioning and section 6.0 Site preparation and Fill Placement. 5.3 Foundation Recommendations It is our understanding that slab on grade foundations are desired for the proposed residences. A slab foundation may also be used to support the proposed amenity center. A ground-supported foundation can consist of a conventionally reinforced beam and slab system or a post-tensioned slab foundation system. The foundation should be designed with exterior and interior grade beams able to provide sufficient rigidity to the foundation system to tolerate the vertical soil movements expected at this site as described above. A net allowable soil bearing pressure of 1,500 psf may be used for design of all grade beams bearing in moisture conditioned soils or 2,000 psf in select fill or native soils. Grade beams should be founded a minimum of 12 inches below final grades. The bottom of the beam trenches should be free of any loose or soft material prior to the placement of the concrete. All grade beams and floor slabs should be adequately reinforced to limit cracking as normal movements occur in the foundation soils. Moist soil conditions should be maintained within at least 5 feet of the foundation during its service life. The Post Tensioning Institute (PTI) parameters are estimated based on the method described in the PTI manual (3rd Edition) for designing slab-on-grade foundation systems, the Uniform Building Code guidelines, and “Effective PI” calculations for slab foundations. The recommended PTI foundation design parameters at this site are presented in the following table. Project No. 19-23950 6 | P a g e Table 1: PTI Foundation Design Criteria Parameter Condition 3-inch PVR 4½-inch PVR Edge Moisture Variation Distance, em (feet) Center Lift 7.5 7.5 Edge Lift 3.4 3.4 Differential Soil Movement, ym (inches) Center Lift 1.7 2.0 Edge Lift 1.9 2.2 The PTI method incorporates numerous design assumptions associated with the derivation of variables needed to estimate the soil design criteria. The PTI method of predicting differential soil movement is applicable when site moisture conditions are controlled by the climate alone on well- graded lots (i.e. no improper drainage, percolation of water in unlined landscaped areas, utility water leaks or other free water sources). Under climate-controlled conditions, moisture variation within the subgrade soils is reduced, and the resulting differential foundation movements are much lower than movements that can occur due to post-construction movements caused by free water sources near or beneath the structures. Moist soil conditions should be maintained within 5 feet of the foundations during their service lives. A moisture barrier should be used beneath all slab foundations. 5.4 Building Pad Subgrade Based on the provided grading plans, we understand that up to approximately 6 feet of cut or fill may be required to achieve finished pad elevations. All grade-raised fill must be moisture- conditioned according to the guidelines provided below. If larger cuts or fills are planned, we should be contacted to review our recommendations, including moisture conditioning depths and the need for plastic sheeting above the completed pads. 5.5 Over-Excavation and Moisture Conditioning For purposes of subgrade treatment, this site has been divided into two zones. Moisture conditioning and replacement of the existing subgrade soils within Zone 1 should extend to a minimum depth of 4 feet below finished pad elevations. Following excavation of the active clay, the removed clays can be replaced with moisture and density control and covered with plastic sheeting. Any deleterious materials or rock fragments greater than approximately 4 inches in diameter encountered within the soils should be removed or crushed. The subgrade to receive moisture-conditioned clay should be scarified to a depth of 6 inches, then compacted as indicated in the Table 3 in section 6.1 Site Preparation. The clays to be used as moisture conditioned fill Project No. 19-23950 7 | P a g e can then be placed and compacted in a similar manner and covered with plastic sheeting. The building pad subgrade should be kept moist prior to slab construction. All finished building pads within Zone 1 should be covered with plastic sheeting to reduce moisture loss following subgrade treatment. The plastic sheeting should be placed atop the moisture treated clay soils at a depth of 8 to 12 inches below the final pad elevation. If plastic sheeting is not installed, it may be necessary to re-evaluate the need for moisture conditioning on these lots prior to construction. Building pads within Zone 2 do not require overexcavation or plastic sheeting. Please reference Table 2 for specific block and lot numbers within Zone 1. The amenity center building pad is also included in Zone 1. The remaining unlisted lots are included within Zone 2. The zones are also indicated on Plate A.3. Table 2: Depth of Moisture Conditioning (by Block and Lot Number) Zone Depth of Over-Excavation Measured from Final Pad Elevations (feet) Block Lots 1 4 25 1-16; 22-39 26 1-5 27 17-40 Moisture conditioning should extend at least 5 feet outside the foundation perimeter, or any other adjacent features sensitive to differential movement, such as entrances, patios, or other similar features. In addition, all grade-raised fill placed within the building pad should be moisture conditioned. Moisture conditioned clay fill should be monitored and tested on a full-time basis by Rone Engineers to confirm conditions are as anticipated and to confirm the fill is suitable and placed with the proper moisture content and degree of compaction. Density tests should be performed on each lift of fill placed. 5.6 Detention/Retention Pond In general, the purpose of a detention pond is to temporarily store rainf all runoff and release the water at a controlled rate. Depending on the site, project, global stability considerations, environmental regulations and owners’ expectations, the detention pond may need to have a low rate of infiltration into the ground. Project No. 19-23950 8 | P a g e If permanent water storage is desired (retention pond), a pond lining will be required. The lining may consist of properly placed on-site clay soils, imported clay soils, a synthetic liner, or a combination of these. A hydraulic conductivity (permeability) study was not included in our scope of services; therefore, the following recommendations should be considered as general guidelines for water retention, and not as an assurance that the pond will consistently hold water. Rone would be pleased to provide these as additional services if the Owner desires. If water retention is desired, clay liner material should have a liquid limit greater than 60 and a plasticity index greater than 45. The liner material should be placed in maximum 8-inch loose lifts and compacted to between 92 and 96 percent of the maximum dry density as determined by standard Proctor test (ASTM D698) and at a minimum of 4 percent above the soil’s optimum moisture content (min +4%). Please note that the liner will be subject to normal shrink/swell behavior unless water is maintained within the pond, or the pond is irrigated sufficiently to prevent the liner from drying and experiencing the formation of shrinkage cracks. Should water retention be less of a concern, the backfill should be placed in maximum 8-inch loose lifts and compacted to between 95 and 100 percent of the maximum dry density as determined by standard Proctor test (ASTM D698) and within 2 percent of the soil’s optimum moisture content (-2% to +2%). The compacted thickness of the liner should be at least 2 feet. The pond slopes should be 4H:1V (horizontal to vertical) or flatter to reduce the risk of sloughing of the pond liner. 6.0 SITE PREPARATION AND FILL PLACEMENT The following recommendations for site preparation and fill placement may contain elements that do not appear to apply to the presently known conditions at the project site. These items have been included in this report since our experience has been that unforeseen obstacles are encountered on some project sites, and progress can be delayed while written guidance is prepared. While we cannot cover every possible circumstance, we have attempted to address the most frequently occurring issues in this report section. Project No. 19-23950 9 | P a g e 6.1 Site Preparation Preparation of the site for any future construction should include the removal and proper disposal of all obstructions that would hinder construction. These obstructions should include all abandoned structures, foundations, debris, water wells, septic tanks and loose material. It i s the intent of these recommendations to provide for the removal and disposal of all obstructions not specifically provided for elsewhere by the plans and specifications. All concrete, trees, stumps, brush, abandoned structures, roots, vegetation, rubbish and any other undesirable matter should be removed and disposed of properly. It is the intent of these recommendations to provide a level surface with no features that would tend to prevent uniform compaction by the equipment to be used. All abandoned utilities that are not removed represent a risk to future performance; if the lines are abandoned in place, they must be fully grouted and capped so that the pipes do not provide a ready conduit for water. All areas to be filled should be disced or bladed until uniform and free from large clods. Soils should be brought to the proper moisture, and compacted as indicated in the table below. Following subgrade preparation, the subgrade should be proofrolled with a fully loaded, tandem- axle dump truck or similar pneumatic-tire equipment to locate areas of unsuitable subgrade. In areas to be cut, the proofroll should be performed after the final grade is established. In areas to be filled, the proofroll should be performed prior to placement of engineered fill and after subgrade construction is complete. Areas of loose or soft subgrade encountered in the proofroll should be removed and replaced with engineered fill, or moisture conditioned (dried or wetted, as needed) and compacted in place. Relatively shallow marl and weathered limestone was encountered in many of the borings performed at this site. Excavations are likely to extend into these materials, which may be difficult to excavate. Contractors should have experience working in these materials. Table 3: Fill Placement Criteria Item Description Plasticity Requirement Compaction Standard Density Requirement Moisture Requirement On-site soils General grading None ASTM D698 95% to 100% of maximum dry density Optimum moisture to 4% above optimum moisture Project No. 19-23950 10 | P a g e Item Description Plasticity Requirement Compaction Standard Density Requirement Moisture Requirement Moisture conditioned fill House pads None ASTM D698 92% to 96% of maximum dry density Minimum of 4% above optimum moisture Imported general fill General grading LL < 60 ASTM D698 95% to 100% of maximum dry density Optimum moisture to 4% above optimum moisture Utility backfill On-site soils 0-10’ below grade None ASTM D698 95% to 100% of maximum dry density At least 2% above optimum moisture >10’ below grade None ASTM D698 Minimum 100% of maximum dry density Minus 2% to plus 2% of optimum moisture 6.2 Moisture and Density Testing Field density and moisture content tests should be performed by the geotechnical engineer or his representative. Density tests should be taken in each layer of compacted fill below the disturbed surface. If the materials fail to meet the specified moisture and/or density, the lift should be reworked as necessary to obtain the specified moisture content and compaction. The recommended moisture content and density should be maintained until placement of the overlying lift, or construction of overlying flatwork. Failure to maintain the moisture content and compaction could result in excessive soil movement and can have a detrimental effect on overlying structures such as sidewalks and pavement. The contractor should provide some means of controlling the moisture content and compaction (such as water hoses, water trucks, etc.). Maintaining subgrade moisture and compaction is always critical, but will require extra effort during warm, windy and/or sunny conditions. Density and moisture testing is recommended to provide some indication that adequate earthwork is being provided; however, the quality of the fill is the sole responsibility of the contractor. Satisfactory test results is not a guarantee of the quality of the contractor’s earthwork operations. 6.3 Site Grading Site grading operations, where required, should be performed in accordance with the recommendations provided in this report. The site grading plans and construction should strive to achieve positive drainage around all sides of the proposed pavement. Inadequate drainage around structures built on-grade will cause excessive vertical differential movements to occur. Project No. 19-23950 11 | P a g e 6.4 Construction Observations In any geotechnical study, the design recommendations are based on a limited amount of information about the subsurface conditions. In the analysis, the geotechnical engineer must assume the subsurface conditions are similar to the conditions encountered in the borings; however, anomalies in the subsurface conditions are quite often revealed during construction. The potential for the presence of varied geologic formations and significantly different support conditions at this site, which could result in changes in our design recommendations, increases the risk of damaging soil movements at this site. It is recommended that Rone be retained to observe earthwork operations and foundation construction, and perform materials evaluation and testing during the construction phase of the project. This enables the geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. We recommend that construction phase observation and materials testing commence by the project geotechnical engineer at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner to contract directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design engineers, and the geotechnical engineer. 7.0 STUDY CLOSURE The analyses, conclusions, and recommendations contained in this report are based on site conditions as they existed at the time of the field exploration, and further on the assumption that the exploratory borings are representative of the subsurface conditions throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed. If during construction, different subsurface conditions from those encountered in our borings are observed, or appear to be present in excavations, we must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. If there is a substantial lapse of time (longer than approximately 12 months) between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish grades are changed, we urge that we be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. Project No. 19-23950 12 | P a g e Further, it is urged that Rone Engineering Services, Ltd., be retained to review those portions of the plans and specifications for this particular project that pertain to earthwork and foundations as a means to determine whether the plans and specifications are consistent with the recommendations contained in this report. In addition, we are available to observe construction, particularly the compaction of structural fill, or backfill and the construction of foundations as recommended in the report and such other field observations as might be necessary. This report has been prepared for the exclusive use of the client and their designated agents for specific application to design of this project. We have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No warranty, expressed or implied, is made or intended. 8.0 COPYRIGHT 2020 RONE ENGINEERING SERVICES, LTD. This document, including all text and graphics, are copyrighted materials that are the property of Rone Engineering Services, Ltd. except as otherwise noted. This document may not be used, in whole or in part, without the express written permission of Rone Engineering Services, Ltd. APPENDIX A APPROVED BY: REVISED BY: DRAWN BY: FILE NAME: PROJECT NO: DATE: DATE: DATE: CM REVISED BY:DATE: BT 19-23950 1923950.DWG 12-13-2019 12-13-2019 PLATE A.1 VICINITY MAP HULEN TRAILS - PHASE 1 NORTH OF WEST CLEBURNE CROWLEY ROAD FORT WORTH, TEXAS SCALE: NTS ENGINEERING SITE PLATE A.2 GEOLOGY MAP HULEN TRAILS - PHASE 1 NORTH OF WEST CLEBURNE CROWLEY ROAD FORT WORTH, TEXAS SCALE: NTS APPROVED BY: REVISED BY: DRAWN BY: FILE NAME: PROJECT NO: DATE: DATE: DATE: CM REVISED BY:DATE: BT 19-23950 1923950.DWG 12-13-2019 12-13-2019 SITE ENGINEERING LEGENDZONE 14 FEET MOISTURE CONDITIONING REQUIRED4 12 INCH PVRZONE 2NO MOISTURE CONDITIONING REQUIRED3 INCH PVRPENTRIDGE DRIVE2827262524232221201918171615333234353637383940413130291413121110987654324746454443414240393837367891011654333343536373839123454243444546474812345678161511109141312676869707275747173123456789101513141211666564636261605859555756545251535049121110897654321123456789101135343332313029282726252423121314151617181920212232313029282726252423222120678910111213141516171819121314151617182727272626282525182417272721COBALT DRIVERIDGEHURST LN.MILL FALLS DR.DUBLIN RIDGE DRIVEMILL FALLS DRIVESHADY BANK DRIVEMOSS COVE DR. KETTLEWOOD DRIVE HULEN STREETHERITAGE MANOR LANEOLD CLEBURNE CROWLEY JUNCTION ROAD WEST CLEBURNE ROAD B1B11B10B9B8B7B6B5B4B3B2B12B24B33B13B23B22B21B20B19B18B17B16B15B14B32B31B44B43B45B57B56B30B29B28B27B26B25B36B42B41B40B39B38B55B54B53B51B50B49B48B47B71B72B37B35B34B58B64B63B62B61B60B59B65B68B67B66B69B70B52HE R I T A G E M A N O R L N .APPROVED BY:REVISED BY:DRAWN BY:FILE NAME:PROJECT NO:DATE:DATE:DATE:REVISED BY:DATE:CMPLATE A.3PVR PARAMETERS, BORING LOCATION & MOISTURE CONDITIONING ZONES DIAGRAMHULEN TRAILS - PHASE 1FORT WORTH, TEXASBT19-239501923950.DWG1-29-20201-29-2020SCALE: NTSENGINEERING 64-23-41 40-16-24 FAT CLAY (CH) - dark brown, trace calcareous nodules MARL - tan, with calcareous deposits, trace ferrous nodules WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/1" 50/¼"50/¼" 34 20 15 12 3 6 1.75 3.75 4.5+ 4.5+ 84 82 814.5 810.5 802.5 798.5 12-12-19 Approximate Surface Elevation = 818.5 feet Plate A.4 Log B-1 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58900° N 97.39543° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 27 85-25-60 FAT CLAY (CH) - dark brown, trace calcareous nodules - with calcareous deposits, trace gravel MARL - tan, hard (soil classification) WEATHERED LIMESTONE - tan, hard (rock classification) Boring Terminated at Approximately 12 Feet 15-50/6'' 20-50/6'' 50/¼"50/¼" 93 31 10 24 6 8 7 1.5 2.50 4.5+ 4.5+ 86 813.5 809.5 807.5 12-12-19 Approximate Surface Elevation = 819.5 feet Plate A.5 Log B-2 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 Material boundaries are approximate; in situ, transitions may be gradual. 32.58901° N 97.39482° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 23 43-16-27 FAT CLAY (CH) - dark brown, trace calcareous nodules GRAVELLY CLAY (GC) - tan, marly, gravel = tan weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 18-20-16N=36 50/6" 50/6" 50/2" 50/2" 33 29 9 5 6 9 11 2.75 4.5+ 43 816.0 813.0 805.5 800.0 12-12-19 Approximate Surface Elevation = 820.0 feet Plate A.6 Log B-3 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58900° N 97.39422° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 19 68-25-43 56-19-37 FAT CLAY (CH) - dark brown, trace organics and calcareous nodules WEATHERED LIMESTONE - tan MARL - tan FAT CLAY (CH) - tan, with calcareous deposits WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/1" 15-50/6'' 50/1" 50/1" 50/4" 30 6 12 21 8 7 7 4.50 4.5+ 83 86 819.5 818.5 815.5 813.5 808.5 801.5 12-12-19 Approximate Surface Elevation = 821.5 feet Plate A.7 Log B-4 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58899° N 97.39361° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 15 33-17-16 68-24-44 FAT CLAY (CH) - dark brown, trace organics MARL - tan, with sand WEATHERED LIMESTONE - tan FAT CLAY (CH) - tan, with calcareous nodules LIMESTONE - gray Boring Terminated at Approximately 20 Feet 10-50/5'' 50/3" 50/6" 50/2" 50/¼"50/¼" 26 12 4 11 23 7 8 4.5+ 4.5+ 67 88 821.0 820.0 816.0 811.0 803.0 12-12-19 Approximate Surface Elevation = 823.0 feet Plate A.8 Log B-5 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58901° N 97.39303° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 12 39-16-23 FAT CLAY (CH) - dark brown, trace organics MARL - tan, with calcareous deposits, trace weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/2" 50/1" 50/1" 50/¼"50/¼" 109 30 13 7 6 6 11 7 0.1 4.5+ 4.5+ 4.5+ 82 822.0 818.0 808.0 804.0 12-12-19 Approximate Surface Elevation = 824.0 feet Plate A.9 Log B-6 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58901° N 97.39243° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 8 33-15-18 FAT CLAY (CH) - dark brown, trace organics - brown with tan, trace calcareous nodules MARL - tan, with calcareous deposits, trace weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/2" 50/1" 50/2" 50/¼"50/¼" 117 17 17 10 8 7 11 -0.4 3.00 4.5+ 4.5+ 81 820.0 818.0 808.0 804.0 12-18-19 Approximate Surface Elevation = 824.0 feet Plate A.10 Log B-7 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58900° N 97.39183° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 4 70-26-44 57-18-39 FAT CLAY (CH) - dark brown, trace organics - brown, trace ferrous stains and calcareous deposits WEATHERED LIMESTONE - tan - with gray LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/1" 50/2" 50/4" 50/2" 50/¼"50/¼" 95 24 26 7 8 9 11 9 1.0 2.50 4.5+ 75 76 818.4 804.4 802.4 12-12-19 Approximate Surface Elevation = 822.4 feet Plate A.11 Log B-8 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58899° N 97.39123° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 1 59-23-36 FAT CLAY (CH) - dark brown, trace organics WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/2" 50/4" 50/6" 50/2" 50/¼"50/¼" 30 21 5 5 12 3.00 4.5+ 75 816.0 804.0 800.0 12-18-19 Approximate Surface Elevation = 820.0 feet Plate A.12 Log B-9 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58899° N 97.39062° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 28, Lot 3 58-22-36 FAT CLAY (CH) - dark brown, trace calcareous nodules - push-tube refusal at approx. 2 feet WEATHERED LIMESTONE - tan MARL - tan, with calcareous deposits WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/4" 16-10-12N=22 26-14-50/3'' 50/3" 50/¼"50/¼" 29 4 11 13 12 2.25 69 74 815.5 814.0 804.5 800.5 797.5 12-18-19 Approximate Surface Elevation = 817.5 feet Plate A.13 Log B-10 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58898° N 97.39003° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 28, Lot 7 FAT CLAY (CH) - dark brown, trace organics - trace calcareous nodules - with tan WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/1" 50/1" 50/2" 50/¼"50/¼" 33 22 19 7 11 4.50 4.5+ 4.5+ 83 808.5 798.5 794.5 12-18-19 Approximate Surface Elevation = 814.5 feet Plate A.14 Log B-11 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58898° N 97.38943° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 28, Lot 10 67-27-40 FAT CLAY (CH) - dark brown, trace organics MARL - tan WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 27-50/4'' 17-50/5'' 50/6" 50/2" 50/½"50/¼" 38 33 7 9 10 2.50 4.5+ 83 808.0 800.0 796.0 792.0 12-18-19 Approximate Surface Elevation = 812.0 feet Plate A.15 Log B-12 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58897° N 97.38883° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 28, Lot 12 69-26-43 70-22-48 FAT CLAY (CH) - dark brown, trace organics - with calcareous nodules, trace weathered limestone fragments MARL - brown, with ferrous stains and calcareous deposits - with tan Boring Terminated at Approximately 20 Feet 50/6" 10-17-13N=30 15-20-50/2'' 107 33 23 20 11 10 16 14 4.5 2.00 4.5+ 4.5+ 4.5+ 90 84 812.2 798.2 12-18-19 Approximate Surface Elevation = 818.2 feet Plate A.16 Log B-13 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58848° N 97.39545° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 30 78-23-55 FAT CLAY (CH) - dark brown, trace organics - with calcareous nodules, trace ferrous stains - hard, marly MARL - tan, with ferrous stains and calcareous deposits WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/3" 50/¼"50/¼" 88 114 29 24 20 18 17 11 4 0.5 0.1 2.00 4.5+ 4.5+ 4.5+ 4.5+ 81 808.5 803.5 799.5 796.5 12-18-19 Approximate Surface Elevation = 816.5 feet Plate A.17 Log B-14 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58847° N 97.39483° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 34 68-24-44 36-15-21 FAT CLAY (CH) - dark brown, trace organics and calcareous nodules MARL - brown, with ferrous stains and calcareous deposits WEATHERED LIMESTONE - tan FAT CLAY (CH) - dark gray, very hard, shaley Boring Terminated at Approximately 20 Feet 50/1" 17-50/3'' 30 28 15 11 14 8 17 2.25 4.5+ 4.5+ 4.5+ 4.5+ 83 84 813.0 806.0 802.0 797.0 12-18-19 Approximate Surface Elevation = 817.0 feet Plate A.18 Log B-15 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58846° N 97.39423° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 37 67-24-43 FAT CLAY (CH) - dark brown, trace organics MARL - tan WEATHERED LIMESTONE - tan - marl interbeds LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/1" 50/2" 18-50/2'' 50/¼"50/¼" 96 31 32 17 6 4 10 7 1.5 4.50 4.5+ 4.5+ 88 814.8 812.8 804.3 798.8 12-18-19 Approximate Surface Elevation = 818.8 feet Plate A.20 Log B-17 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58845° N 97.39303° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 46 64-23-41 FAT CLAY (CH) - dark brown, trace organics and sand WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 19-50/1'' 27-50/2'' 50/3" 50/1" 50/¼"50/¼" 29 20 5 5 8 7 7 4.50 4.5+ 84 816.0 805.5 800.0 12-18-19 Approximate Surface Elevation = 820.0 feet Plate A.21 Log B-18 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58844° N 97.39243° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 42 71-30-41 FAT CLAY (CH) - dark brown, trace organics GRAVELLY FAT CLAY (GC) - dark brown with reddish brown, with ferrous stains and calcareous deposits, gravel = weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/2" 50/1" 50/1" 50/2" 50/½"50/¼" 31 19 4 4 11 8 7 4.5+ 4.5+ 48 818.0 816.0 805.5 800.0 12-18-19 Approximate Surface Elevation = 820.0 feet Plate A.22 Log B-19 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58844° N 97.39184° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 39 68-22-46 FAT CLAY (CH) - dark brown to brown, trace organics, with sand WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/1" 50/3" 50/2" 50/1" 50/¼"50/¼" 11024 23 8 2 8 9 7 0.94.5+ 4.5+ 74 815.5 805.5 799.5 12-18-19 Approximate Surface Elevation = 819.5 feet Plate A.23 Log B-20 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58843° N 97.39123° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 35 88-29-59 FAT CLAY (CH) - dark brown to brown, trace organics - with sand, trace weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/1" 50/2" 26-50/1'' 50/2" 50/¼"50/¼" 26 31 10 7 7 7 7 4.5+ 4.5+ 78 813.5 802.5 797.5 12-18-19 Approximate Surface Elevation = 817.5 feet Plate A.24 Log B-21 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58842° N 97.39063° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 31 61-23-38 FAT CLAY (CH) - brown, trace organics and calcareous nodules - tan WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/5" 50/1" 17-50/2'' 50/2" 50/1" 50/¼"50/¼" 29 13 8 7 6 9 7 2.50 80 810.7 800.7 794.7 12-18-19 Approximate Surface Elevation = 814.7 feet Plate A.25 Log B-22 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58842° N 97.39003° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 27 60-22-38 FAT CLAY (CH) - dark brown, trace calcareous nodules, sand, and organics, with weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 21-50/1'' 50/3" 50/3" 50/1" 50/2" 50/¼"50/¼" 10023 5 7 7 10 9 7 0.34.5+ 72 809.7 796.7 791.7 12-18-19 Approximate Surface Elevation = 811.7 feet Plate A.26 Log B-23 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58840° N 97.38943° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 24 70-22-48 FAT CLAY (CH) - dark brown WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 811.3 Feet Approximate Grading = 1.6 Feet Fill 50/3" 50/1" 29-50/1'' 50/2" 50/¼"50/¼" 30 19 10 7 9 9 7 1.50 4.5+ 85 805.7 793.7 789.7 12-18-19 Approximate Surface Elevation = 809.7 feet Plate A.27 Log B-24 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58840° N 97.38883° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 28, Lot 15 64-19-45 49-18-31 FAT CLAY (CH) - dark brown, trace calcareous nodules LEAN CLAY (CL) - tan, with calcareous deposits and weathered limestone fragments WEATHERED LIMESTONE - tan MARL - dark gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 818.4 Feet Approximate Grading = 3.4 Feet Fill 26-50/3'' 50/2" 50/1" 33 23 15 9 14 7 17 3.50 4.5+ 4.5+ 4.5+ 83 73 811.0 809.0 798.0 795.0 12-18-19 Approximate Surface Elevation = 815.0 feet Plate A.28 Log B-25 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58797° N 97.39359° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 43 69-24-45 FAT CLAY (CH) - dark brown, trace calcareous nodules WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 817.3 Feet Approximate Grading = 1.8 Feet Fill 50/6" 50/3" 50/1" 50/2" 50/½"50/¼" 39 28 8 8 7 16 7 2.50 3.00 85 811.5 800.5 795.5 12-18-19 Approximate Surface Elevation = 815.5 feet Plate A.29 Log B-26 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58787° N 97.39305° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 45 84-30-54 FAT CLAY (CH) - dark brown, trace calcareous nodules WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 817.7 Feet Approximate Grading = 1.5 Feet Fill 50/2" 50/2" 50/1" 50/¼"50/¼" 34 24 24 6 8 8 7 4.25 4.5+ 4.5+ 82 810.2 800.2 796.2 12-18-19 Approximate Surface Elevation = 816.2 feet Plate A.30 Log B-27 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58787° N 97.39246° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 3 56-23-33 FAT CLAY (CH) - dark brown WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 816.7 Feet Approximate Grading = 0.6 Feet Fill 16-50/5'' 50/6" 50/2" 50/2" 50/¼"50/¼" 8928 27 5 9 9 8 8 0.33.25 4.5+ 81 812.0 800.0 796.0 12-18-19 Approximate Surface Elevation = 816.0 feet Plate A.31 Log B-28 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58786° N 97.39187° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 6 63-28-35 FAT CLAY (CH) - dark brown, trace organics MARL - tan, with ferrous stains and calcareous deposits, trace weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 815.0 Feet Approximate Grading = 0.0 Feet Fill 7-11-14N=25 12-17-23N=40 50/1" 50/2" 50/3" 50/¼"50/¼" 36 9 14 11 9 9 4.5+ 79 813.0 809.0 799.0 795.0 12-17-19 Approximate Surface Elevation = 815.0 feet Plate A.32 Log B-29 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58787° N 97.39123° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 10 53-21-32 GRAVELLY FAT CLAY (CH) - brown, gravel = weathered limestone fragments WEATHERED LIMESTONE - tan, first 2 feet severely weathered Boring Terminated at Approximately 10 Feet Proposed Elevation = 813.4 Feet Approximate Grading = 0.6 Feet Cut 50/3" 50/1"50/¾" 50/¾"50/½" 21 13 10 10 64 812.0 804.0 12-17-19 Approximate Surface Elevation = 814.0 feet Plate A.33 Log B-30 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 Material boundaries are approximate; in situ, transitions may be gradual. 32.58787° N 97.39063° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 14 74-25-49 FAT CLAY (CH) - dark brown, with calcareous deposits FAT CLAY WITH GRAVEL (CH) - brown, very hard WEATHERED LIMESTONE - tan Boring Terminated at Approximately 10 Feet Proposed Elevation = 811.7 Feet Approximate Grading = 0.2 Feet Fill 23-50/4'' 50/1¾"50/1" 50/¾"50/½" 31 22 9 10 9 2.75 4.00 72 809.5 807.5 801.5 12-17-19 Approximate Surface Elevation = 811.5 feet Plate A.34 Log B-31 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 Material boundaries are approximate; in situ, transitions may be gradual. 32.58787° N 97.39003° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 18 41-15-26 FAT CLAY (CH) - dark brown CLAYEY GRAVEL (GC) - dark brown with tan weathered limestone fragments WEATHERED LIMESTONE - tan Boring Terminated at Approximately 15 Feet Proposed Elevation = 810.5 Feet Approximate Grading = 0.8 Feet Fill 13-15-26N=41 18-34-16N=50 50/¾"50/½" 50/½"50/¼" 36 8 8 9 10 1.75 40 807.7 803.7 794.7 12-17-19 Approximate Surface Elevation = 809.7 feet Plate A.35 Log B-32 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 Material boundaries are approximate; in situ, transitions may be gradual. 32.58786° N 97.38943° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 26, Lot 21 71-25-46 FAT CLAY (CH) - dark brown, trace organics - trace calcareous nodules MARL - brown WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 810.2 Feet Approximate Grading = 2.6 Feet Fill 8-13-21N=34 50/2" 50/1" 50/1" 50/1¼"50/1" 93 20 31 16 5 5 12 0.3 3.25 4.5+ 90 803.5 801.0 792.5 787.5 12-17-19 Approximate Surface Elevation = 807.5 feet Plate A.36 Log B-33 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58786° N 97.38883° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 28, Lot 18 FAT CLAY (CH) - dark brown, trace organics and calcareous nodules - push-tube refusal at approximately 1 foot - tan, with weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 826.4 Feet Approximate Grading = 0.9 Feet Fill 12-8-7N=15 50/5" 50/1"50/¾" 50/½"50/¼" 50/½"50/½" 50/½"50/¼" 29 5 13 9 10 10 9 3.00 821.0 811.5 805.5 12-17-19 Approximate Surface Elevation = 825.5 feet Plate A.37 Log B-34 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58755° N 97.39689° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 65 62-25-37FAT CLAY (CH) - dark brown, with weathered limestone fragments - push-tube refusal at approximately 1 foot - tan, with calcareous deposits and weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 824.5 Feet Approximate Grading = 2.5 Feet Cut 21-22-9N=31 14-50/3'' 50/½"50/¼" 50/¾"50/½" 50/¾"50/½" 50/¼"50/¼" 28 6 16 9 9 8 7 3.50 73 822.0 814.0 807.0 12-17-19 Approximate Surface Elevation = 827.0 feet Plate A.38 Log B-35 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58734° N 97.39626° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 62 45-16-29 FAT CLAY (CH) - dark brown, trace organics, push-tube refusal at approximately 1 foot WEATHERED LIMESTONE - severely weathered, with clay seams LEAN CLAY (CL) - tan, calcareous WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 821.8 Feet Approximate Grading = 6.2 Feet Cut 18-27-13N=40 4-9-19N=28 22-37-50/2'' 50/¾"50/½" 50/½"50/¼" 50/½"50/¼" 43 8 14 11 10 9 8 3.00 90 827.0 825.5 822.0 815.0 808.0 12-17-19 Approximate Surface Elevation = 828.0 feet Plate A.39 Log B-36 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58717° N 97.39564° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 58 47-17-30 48-13-35 GRAVELLY LEAN CLAY (CL) - dark brown, with weathered limestone fragments CLAYEY GRAVEL (GC) - tan WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 13-11-19N=30 26-32-50/2'' 50/¾"50/¾" 50/¾"50/½" 50/½"50/¼" 50/½"50/¼" 24 23 6 7 8 6 8 2.50 1.00 55 14 812.5 810.5 801.5 795.5 12-17-19 Approximate Surface Elevation = 815.5 feet Plate A.40 Log B-37 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58535° N 97.39380° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Detention Pond 66-23-43 49-15-34 FAT CLAY (CH) - dark brown, trace organics - brown, trace ferrous stains and calcareous nodules LEAN CLAY (CL) - tan WEATHERED LIMESTONE - tan with gray LIMESTONE - gray Boring Terminated at Approximately 12 Feet 41-13-50/4'' 50/¼"50/¼" 108 30 25 17 17 16 2.4 1.50 2.75 4.5+ 4.5+ 82 74 809.0 805.0 802.0 801.0 12-12-19 Approximate Surface Elevation = 813.0 feet Plate A.41 Log B-38 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 Material boundaries are approximate; in situ, transitions may be gradual. 32.58732° N 97.39305° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Heritage Manor Lane 72-23-49 FAT CLAY (CH) - dark brown WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 817.3 Feet Approximate Grading = 3.8 Feet Fill 21-50/2'' 50/1" 50/2" 50/¼"50/¼" 101 30 21 17 9 7 6 6 1.6 3.00 4.5+ 4.5+ 79 809.5 799.5 793.5 12-12-19 Approximate Surface Elevation = 813.5 feet Plate A.42 Log B-39 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58733° N 97.39246° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 25, Lot 39 72-26-46 43-17-26 FAT CLAY (CH) - dark brown, trace calcareous nodules LEAN CLAY WITH SAND (CL) - tan WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 816.5 Feet Approximate Grading = 3.3 Feet Fill 50/2" 50/½"50/¼" 34 26 26 18 18 4 5 3.00 3.50 4.5+ 4.5+ 3.50 78 75 807.2 803.2 797.2 793.2 12-12-19 Approximate Surface Elevation = 813.2 feet Plate A.43 Log B-40 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58732° N 97.39187° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 25, Lot 36 80-28-52 FAT CLAY (CH) - dark brown LEAN CLAY WITH SAND (CL) - tan WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 814.9 Feet Approximate Grading = 2.6 Feet Fill 50/1" 50/¼"50/¼" 106 31 26 22 18 18 6 5 7.6 2.75 4.5+ 4.5+ 4.5+ 3.00 86 806.3 802.3 798.3 792.3 12-12-19 Approximate Surface Elevation = 812.3 feet Plate A.44 Log B-41 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58731° N 97.39124° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 25, Lot 32 56-22-34 FAT CLAY (CH) - dark brown, trace calcareous nodules MARL - tan WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 813.5 Feet Approximate Grading = 2.7 Feet Fill 50/2" 50/3" 50/1" 50/½"50/¼" 27 28 19 10 7 6 5 3.00 3.50 4.5+ 86 44 806.8 804.8 794.8 790.8 12-12-19 Approximate Surface Elevation = 810.8 feet Plate A.45 Log B-42 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58731° N 97.39063° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 25, Lot 28 75-25-50 FAT CLAY (CH) - dark brown, trace calcareous nodules MARL - tan WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 14 Feet Proposed Elevation = 811.7 Feet Approximate Grading = 2.2 Feet Fill 50/5" 50/2" 50/1" 50/¼"50/¼" 36 29 6 32 11 14 2.25 4.5+ 90 805.5 803.5 796.5 795.5 12-12-19 Approximate Surface Elevation = 809.5 feet Plate A.46 Log B-43 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 Material boundaries are approximate; in situ, transitions may be gradual. 32.58730° N 97.39004° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 25, Lot 24 64-21-43 59-25-34 FAT CLAY (CH) - dark brown, trace organics and calcareous nodules WEATHERED LIMESTONE - tan FAT CLAY (CH) - dark brown/dark gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 810.5 Feet Approximate Grading = 3.7 Feet Fill 15-50/1'' 50/2" 50/1" 29 28 7 11 7 19 15 2.50 4.5+ 4.5+ 4.5+ 87 100 802.8 796.8 786.8 12-12-19 Approximate Surface Elevation = 806.8 feet Plate A.47 Log B-44 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58730° N 97.38944° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 25, Lot 21 69-22-47 67-22-45 FAT CLAY (CH) - dark brown - brown, trace ferrous stains WEATHERED LIMESTONE - tan FAT CLAY (CH) - dark gray, shaley Boring Terminated at Approximately 20 Feet Proposed Elevation = 810.5 Feet Approximate Grading = 5.8 Feet Fill 50/3" 50/2" 11-17-17N=34 27 30 25 26 7 8 26 1.75 2.50 3.25 3.25 82 99 796.7 788.7 784.7 12-17-19 Approximate Surface Elevation = 804.7 feet Plate A.48 Log B-45 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58711° N 97.38901° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 25, Lot 19 32-16-16 FAT CLAY (CH) - dark brown MARL - brown with tan weathered limestone fragments WEATHERED LIMESTONE - tan Boring Terminated at Approximately 10 Feet 50/6" 50/1½"50/1¼" 50/¾"50/½" 24 19 12 9 3.50 4.50 72 828.0 825.0 820.0 12-12-19 Approximate Surface Elevation = 830.0 feet Plate A.49 Log B-47 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 Material boundaries are approximate; in situ, transitions may be gradual. 32.58679° N 97.39663° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Moss Cove Drive 68-27-41 FAT CLAY (CH) - dark brown, with weathered limestone fragments - push-tube refusal at approximately 3 feet - tan, with calcareous deposits and weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 823.8 Feet Approximate Grading = 3.3 Feet Cut 50/3" 50/½"50/¼" 50/¾"50/½" 50/½"50/¼" 50/¼"50/¼" 9128 32 20 7 12 10 7 0.63.50 1.50 77 822.0 810.0 807.0 12-12-19 Approximate Surface Elevation = 827.0 feet Plate A.50 Log B-48 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58679° N 97.39601° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 17, Lot 16 72-19-53 45-20-25 FAT CLAY (CH) - dark brown, trace organics, push-tube refusal at approximately 2 feet LEAN CLAY (CL) - tan, calcareous, with interbedded limestone zones WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 30-29-21N=50 9-23-27N=50 50/¾"50/½" 50/½"50/¼" 50/½"50/¼" 30 5 12 7 8 7 1.75 78 84 821.0 817.0 809.5 803.0 12-12-19 Approximate Surface Elevation = 823.0 feet Plate A.51 Log B-49 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58679° N 97.39542° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Shady Bank Drive 65-21-44 FAT CLAY (CH) - dark brown, push-tube refusal at approximately 2 feet - transitioning to weathered limestone WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 819.5 Feet Approximate Grading = 1.5 Feet Fill 14-50/5'' 50/¾"50/½" 50/½"50/½" 50/½"50/¼" 50/¼"50/¼" 30 5 10 8 9 9 4.50 87 815.0 805.0 798.0 12-12-19 Approximate Surface Elevation = 818.0 feet Plate A.52 Log B-50 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58679° N 97.39483° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 54 74-24-50 FAT CLAY (CH) - dark brown - with weathered limestone fragments - push-tube refusal at approximately 4 feet WEATHERED LIMESTONE - tan Boring Terminated at Approximately 10 Feet Proposed Elevation = 816.8 Feet Approximate Grading = 0.5 Feet Fill 50/6" 50/1¼"50/1" 50/¾"50/½" 44 22 14 9 9 2.00 4.50 89 812.3 806.3 12-12-19 Approximate Surface Elevation = 816.3 feet Plate A.53 Log B-51 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 Material boundaries are approximate; in situ, transitions may be gradual. 32.58679° N 97.39425° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 27, Lot 51 74-17-57 FAT CLAY (CH) - dark brown, trace organics and calcareous nodules FAT CLAY WITH GRAVEL (CH) - brown with tan weathered limestone fragments - push-tube refusal at approximately 8 feet WEATHERED LIMESTONE - tan Boring Terminated at Approximately 15 Feet 5-6-6N=12 50/1½"50/1" 50/1"50/¾" 99 35 32 26 20 21 13 15 0.5 2.50 2.00 4.00 3.50 72 811.0 805.0 800.0 12-12-19 Approximate Surface Elevation = 815.0 feet Plate A.54 Log B-52 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 Material boundaries are approximate; in situ, transitions may be gradual. 32.58638° N 97.39358° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Amenity Center 69-24-45 FAT CLAY WITH GRAVEL (CH) - dark brown - trace calcareous nodules - push-tube refusal at approximately 6 feet, tan clay with weathered limestone fragments WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 15 Feet 7-4-8N=12 50/1"50/¾" 50/½"50/¼" 26 23 25 16 18 18 2.00 2.00 4.00 72 804.0 798.0 797.0 12-12-19 Approximate Surface Elevation = 812.0 feet Plate A.55 Log B-53 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day 10 13 Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 Material boundaries are approximate; in situ, transitions may be gradual. 32.58678° N 97.39187° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Mill Falls Drive 66-19-47 55-21-34 FAT CLAY (CH) - dark brown, with calcareous nodules GRAVELLY FAT CLAY (CH) - brown with tan weathered limestone fragments WEATHERED LIMESTONE - tan Boring Terminated at Approximately 15 Feet Proposed Elevation = 812.0 Feet Approximate Grading = 2.0 Feet Fill 23-30-20N=50 50/½"50/¼" 29 28 26 17 15 11 2.50 3.00 4.50 4.50 83 62 804.0 798.0 795.0 12-12-19 Approximate Surface Elevation = 810.0 feet Plate A.56 Log B-54 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 Material boundaries are approximate; in situ, transitions may be gradual. 32.58675° N 97.39124° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 25, Lot 6 72-23-49 FAT CLAY (CH) - dark brown, trace calcareous nodules - tan, with sand - dark brown/dark gray - dark gray, hard, shaley Boring Terminated at Approximately 20 Feet Proposed Elevation = 812.6 Feet Approximate Grading = 3.5 Feet Fill 101 28 27 26 22 28 23 18 0.6 2.50 3.00 3.75 3.50 4.5+ 4.5+ 4.5+ 79 789.0 12-12-19 Approximate Surface Elevation = 809.0 feet Plate A.57 Log B-55 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58685° N 97.39061° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 25, Lot 10 73-25-48 FAT CLAY (CH) - dark brown, trace calcareous nodules - with calcareous deposits and ferrous stains - tan, with ferrous stains and calcareous deposits - dark gray, hard, shaley Boring Terminated at Approximately 20 Feet 100 29 25 27 23 26 21 18 0.3 3.25 3.50 4.25 4.5+ 4.5+ 4.5+ 4.5+ 79 788.5 12-12-19 Approximate Surface Elevation = 808.5 feet Plate A.58 Log B-56 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58687° N 97.39002° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Mill Falls Drive FAT CLAY (CH) - dark brown - push-tube refusal at approximately 2 feet WEATHERED LIMESTONE - tan, auger refusal at approximately 5 feet Boring Terminated at Approximately 5 Feet 50/2" 50/¼"50/¼" 2.75 805.0 802.0 12-12-19 Approximate Surface Elevation = 807.0 feet Plate A.59 Log B-57 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 Material boundaries are approximate; in situ, transitions may be gradual. 32.58674° N 97.38945° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Mill Falls Drive FAT CLAY (CH) - dark brown, push-tube refusal at approximately 2 feet - transitioning to weathered limestone WEATHERED LIMESTONE - tan - with soft layers from approximately 5 to 10 feet LIMESTONE - gray Boring Terminated at Approximately 20 Feet 10-50/6'' 50/4"50/3½" 50/½"50/¼" 50/½"50/¼" 50/¼"50/¼" 25 9 8 13 17 8 2.75 28 825.5 814.0 808.0 12-12-19 Approximate Surface Elevation = 828.0 feet Plate A.60 Log B-58 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58760° N 97.39731° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Hulen Street 33-20-13 FAT CLAY (CH) - brown, trace organics MARL - tan, trace ferrous stains and calcareous nodules WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 39-50/6'' 50/¾"50/¼" 50/1"50/¾" 50/¼"50/¼" 114 31 16 20 9 0.1 4.5+ 4.5+ 4.5+ 75 832.0 828.0 821.5 814.0 12-12-19 Approximate Surface Elevation = 834.0 feet Plate A.61 Log B-59 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58653° N 97.39733° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Hulen Street 43-16-27 FAT CLAY (CH) - brown, with ferrous stains and calcareous deposits CLAYEY GRAVEL (GC) - tan, with weathered limestone fragments WEATHERED LIMESTONE - tan Boring Terminated at Approximately 10 Feet 7-7-6N=13 50/1¼"50/1" 50/½"50/½" 34 19 7 6 4.50 48 830.0 828.0 822.0 12-12-19 Approximate Surface Elevation = 832.0 feet Plate A.62 Log B-60 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 Material boundaries are approximate; in situ, transitions may be gradual. 32.58621° N 97.39662° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Moss Cove Drive 72-23-49 FAT CLAY (CH) - dark brown, trace organics - with weathered limestone fragments - push-tube refusal at approximately 3 feet WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 826.1 Feet Approximate Grading = 1.5 Feet Cut 50/2" 50/1½"50/1" 50/¾"50/½" 50/½"50/¼" 50/½"50/¼" 31 35 12 9 9 9 7 2.00 3.00 83 824.5 811.5 807.5 12-12-19 Approximate Surface Elevation = 827.5 feet Plate A.63 Log B-61 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58622° N 97.39601° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 17, Lot 13 64-25-39 FAT CLAY (CH) - dark brown, trace organics and calcareous nodules MARL - tan, with weathered limestone fragments WEATHERED LIMESTONE - tan, with weathered limestone fragments LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 825.8 Feet Approximate Grading = 2.3 Feet Fill 8-14-9N=23 50/¾"50/½" 50/½"50/¼" 50/¼"50/¼" 105 32 25 13 17 8 11 7 2.8 3.00 4.50 3.50 81 819.5 815.5 805.0 803.5 12-12-19 Approximate Surface Elevation = 823.5 feet Plate A.64 Log B-62 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58622° N 97.39542° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 18, Lot 3 65-20-45 FAT CLAY (CH) - dark brown - trace weathered limestone fragments CLAYEY GRAVEL (GC) - tan WEATHERED LIMESTONE - tan Boring Terminated at Approximately 15 Feet Proposed Elevation = 819.9 Feet Approximate Grading = 0.4 Feet Fill 27-14-17N=31 50/¾"50/½" 50/½"50/½" 33 27 8 8 9 3.00 2.50 26 815.5 813.5 804.5 12-12-19 Approximate Surface Elevation = 819.5 feet Plate A.65 Log B-63 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 Material boundaries are approximate; in situ, transitions may be gradual. 32.58622° N 97.39484° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 18, Lot 14 52-18-34 FAT CLAY (CH) - dark brown, trace organics - tan, hard, with ferrous stains and calcareous deposits WEATHERED LIMESTONE - tan with gray LIMESTONE - gray Boring Terminated at Approximately 12 Feet Proposed Elevation = 820.2 Feet Approximate Grading = 3.6 Feet Fill 115 34 25 15 15 13 1.8 2.25 4.5+ 4.5+ 4.5+ 4.5+ 93 806.6 805.6 804.6 12-12-19 Approximate Surface Elevation = 816.6 feet Plate A.66 Log B-64 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 Material boundaries are approximate; in situ, transitions may be gradual. 32.58622° N 97.39424° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 18, Lot 11 45-21-24 LEAN CLAY (CL) - dark brown, trace organics WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 40-50/3'' 50/2"50/½" 50/¾"50/½" 50/1"50/¼" 50/¼"50/¼" 8922 6 7 7 0.54.5+ 78 834.0 824.0 816.0 12-12-19 Approximate Surface Elevation = 836.0 feet Plate A.67 Log B-65 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58594° N 97.39732° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Hulen Street 58-21-37 FAT CLAY (CH) - dark brown, trace organics - trace ferrous stains and calcareous nodules WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet 50/½"50/½" 50/3"50/2½" 50/1"50/¾" 50/¾"50/½" 50/¼"50/¼" 109 31 27 7 9 1.1 3.50 4.5+ 82 828.0 818.0 812.0 12-12-19 Approximate Surface Elevation = 832.0 feet Plate A.68 Log B-66 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58570° N 97.39660° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Moss Cove Drive 82-30-52 FAT CLAY (CH) - dark brown, trace organics - trace ferrous stains and calcareous nodules WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 827.7 Feet Approximate Grading = 0.6 Feet Cut 50/2"50/4" 50/1"50/¾" 50/½"50/½" 50/¼"50/¼" 50/¼"50/¼" 35 29 11 2.75 3.00 81 824.2 816.2 808.2 12-12-19 Approximate Surface Elevation = 828.2 feet Plate A.69 Log B-67 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58569° N 97.39601° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 17, Lot 9 63-25-38 GRAVELLY FAT CLAY (CH) - dark brown, with tan weathered limestone fragments - push-tube refusal at approximately 2 feet WEATHERED LIMESTONE - tan - auger refusal at approximately 6 feet Boring Terminated at Approximately 6 Feet Proposed Elevation = 826.8 Feet Approximate Grading = 3.3 Feet Fill 50/½"50/½" 50/¼"50/¼" 37 9 8 4.5+ 67 821.5 817.5 12-12-19 Approximate Surface Elevation = 823.5 feet Plate A.70 Log B-68 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 Material boundaries are approximate; in situ, transitions may be gradual. 32.58569° N 97.39542° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 18, Lot 6 72-25-47 FAT CLAY (CH) - dark brown, trace organics - trace calcareous nodules and gravel - push-tube refusal at approximately 4 feet WEATHERED LIMESTONE - light tan - auger refusal at approximately 15 feet Boring Terminated at Approximately 15 Feet Proposed Elevation = 823.4 Feet Approximate Grading = 3.6 Feet Fill 50/¾"50/½" 50/1"50/¾" 50/¾"50/½" 50/¼"50/¼" 89 35 24 10 7 10 8 0.4 2.25 4.50 82 815.8 804.8 12-12-19 Approximate Surface Elevation = 819.8 feet Plate A.71 Log B-69 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 Material boundaries are approximate; in situ, transitions may be gradual. 32.58570° N 97.39484° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 18, Lot 8 64-24-40 FAT CLAY (CH) - dark brown, with calcareous nodules - push-tube refusal at approximately 4 feet WEATHERED LIMESTONE - tan - auger refusal at approximately 10 feet Boring Terminated at Approximately 10 Feet Proposed Elevation = 820.1 Feet Approximate Grading = 2.8 Feet Fill 50/1"50/¾" 50/¾"50/½" 50/¼"50/¼" 10029 25 11 10 10 2.34.00 4.5+ 76 813.2 807.2 12-12-19 Approximate Surface Elevation = 817.2 feet Plate A.72 Log B-70 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 Material boundaries are approximate; in situ, transitions may be gradual. 32.58570° N 97.39424° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 24, Lot 5 75-29-46 FAT CLAY (CH) - dark brown, trace calcareous nodules - push-tube refusal at approximately 3 feet WEATHERED LIMESTONE - tan LIMESTONE - gray Boring Terminated at Approximately 20 Feet Proposed Elevation = 825.9 Feet Approximate Grading = 2.4 Feet Fill 10-50/6'' 50/½"50/½" 50/1½"50/1" 50/¾"50/½" 50/½"50/½" 28 34 25 8 11 10 8 3.00 1.50 85 819.5 807.5 803.5 12-12-19 Approximate Surface Elevation = 823.5 feet Plate A.73 Log B-71 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 15 20 Material boundaries are approximate; in situ, transitions may be gradual. 32.58515° N 97.39542° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 24, Lot 12 69-22-47 FAT CLAY (CH) - dark brown, with calcareous nodules - push-tube refusal at approximately 4 feet WEATHERED LIMESTONE - tan - auger refusal at approximately 13 feet Boring Terminated at Approximately 13 Feet Proposed Elevation = 822.4 Feet Approximate Grading = 2.4 Feet Fill 50/2¼"50/1¼" 50/¾"50/½" 50/¾"50/¾" 50/¼"50/¼" 29 23 7 7 9 13 3.00 4.5+ 78 816.0 807.0 12-12-19 Approximate Surface Elevation = 820.0 feet Plate A.74 Log B-72 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Stratum Description While Drilling At Boring Completion End of Day Not Observed Not Observed Not Measured Swell %Sample TypeElevation, ft.Moisture Content %Depth, ft.SymbolUnconfinedCompression, psf5 10 Material boundaries are approximate; in situ, transitions may be gradual. 32.58515° N 97.39484° W Driller: Larry - DAS Drilling Method: Continuous Flight AugersThis boring log should not be considered valid if separated from the remainder of the geotechnical report.AtterbergLimitsLL-PL-PI Latitude Longitude Project No. 19-23950 Dry Unit Weight, pcfPenetrometerReading, tsfWater LevelObservationsPassing No. 200Sieve %Water Level Observations (feet)Date SPT or TCPBoring Location Block 24, Lot 9 0 10 20 30 40 50 60 70 0 20 40 60 80 100 120 P L A S T I C I T Y I N D E X PL PI Fines Boring Depth (ft) LL PL PI Fines 0 4 2 5 0 6 3 8 2 4 0 2 0 0 0 0 4 2 0 6 64 40 85 43 68 56 33 68 39 33 70 57 59 58 67 69 70 78 68 36 84 82 86 43 83 86 67 88 82 81 75 76 75 69 83 90 84 81 83 84 67 64 71 68 88 61 60 70 64 49 69 84 56 63 53 74 41 71 62 45 24 23 30 22 29 23 22 22 19 18 24 30 23 28 21 25 15 25 25 16 43 41 41 46 59 38 38 48 45 31 45 54 33 35 32 49 26 46 37 29 88 84 48 74 78 80 72 85 83 73 85 82 81 79 64 72 40 90 73 90 REVISED BY: REVISED BY: FILE NAME 19-23950.DWG APPROVED BY:emh PROJECT NO: 19-23950 LIQUID LIMIT 23 16 25 16 25 19 17 24 16 15 26 18 23 22 27 26 22 23 24 15 41 24 60 27 43 37 16 44 23 18 44 39 36 36 40 43 48 55 44 21 2 0 2 0 2 0 0 2 0 4 2 4 0 0 0 2 4 2 0 3 B-1 B-1 B-2 B-3 B-4 B-4 B-5 B-5 B-6 B-7 B-8 B-8 B-9 B-10 B-12 B-13 B-13 B-14 B-15 B-15 B-17 B-18 B-19 B-20 B-21 B-22 B-23 B-24 B-25 B-25 B-26 B-27 B-28 B-29 B-30 B-31 B-32 B-33 B-35 B-36 Depth (ft) LL ATTERBERG LIMITS TEST RESULTS DATE: DATE: DATE:01-28-2020 DATE:01-28-2020 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Boring PLATE A.75 CL-ML DRAWN BY:BT 0 10 20 30 40 50 60 70 0 20 40 60 80 100 120 P L A S T I C I T Y I N D E X PL PI Fines Boring Depth (ft) LL PL PI Fines 0 3 0 4 2 2 6 4 0 2 0 13 4 19 2 0 0 4 0 0 47 48 66 49 72 72 43 80 56 75 64 59 69 67 32 68 72 45 65 74 55 14 82 74 79 78 75 86 86 90 87 100 82 99 72 77 78 84 87 89 74 69 66 55 72 73 33 43 72 64 65 52 45 58 82 63 72 64 75 69 17 24 19 21 23 25 20 16 23 25 20 18 21 21 30 25 25 24 29 22 57 45 47 34 49 48 13 27 49 39 45 34 24 37 52 38 47 40 46 47 72 72 83 62 79 79 75 48 83 81 26 93 78 82 81 67 82 76 85 78 REVISED BY: REVISED BY: FILE NAME 19-23950.DWG APPROVED BY:emh PROJECT NO: 19-23950 LIQUID LIMIT 17 13 23 15 23 26 17 28 22 25 21 25 22 22 16 27 19 20 21 24 30 35 43 34 49 46 26 52 34 50 43 34 47 45 16 41 53 25 44 50 4 2 0 6 4 2 2 2 0 2 4 4 0 2 2 0 2 0 0 2 B-37 B-37 B-38 B-38 B-39 B-40 B-40 B-41 B-42 B-43 B-44 B-44 B-45 B-45 B-47 B-48 B-49 B-49 B-50 B-51 B-52 B-53 B-54 B-54 B-55 B-56 B-59 B-60 B-61 B-62 B-63 B-64 B-65 B-66 B-67 B-68 B-69 B-70 B-71 B-72 Depth (ft) LL ATTERBERG LIMITS TEST RESULTS DATE: DATE: DATE:01-28-2020 DATE:01-28-2020 Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Boring PLATE A.75 CL-ML DRAWN BY:BT SOIL OR ROCK TYPES TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50% Passing No. 200 Sieve) Consistency Very Soft Soft Firm Hard Very Hard Penetrometer Reading, (tsf) < 0.5 0.5 to 1.0 1.0 to 2.0 2.0 to 4.0 > 4.0 Unconfined Compression, (psf) < 1000 1000 to 2000 2000 to 4000 4000 to 8000 > 8000 Coarse Grained Soils (More than 50% Retained on No. 200 Sieve) Penetration Resistance (Blows / Foot) 0 to 4 4 to 10 10 to 30 30 to 50 Over 50 Descriptive Item Very Loose Loose Medium Dense Dense Very Dense Relative Density 0 to 20% 20 to 40% 40 to 70% 70 to 90% 90 to 100% Soil Structure Calcareous Slickensided Laminated Fissured Interbedded Contains appreciable deposits of calcium carbonate; generally nodular Having inclined planes of weakness that ate slick and glossy in appearance Composed of thin layers of varying color or texture Containing cracks, sometimes filled with fine sand or silt Composed of alternated layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Soft Moderately Hard Hard Very Hard Poorly Cemented or Friable Cemented Can be remolded in hand; corresponds in consistency up to hard in soils Can be scratched with fingernail Can be scratched easily with knife; cannot be scratched with fingernail Difficult to scratch with knife Cannot be scratched with knife Easily crumbled Bound together by chemically precipitated material; Quartz, calcite, dolomite, siderite, and iron oxide are common cementing materials. Degree of Weathering Unweathered Slightly Weathered Weathered Extremely Weathered Rock in its natural state before being exposed to atmospheric agents Noted predominantly by color change with no disintegrated zones Complete color change with zones of slightly decomposed rock Complete color change with consistency, texture, and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATE A.76 Shelby Tube Split Spoon CFA Texas Cone Pen Rock Core DRILLING AND SAMPLING METHODS HSA Gravelly Lean Clay (CL) Undocumented Fill Lean Clay (CL) Fat Clay (CH) Gravelly Fat Clay (CH) Clayey Gravel (GC) Silt (ML) Poorly-Graded Sand (SP) Well-Graded Sand (SW) Clayey Sand (SC) Well-Graded Gravel (GW) Marl Weathered Shale Shale Weathered Limestone Limestone UNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.77Coarse - Grained Soils(more than half of the material is larger than No. 200 Sieve size)Major Divisions Gravels(more than half of coarse fraction is largerthan No. 4 Sieve size)Sands(more than half of coarse fraction issmaller than No. 4 Sieve size)Sands with fines(Appreciableamount of fines)Clean sands(Little or no fines)Gravels with fines(Appreciableamount of fines)Clean gravels(Little or no fines)Grp. Sym. GW GP GM GC SW SP SM SC Typical Names Well graded gravels, gravel-sand mixtures, little or no fines Poorly graded gravels, gravel-sand mixtures, little or no fines Silty gravels, gravel - sand - silt mixtures Clayey gravels, gravel - sand - clay mixtures Well graded sands, gravelly sands, little or no fines Poorly graded sands, gravelly sands, little or no fines Silty sands, sand silt mixtures Clayey sands, sand clay mixtures Determine percentages of sand and gravel form grain size curve.Depending on percentage of fines (fraction smaller than No. 200 sieve size), coarse-grained soilsare classified as followsLess than 5 percent..............................GW,GP,SW,SPMore than 12 percent............................GM,GC,SM,SC5 to 12 percent......Borderline cases requiring dual symbolsLaboratory Classification Criteria C = ---- greater than 4:u D D60 10 C = ------ between 1 and 3cD x D (D )30 10 60 2 Not meeting all gradation requirements for GW Liquid and Plastic limits below "A" line or P.I. greater than 4 Liquid and Plastic limits above "A" line with P.I. greater than 7 Liquid and plastic limits plotting in hatched zone between 4 and 7 are borderline cases requiring use of dual symbols C = ---- greater than 6:u D D60 10 C = ------ between 1 and 3cD x D (D )30 10 60 2 Not meeting all gradation requirements for SW Liquid and Plastic limits below "A" line or P.I. less than 4 Liquid and Plastic limits above "A" line with P.I. greater than 7 Liquid and plastic limits plotting between 4 and 7 are borderline cases requiring use of dual symbols Fine - Grained Soils(more than half of the material is smaller than No. 200 Sieve)Silts and Clays(Liquid limit lessthan 50)Silts and Clays(Liquid limit greaterthan 50)HighlyOrganicsoilsML CL OL Inorganic silts and very fine sands, rock flour, silty or clayey fine sands, or clayey silts with slight plasticity Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, and lean clays Organic silts and organic silty clays of low plasticity MH CH OH Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts Inorganic clays of high plasticity, fat clays Organic clays of medium to high plasticity, organic silts Pt Peat and other highly organic soils CH OH and MH ML and OL"A" LineCL 10 20 30 40 50 60 10 20 30 40 50 60 70 80 90 1000 0 CL-MLPLASTICITY INDEXLIQUID LIMIT PLASTICITY CHART PLATE A.78 SWELL TEST RESULTS Hulen Trails Phase 1 Final North of West Cleburne Crowley Road Fort Worth, Texas Rone Project Number: 19-23950 Boring Depth (ft) Liquid Limit Plastic Limit Plasticity Index Initial MC (%) Final MC (%) Load (psf) Swell (%) B-2 3 85 25 60 28 32 375 1.5 B-6 3 39 16 23 17 19 375 0.1 B-7 5 33 15 18 10 21 625 -0.4 B-8 3 57 18 39 29 30 375 1.0 B-13 5 70 22 49 20 26 625 4.5 B-14 3 78 23 55 34 35 375 0.5 B-17 3 67 24 43 29 32 375 1.5 B-20 1 68 22 46 21 22 125 0.9 B-23 1 60 22 39 25 27 125 0.3 B-28 1 56 23 33 30 33 125 0.3 B-33 3 71 25 46 32 33 375 0.3 B-38 5 49 15 34 19 22 625 2.4 B-39 3 72 23 49 24 27 375 1.6 B-41 5 80 28 52 22 28 625 7.6 B-48 1 68 27 41 28 32 125 0.6 B-52 5 74 17 57 24 26 625 0.5 B-55 5 72 23 49 27 28 625 0.6 B-56 3 73 25 48 25 27 375 0.3 B-59 3 33 20 13 17 18 375 0.1 B-62 3 64 25 39 23 26 375 2.8 B-64 5 52 18 34 18 21 625 1.8 B-65 1 45 21 23 26 30 125 0.5 B-66 3 58 21 37 19 21 375 1.1 B-69 3 72 25 47 32 33 375 0.4 B-70 1 64 24 40 26 28 125 2.3 APPENDIX B B.1 FIELD OPERATIONS Subsurface conditions were defined by 71 borings located as shown on the Boring Location Diagram, Plate A.3. The borings were drilled at locations staked in the field by Rone. The borings were advanced between sample intervals using continuous-flight auger drilling procedures. The results of each boring, including sample depth, description, and soil classification based on the Unified Soil Classification System (USCS), are shown graphically on the boring logs, Plates A.4 through A.74. Keys to the symbols and terms used on the boring logs are also presented in Appendix A. Relatively undisturbed samples of cohesive soils were obtained with Shelby tube samplers in general accordance with ASTM D1587 at the locations and depths shown on the boring logs. The Shelby tube sampler consists of a steel tube with a sharp cutting edge connected to a head equipped with a ball valve threaded for rod connection. The tube is hydraulically pushed into the undisturbed soils by the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency with a hand penetrometer, and sealed for transport to the laboratory. The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this test, a 0.25-inch diameter piston is pushed into the sample at a constant rate to a depth of 0.25-inch. The results of these tests are tabulated at the respective sample depths on the boring logs. When the capacity of the penetrometer is exceeded, the value is tabulated as “4.5+”. Samples of stiff and/or granular materials were obtained using split-barrel sampling procedures in general accordance with ASTM D1586. In the split-barrel procedure, a disturbed sample is obtained in a standard 2-inch OD split-barrel sampler driven 18 inches into the ground using a 140-pound hammer falling freely 30 inches. The number of blows for the last 12 inches of the 18- inch penetration is recorded as the Standard Penetration Test resistance (N-value). The N-values are recorded on the Logs of Boring at the depth of sampling. The samples were packaged and returned to our laboratory for further examination and testing. Rock and rock-like materials encountered in the borings were evaluated with a modified version of the Texas Cone Penetration (TCP) test. Texas Department of Transportation (TxDOT) Test Method Tex-132-E specifies driving a 3-inch diameter cone with a 170-pound hammer freely falling B.1 24 inches. This results in 340 foot-pounds of energy for each hammer blow. This method was modified by using a 140-pound hammer falling 30 inches, resulting in 350 foot-pounds of per blow. In relatively soft materials, the penetrometer cone is driven 1 foot and the number of blows required for each 6-inch increment is recorded at the respective test depth on the log of boring. In hard materials (rock or rock-like), the penetrometer cone is driven 100 blows, and the resulting penetration distances are recorded in inches for the first and second sets of 50 blows. The penetration for the total 100 blows is recorded at the respective testing depths on the Logs of Boring. Groundwater observations during and after completion of the borings are shown on each boring log. Upon completion of the borings, the boreholes were backfilled from the top with auger cuttings and plugged at the surface. B.2 LABORATORY TESTING General Laboratory tests were performed to define pertinent engineering characteristics of the soils encountered. The laboratory tests included moisture content, Atterberg limits determination, free swell tests, dry unit weight, unconfined compression, gradation, and visual classification. Classification Tests Classification of soils was verified by natural moisture content, gradation (percentage of material passing through a standard U.S. No. 200 sieve), and Atterberg limits determinations. These tests were performed in general accordance with the applicable American Society for Testing and Materials (ASTM) procedures. These test results are presented at their respective sample depths on the boring logs. Free Swell Tests In the free swell test, a sample is placed in a consolidometer and subjected to the estimated overburden pressure. The sample is then inundated with water and allowed to swell. The sample’s moisture content is determined both before and after completion of the test. The tests were generally performed on samples with moisture contents at or below their measured plastic limits. Test results are recorded as the percent swell, with initial and final moisture content. Free swell test results are presented in Appendix A. APPENDIX C Geotechnical-Engineering Report Important Information about This Subsurface problems are a principal cause of construction delays, cost overruns, claims, and disputes. While you cannot eliminate all such risks, you can manage them. The following information is provided to help. The Geoprofessional Business Association (GBA) has prepared this advisory to help you – assumedly a client representative – interpret and apply this geotechnical-engineering report as effectively as possible. In that way, you can benefit from a lowered exposure to problems associated with subsurface conditions at project sites and development of them that, for decades, have been a principal cause of construction delays, cost overruns, claims, and disputes. If you have questions or want more information about any of the issues discussed herein, contact your GBA-member geotechnical engineer. Active engagement in GBA exposes geotechnical engineers to a wide array of risk-confrontation techniques that can be of genuine benefit for everyone involved with a construction project. Understand the Geotechnical-Engineering Services Provided for this Report Geotechnical-engineering services typically include the planning, collection, interpretation, and analysis of exploratory data from widely spaced borings and/or test pits. Field data are combined with results from laboratory tests of soil and rock samples obtained from field exploration (if applicable), observations made during site reconnaissance, and historical information to form one or more models of the expected subsurface conditions beneath the site. Local geology and alterations of the site surface and subsurface by previous and proposed construction are also important considerations. Geotechnical engineers apply their engineering training, experience, and judgment to adapt the requirements of the prospective project to the subsurface model(s). Estimates are made of the subsurface conditions that will likely be exposed during construction as well as the expected performance of foundations and other structures being planned and/or affected by construction activities. The culmination of these geotechnical-engineering services is typically a geotechnical-engineering report providing the data obtained, a discussion of the subsurface model(s), the engineering and geologic engineering assessments and analyses made, and the recommendations developed to satisfy the given requirements of the project. These reports may be titled investigations, explorations, studies, assessments, or evaluations. Regardless of the title used, the geotechnical-engineering report is an engineering interpretation of the subsurface conditions within the context of the project and does not represent a close examination, systematic inquiry, or thorough investigation of all site and subsurface conditions. Geotechnical-Engineering Services are Performed for Specific Purposes, Persons, and Projects, and At Specific Times Geotechnical engineers structure their services to meet the specific needs, goals, and risk management preferences of their clients. A geotechnical-engineering study conducted for a given civil engineer will not likely meet the needs of a civil-works constructor or even a different civil engineer. Because each geotechnical-engineering study is unique, each geotechnical-engineering report is unique, prepared solely for the client. Likewise, geotechnical-engineering services are performed for a specific project and purpose. For example, it is unlikely that a geotechnical- engineering study for a refrigerated warehouse will be the same as one prepared for a parking garage; and a few borings drilled during a preliminary study to evaluate site feasibility will not be adequate to develop geotechnical design recommendations for the project. Do not rely on this report if your geotechnical engineer prepared it: •for a different client; •for a different project or purpose; •for a different site (that may or may not include all or a portion of the original site); or •before important events occurred at the site or adjacent to it; e.g., man-made events like construction or environmental remediation, or natural events like floods, droughts, earthquakes, or groundwater fluctuations. Note, too, the reliability of a geotechnical-engineering report can be affected by the passage of time, because of factors like changed subsurface conditions; new or modified codes, standards, or regulations; or new techniques or tools. If you are the least bit uncertain about the continued reliability of this report, contact your geotechnical engineer before applying the recommendations in it. A minor amount of additional testing or analysis after the passage of time – if any is required at all – could prevent major problems. Read this Report in Full Costly problems have occurred because those relying on a geotechnical- engineering report did not read the report in its entirety. Do not rely on an executive summary. Do not read selective elements only. Read and refer to the report in full. You Need to Inform Your Geotechnical Engineer About Change Your geotechnical engineer considered unique, project-specific factors when developing the scope of study behind this report and developing the confirmation-dependent recommendations the report conveys. Typical changes that could erode the reliability of this report include those that affect: •the site’s size or shape; •the elevation, configuration, location, orientation, function or weight of the proposed structure and the desired performance criteria; •the composition of the design team; or •project ownership. As a general rule, always inform your geotechnical engineer of project or site changes – even minor ones – and request an assessment of their impact. The geotechnical engineer who prepared this report cannot accept responsibility or liability for problems that arise because the geotechnical engineer was not informed about developments the engineer otherwise would have considered. Most of the “Findings” Related in This Report Are Professional Opinions Before construction begins, geotechnical engineers explore a site’s subsurface using various sampling and testing procedures. Geotechnical engineers can observe actual subsurface conditions only at those specific locations where sampling and testing is performed. The data derived from that sampling and testing were reviewed by your geotechnical engineer, who then applied professional judgement to form opinions about subsurface conditions throughout the site. Actual sitewide-subsurface conditions may differ – maybe significantly – from those indicated in this report. Confront that risk by retaining your geotechnical engineer to serve on the design team through project completion to obtain informed guidance quickly, whenever needed. This Report’s Recommendations Are Confirmation-Dependent The recommendations included in this report – including any options or alternatives – are confirmation-dependent. In other words, they are not final, because the geotechnical engineer who developed them relied heavily on judgement and opinion to do so. Your geotechnical engineer can finalize the recommendations only after observing actual subsurface conditions exposed during construction. If through observation your geotechnical engineer confirms that the conditions assumed to exist actually do exist, the recommendations can be relied upon, assuming no other changes have occurred. The geotechnical engineer who prepared this report cannot assume responsibility or liability for confirmation-dependent recommendations if you fail to retain that engineer to perform construction observation. This Report Could Be Misinterpreted Other design professionals’ misinterpretation of geotechnical- engineering reports has resulted in costly problems. Confront that risk by having your geotechnical engineer serve as a continuing member of the design team, to: •confer with other design-team members; •help develop specifications; •review pertinent elements of other design professionals’ plans and specifications; and • be available whenever geotechnical-engineering guidance is needed. You should also confront the risk of constructors misinterpreting this report. Do so by retaining your geotechnical engineer to participate in prebid and preconstruction conferences and to perform construction- phase observations. Give Constructors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can shift unanticipated-subsurface-conditions liability to constructors by limiting the information they provide for bid preparation. To help prevent the costly, contentious problems this practice has caused, include the complete geotechnical-engineering report, along with any attachments or appendices, with your contract documents, but be certain to note conspicuously that you’ve included the material for information purposes only. To avoid misunderstanding, you may also want to note that “informational purposes” means constructors have no right to rely on the interpretations, opinions, conclusions, or recommendations in the report. Be certain that constructors know they may learn about specific project requirements, including options selected from the report, only from the design drawings and specifications. Remind constructors that they may perform their own studies if they want to, and be sure to allow enough time to permit them to do so. Only then might you be in a position to give constructors the information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. Conducting prebid and preconstruction conferences can also be valuable in this respect. Read Responsibility Provisions Closely Some client representatives, design professionals, and constructors do not realize that geotechnical engineering is far less exact than other engineering disciplines. This happens in part because soil and rock on project sites are typically heterogeneous and not manufactured materials with well-defined engineering properties like steel and concrete. That lack of understanding has nurtured unrealistic expectations that have resulted in disappointments, delays, cost overruns, claims, and disputes. To confront that risk, geotechnical engineers commonly include explanatory provisions in their reports. Sometimes labeled “limitations,” many of these provisions indicate where geotechnical engineers’ responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. Geoenvironmental Concerns Are Not Covered The personnel, equipment, and techniques used to perform an environmental study – e.g., a “phase-one” or “phase-two” environmental site assessment – differ significantly from those used to perform a geotechnical-engineering study. For that reason, a geotechnical-engineering report does not usually provide environmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated subsurface environmental problems have led to project failures. If you have not obtained your own environmental information about the project site, ask your geotechnical consultant for a recommendation on how to find environmental risk-management guidance. Obtain Professional Assistance to Deal with Moisture Infiltration and Mold While your geotechnical engineer may have addressed groundwater, water infiltration, or similar issues in this report, the engineer’s services were not designed, conducted, or intended to prevent migration of moisture – including water vapor – from the soil through building slabs and walls and into the building interior, where it can cause mold growth and material-performance deficiencies. Accordingly, proper implementation of the geotechnical engineer’s recommendations will not of itself be sufficient to prevent moisture infiltration. Confront the risk of moisture infiltration by including building-envelope or mold specialists on the design team. Geotechnical engineers are not building-envelope or mold specialists. Copyright 2019 by Geoprofessional Business Association (GBA). Duplication, reproduction, or copying of this document, in whole or in part, by any means whatsoever, is strictly prohibited, except with GBA’s specific written permission. Excerpting, quoting, or otherwise extracting wording from this document is permitted only with the express written permission of GBA, and only for purposes of scholarly research or book review. Only members of GBA may use this document or its wording as a complement to or as an element of a report of any kind. Any other firm, individual, or other entity that so uses this document without being a GBA member could be committing negligent Telephone: 301/565-2733 e-mail: info@geoprofessional.org www.geoprofessional.org