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Home My WebLink AboutContract 57449-PM2CSC No. 57449-PM2 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised September 30, 2021 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 00 05 10 Mayor and Council Communication 07/01/2011 00 05 15 Addenda 07/01/2011 00 11 13 Invitation to Bidders 07/19/2021 00 21 13 Instructions to Bidders 08/13/2021 00 35 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 00 43 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 00 45 11 Bidders Prequalifications 08/13/2011 00 45 12 Prequalification Statement 09/30/2021 00 45 13 Prequalification Application 08/13/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 07/19/2021 00 52 43 Agreement 09/01/2021 00 61 13 Performance Bond 07/01/2011 00 61 14 Payment Bond 07/01/2011 00 61 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2020 00 73 00 Supplementary Conditions 03/09/2020 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2011 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 12/20/2012 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised September 30, 2021 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project’s Contract Documents NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 12/20/2012 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 00 00 Site Clearing 03/22/2021 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 04/29/2021 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised September 30, 2021 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 03/19/2021 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 04/29/2021 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 14 16 Brick Unit Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 17 23 Pavement Markings 11/22/2013 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Sodding 05/13/2021 32 92 14 Non-Native Seeding 05/13/2021 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 9/07/2018 33 01 31 Closed Circuit Television (CCTV) Inspection 04/29/2021 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 33 05 10 Utility Trench Excavation, Embedment, and Backfill 04/02/2021 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings 07/02/2021 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 09/20/2017 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 09/20/2017 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised September 30, 2021 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 05/06/2015 33 12 21 AWWA Rubber-Seated Butterfly Valves 04/23/2019 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 04/23/2019 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Liners for Sanitary Sewer Structures 04/29/2021 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethylene (SRPE) Pipe 11/13/2015 33 41 13 Polypropylene Pipe for Storm Drain 4/02/2021 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A – Controller Cabinet 12/18/2015 34 41 10.02 Attachment B – Controller Specification 02/2012 34 41 10.03 Attachment C – Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised September 30, 2021 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 03/22/2021 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 END OF SECTION 00 05 10 - 1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page 1 of 1 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised July 1, 2011 SECTION 00 05 10 1 MAYOR AND COUNCIL COMMUNICATION (M&C) 2 3 4 5 [Assembler: For Contract Document execution, remove this page and replace with the approved 6 M&C for the award of the project. M&C insert shall be on blue paper.] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 24, 2020 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary’s Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercises discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://www.ethics.state.tx.us/data/forms/conflict/CIS.pdf CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form does not apply CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: _____________________________________ By: ___________________________________ Company (Please Print) _____________________________________ Signature: ______________________________ Address _____________________________________ Title: __________________________________ City/State/Zip (Please Print) END OF SECTION 00 45 12 i)Ak' }�REQI,ALIPICAl'ION STATEYSENT Yage 1 of 1 SECTION 00 4512 DAP — PREQUALIFICATION STI�TEMENT Eacl� Bidder is required to comple�e tkae inforrxm.ation belovv by identifying the prequalif ed cantractors and/or subcontractors whom they intend to utilize for the major work type(s)1isted. In the "Major Work Tv�e" box provide the complete ma�or work t�pe and actual description as pravid�d bv the Water Department_for v��ater and sew�r and TFW for payin� Ma}or Wark Type Contractor/S�bcontractor Company Name Prequaiification Ex iration Date lh'ater & Wastewater fo� �lr.�; L��oo�� D3•ea�� Additif�� ia O en Cut Sior�� Drai��age I��p�,ovc��nts t'or Bl��e Lagoon Dre�aE�� Additioi� via O en Cut P�v�ng Imprc�veillents for Bl�ic il��c.�.�;t�l;n�� C�ntr�cti��g. i�[s <��3:e !-��:�•� ar La��oon Dream Additio�� [ l�r �= �i�az tit��eet Lights and Signa�� =�f�rc�veEnej�ts for Blue La�7oc�i� C:t�-e��i� .�cic;i�ion Tl�e undersigned hereby certifies that the contractors and/or subcontractors described in the table a�ove are currently prequalified for the woric types listed. SIDDER: tiic�vtallo�� Cot�ir�c�i��,. LP BY: �CC3'1"f' CUMM]NC�S 3U14 Roy Orr BEvd -- — - - —��-----� � �-�� - Graild E'eairie. "TX 75�?SQ {Signature) TITLE: PIZES[DE�1T DATE: <Date Herc> END OF SECTION CiTY OF FOR7 WORTH STAN�ARd CON57RUC710N PREQVAL4FlCATIQN STATEMENT—OEVELOPERAWAROEl7 PROJECTS New �evelopmen[ Resources_Specs and Contract flocuments_06 45 12_Prequalif�cation Statement 2015_OAP-McM1lEAHON.dotx Form Version September 1, 2015 aoaszs-r CONTAACTOR CQM}c'LIP,NC� WITH WORKER'S COMPENSATTON LAW Page 1 of 1 2 3 4 5 6 7 8 9 10 1� 12 13 i4 IS �6 17 18 19 zo 21 �� 23 24 25 26 Z7 28 29 30 31 32 33 34 35 3f 37 SECTION 00 45 26 CONTRACT4R COMPL�ANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Sectian 40b.096{a}, as aznended, Contracior certifies that it provides vcTorker's compensaiion ins�rance coverage �or all of i#s employees employed on City Proj ect No. CPN 103231. Contractor fiirther certif es that, p�u-suant to '�exas Labo� Code, Section 406.096(b), as arnended, it wi1l provide to City its subcontractor's certificates of campiiance witl� worker's compensation coverage. CON'�RACTOR: McMalaon Contracting, LP Company 3Q19 Roy Orr Blvd Address Grand Prairie, TX 75a50 CitylState/Zip Tx� sTaT� oF �rE�.s cou�TY o� TAxxaN� § � By: s�o�l �'r� Signature: ` Title: PR�SIDENT (Please Print) $EFJ�, t e undersign�d authority, on #his day persanally appeared N , k�own to rr�e to be the �erson whose name zs subscribed to the fore oi e, and nowl d ed t e that he/she executed the sanrae as the act and deed of �i �!� for the purposes and considexation therein expressed and in the capacity therein s• te . GNE ER MY HAND AND SEAL O�' OPFICE this �� day of = 20�� . ,.�"RYP"' YESENIA GONZALES . tt . L9 �� ` Q .. ., `� ;: n- Hotary Public, State of Texas Not �'ublic in an for the Sta�e Texas -�•,�?�= ;,,�.,,.�``� Camm. Expares 02-f2-2p26 38 ' ,a,;,�, Notary ID 128582593 39 END OF SECTION 40 CI�'}( OF FORT WORTH BLUELfiGDONIJ.RE.4MRDDN ST1L?VDAI2D CQAIS �'RUCTION SPECIFICATION DQCUME�i'I'S CPN I0323I Ttevised April 2, 2014 04 42 �3 BLUE LAGOOIv ➢REAM A1lD?� - DAP - BID PROPOSAL Aage d of 7 BLUE LAGOON DREAM A�DiTfON - CPN103239 1 IPRC2'1-0(1'� 5 5ECTION 00 42 43 Devefoper Awarded Projects - �ROPOSAL FOFtM UNIT PRICE B1D Bidder's Applica�ion [�ro�ect Iiem ➢nformation Bidde�s Praposal Bidiisi itern Specificatian Unit oF Bsd No. Descripfion Unit Price Bid Va3ue Sec[ion No. Measure Q�antity UNiT IV: PAViNG IIVIPRdVEMENFS � 3211.4600 Cement (32 IbISY} 32 11 33 TdN 12S $27p.Q0 $34,fl2Q.OQ __ 2 3211.0701 6" Cement Treatmen# (Skree#} 32 11 33 SY 7847 $6.24 $48,965.28 -- - - 3 3213.0102 7" Conc P�mt (5treet) 32 13 13 SY 7372 �55.�9 $446,123.48 __ _ _ 4 3213.0102 7" Conc Pvmt {Alley} 32 13 13 SY 1420 $60.31 $85,64fl.20 _._. _.. __._. _ 5 3213.p3p1 4" Conc Sidewalk 32 13 2fl SF 4234 $7.93 $3(],188.42 6 3211.p111 4" Flexible Base, Type A, GR-1 {Alfey) 32 11 23 SY 1665 $20.86 $34,731.90 _ 7 3213.a5p6 Barrier Free Ramp, Type P-1 32 13 2Q EA �p $2,5Q4.74 $25,047.40 _ . . 8 3231.0100 Topsoif 32 91 19 CY 530 $6dA0 $31,804.00 9 3292.0100 Block Sod Plac�rnent - 32 92 13 -__5Y 4760 $9.60 $45,696A0 - "�678.a0 _ $4,068.OD 10 3441.4003 Furni5hlEnstall Alum Sign Ground 34 41 3Q Ep, 6 _ .. _ - --- _ ............ . 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Y.... __._.. _ 37 _ --.._._�__._._�._.__._._._..___-_�____�__...---._ .. _ ._ -- - - --_.. . 3$ - _. _._._--- --_ _.____ --- -� -�-�------. _-.... _.__._ ---.. 39 _ _.___ - ---.-._____ _—__---._. _ _�__�_.. -�_ _ _ 40 ___ - -- _ --- - -..-_.__--- -_ _ ___ ------- - - _ _ . --- . . _ __ -__...--- - � - -- - _ ..__.. _.._... _ _ . .. . _ _----- . _ _. - 43 _ 44 T�TAL UNIT EV: PAVING IMPROVEIVIENTS $746,280.68 CfTy OF FOAT R'OfL7H S'IANDARll COIhSTRi7Ci1D'-J SP@CIFICAT[Ov DOCLnLEhTS - DEVEL4PER AWdRpEI� PROIECTS FonuVersioa?�fay2?,1419 REVFSE'F�T022•03•0]-IvSchL1HONPORTiDIv _0062d3_BidPr000ssi_DAP.uIs BL[IE LAGOON DRERM AD➢1V - iIAP - BI17 P3iOPOSA[. Page 7 01'7 BLUE LAGOON aREAM ADDETI�N - CPN10328'i ! IPRC21�3D95 SECT�ON fl0 42 43 Developer Atvarded Projecfs - PROPQSAI. FOR�11 UNIT PRfCE BIQ Bidder's Application Bidlis# Item Na. Project [tem Information Bidders ProposaI Descri tion S�ecification Unit of Bid p Section l�o. MeaSure (�uantity t1�it Price Bid Vaiue Bid $t�onmar� Ut�IT I: WAiER fMPROVEMENTS ----._ ..- -----..__ ______— -- t�� II: SANITARY SEW�R 1MPR�VEi1+lENTS _ - --- ---- - ------- -.._ ..--�� UNIT III: DRA3NAGE IMPROVEhifEN'iS EJiVIT IV: PAVING IMPROVEMENTS .$746,28Q.6& LiN1T V: S�REET LIGH�ING IMPROVEMENTS �� y 3T V[: TRAFFIC 51GNAL IMPR01lEMENTS --- ------- - ---- - -- TO�8I CORS[I'l1Cf[OEl Bl� $T4fi,2$Q,6$ This Sid is submitted by the entih� named betow: BiDDER: �4ie41A$011i COri`TRACTL�G, LP 3019 ROY aRR HLY� GRAND PRA[RLE, T� 75450 Contr.tctnr agrees to complete �VORK for F11VA L ACCEPTA�ICE withirt C(3NTRAC'd' commeeees to rpn as provided in the Gcneral CondiHQns. $Y: SCOTT CL�i1'Il13IIVGS � Ti'tLE: PRESIDEVT �ATE: E\ii? O�' 5ECTfON 124 �vorfcieg days after #he date when the C1TY OF FORT WORTH ST.ANDARD Cfli�IS'CitVCTipI� SPEC�ICATTp� DOCL'ME�'�'TS -�EVE[,OPER AWARDED PR07�CT5 Form Veaion May 2?, 20i9 REVISED 2022-03-01 -�fcAAAFiDN POR"I70N _00 4� 33_Bid Propasa4_➢.1P.xls 00 52 43 - 1 Developer Awarded Project A�reeineni Pa�e 1 of 4 2 SECTION 00 52 43 AGRE�MENT 4 THIS AGREEMENT, autk�arized on �J . is made by and be#ween the Developer, � (707 AVENUE, LLC), autharized to do business in Texas ("Developer") , a�d McMahoil 6 Contracting, LP authorized to do business in Texas, acting by and through its duly authorized 7 representative, ("Contractor"}. 8 9 10 lI 12 13 14 15 E6 l7 18 l9 20 2I Develop�r and Cont�•ac#or, in cansideration of the mutual cave�ar►ts hereinafter set forth, agree as follows: Article 1. �dVORK Contractor shail complete al[ Work as specified or Endicated in the Contract Documents for tl�e Ti'roject identifed herein. Ar�icle 2. PROJECT The project �or which the War� under Lhe Contract Documents may be the wl�ole or only a part is generaliy described as follows: BL UE LAGOON DXLAM ADDITION Cil�> P�•qject No. #103321 Article 3. CONTRACT TIME 3.1 Time is of the essence. All tirtle ]imits for Milestones, if any, and Final Acceptance as stated in the Contrac� Dacuments are of the essence ta this Contract. 22 32 Final Acce�tance. 23 T�e Work will be complete for Fi.nal Acceptance within 120 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.a4 of the Standard 25 City Conditions oFthe Construction Contract for Developer Awarded Projects. 26 3.3 Liquadatec� da�nages 27 ?8 29 30 31 32 33 34 35 36 37 Contractor secognizes that time is of rhe essence of this A�reerraent a:�d that Developer will suffer fnancia3 loss if the Work is not completed wi�hin the times specified in Paragrap� 3.2 abo�e, plus any extension thereof allowed in accordance with Articie 10 of the S#andard City Conditions of the Constructian Contract for Develt�per Awarded Projects. The Contractor also recognizes th.e delays, expense and difficulties invol.ved in provin�; in a legal proceeding the actual ]oss suffered by the Developer rf the Work is not corz�pleted on time. Accordingly, instead of requiria�g any such proaf, Contractor agrees t�at as liquidated darr�ages far delay (but noi as a penalty), Contractor shall pay Developer One Thou,sand Dollars {$I,000.00) for each day that exp�res after the ti�e specified in Paragraph 3.2 for Final Acceptance unti] the City issues the Final Letter o#� Acceptance. CITY OF FORT WORTIi RGL'L GAGOON DREAMADDN STANDARi?GONSTRUCI'ION SPECIPICAi']ON DOCUMENTS—DE-VLLOPLRAWARDED PROI�:CTS CP�� 10323I Revlsed June l6. 2616 McNiahon Contracting, LP 005243-2 Ue��eloper A�varded Pro�eci Agreement Pagc 2 of 4 38 Article 4. C4NTRACT PRICE 39 Developer agrees to pay Contractor far performance af the Waric in accordance wzth the Contract 40 Documents an amount in current funds of Seven Hundred Forty-�ix Thousctncl Tivo Hundr'ed 41 Eighty and SS/100 Dalla�'s (57�6,280.6$). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CON`�'�NTS: 4A 45 46 47 48 49 SQ 5] 52 53 54 SS Sb 57 58 59 60 Gl A. The Contract Documents which corr►przse the entire agree�nent between Developer and Contractor concerning tlle Work consisi of the following: "I'l�is Agreement. 2. Attaclart�ents to this Agreement: a. �id �orm (As provided by Developer) I ) Proposal Farm (DAP Version) 2} Prequalification State�nent 3} State and Federal doc��ments {project specific) b. Insurance ACORD �arm(s) c. Payment Band (DAP Version) d. Performance i3ond (DAP Version} e. Maintenance Bond (DAP Version) f. Po�er of Attorney for the Sonds g. Warker's Cornpensatian Affidavit h. MBE and/or �BE Comm'stment Form (lf required) 3. Standard City General Canditions of the Constn�ction Contract for Developer Awarded Projects. 4. Supplen�entary Conditioa�s. 62 5. Speci�ca�ions specifically nlade a part of th.e Contract Documents by a#tachment 63 or, if not attached, as incorporated by reference and described in the Tabte of 64 Contents ofthe Project's Contract Dacuments. 65 6. Drawings. b6 7. Addenda. 67 b8 b9 70 71 72 73 74 75 S. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued afrer the Effective Date of the Agreement and, if issued, become an ineorporated part of the Contract Documents: a. Notice to Proceed. b. �'ie�d Orders. c. Change Orders. d. LetteroiFinalAcceptance. CITY OC'rORT WORTH B£.UF. L�1GOO.�i D1ZC�I:L1rlI7DIv' STANDARD CONSTRUCTtON SPEC[F1CAT'ION DOCU?vlF.l�TS — DEVELOPFR AWARDE� PEtdJECT$ CYN 103Z31 Kevised June I b, 2016 i1�lcAlahan Coniracting, LP OD�243-3 Developer Awarded ProjecY Agreesneni Page 3 of 4 7G Artiele C. INDEMNIFICATION 77 78 79 8D 81 82 83 84 85 8G 87 88 89 90 91 92 93 94 95 96 97 6.I Contractar coveuants and agrees to indemnify, bold harmless and defend, at its own expense, tbe city, its officers, servants and emQlayees, frorr► and against any and all clai�ns arising out of, or alleged to arise out of, the work and services to be perfvrmed by the contractor, its o�ficers, agents, employees, subcontraetars, licenses or invitees under �his cantract. This indemnification rovision is s eci�call intended to o erate and be effective even if it is alle�ed or proven that all or_somc of the damages bein� sou�ht were caused, in vvhole or in part; by anyr act, omission or ne�li�ence of the ci . This indemnity provis�on is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the eity in defending aga�nst such clairns and causes oi actions. 6.2 Contrac�or covenaats a�nd agrees to indemnify and hold harmless, at its own expense, the city, its of�cers, servan�ts and emplayees, fra�n and against any and all loss, da�age or destrnction oi praperty of #he city, arisi�g out o% or alleged to arise out of, the work and sea-vices to be performec� by t�►e contractor, its of£'icers, agents, employees, subcontractors, lecensees or invitees under this contract. This indemni%cation provision is speei�callv intended to operate and be ef#'ective even if ii is alle�ed or proven that alI or sonne of the dama�es bein� sou�ht were caused, in whole or in nart, by any act, amission or ne�li�ence of the city. Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used m this Agreement are de#ined in Article 1 0� the Standard Gity Conditions of 100 the Construction Contract for Deveiaper Awarded Projects. 10l 7.2 Assignment of Contract. 102 This Agre�ment, incl.udar�g all of the Cantract Documents may not be assigned by the 103 Coratractor without the advanced express written cansent of the Developer. 10�4 73 Successors and Assigns. l05 Deve�oper and Contractor each l�inds itse[f its partners, successors, assigns anci legal I D6 representatives to the other party hereto, in res�ect to all covenants, agreeme��ts ar►d tQ7 oblig�tipns cantaiiled in tl�e Cpntract Docuttlents. �08 7.4 Severabiiity. i09 Any provision or part af the Contract Documents held to be unconstit�€tional, void or 310 unenforceable by a caurt of competent jurisdiction shall be deerned stricken, and ali 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and i 12 CONTRACTOR. 113 7.5 Govea-raing Law and Venue. 114 This Agreement, ancluding all of the Contract Docume��ts is perfarmable in tl�e State of 1l5 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 1] 6 Northem District af Texas, Fort Worth Division. CITY OF FORT WORTH BLUE LAG00.�4` DRL,4��1 ADp;V S'fA�DARD CO�STRUCTION SPECIFICATiON dOCUMENTS — DEVELOPER AWARDFI� PR(�JF.CTS CPN 103�31 Itcviscd June 16, 2016 McMahon Coi�tracting, i.? oosa�3-a Developer A�uarded Project Agreeinent Pa�e 4 of 4 1.17 118 7.b Authority lo Sig�. 119 12Q 123 122 123 124 l25 126 Contractor shal� attach evidence of authority to sign Ag�eement, if ather than duly authorized sigi�atory af the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in mul#iple counterparts. This Agreement is effective as of the last date signed by the .Parti.es ("Effective Da#e"). Coniractor: McMc�hon Contracting, LP � - /�� '�._ BY� . +�� (Sign.ature) ��C�-1� �U�r� P r�C�� SCOTT CUMYIINGS (Pri nted Name} Title: PAESIDEi�T Company Name: McMahon Coiztractirtg, LP Address:3019 IZo Orr Blvd ]27 City/StatelZip: Grand Prairie, TX 75050 � �� Date Develaper: 707 AVENUE, LLC {$ignature) JAMAL ALOF�E {Printed Name) Title: MANAGEK Company nazne:707 AVENUE, �,LC Address:4148 SLICK ROCK CHASE City/State/Zip: EULESS, �E'X 76044 Date CITX OP FOR �' WO[2'I'H BL (IE LAGOO,N DItF:ArYl tf I�D!1 ` STANDARI7 COI�STRiJCT10�1 SPT?Clf�[CATION DOC€JNiEIvTS — DEVELOPER AWAR]�GI) PROJECTS CPN 103231 Revisc:d June 16, 2Ui6 McMahon Conlraciiaag, I.P �� '�`a#��'1'. '��'f`t�� ' - �� 3F � ��'�� 3�� .�. , � '�� $��s� ;T��i�t't��s� � ��k� �, ��E��t��e �. ��i� �:�� ti �� rit;, � R�p P�t`� tsk�� €€�� t� �:�r� _ #�� 'r� ��; �� r�� i �«� ��t�� ;��t��s� �� r �- �. �� rri� �� V��E��d ��s��r�� ,��€��: ��t�� -I �� r��, ��d�r �5�� r�� '�r��r�r�� r��r�� t� �� r��r f�r ��r�� r i� ��k�. �r �r�� : .� � �_ �� i�� i� t�s i��f"s��d ��€r�� r��g +i��E�� :�t�+�r�� tr��r�� 4 ��t�.6�r �I�� st�:,r� €��t`�� €��r�� . ��t�: ��r�c� ��.�rz�� k ��r:�i� �''�' �t�� i ��k��i� ��t�r, �� 4��5�� -��7�� , '�� r�� i�� Ef�� `�� f��ar��t c�� aa�� te� ��n 'ir��r�� , :�'��°��E Ci�t�� l�tl�� t: � ��€�-��-:�� . �'� �� :�� '� ��€��t �i' �°r��r�r��, ��r��r ��t�ti�� -i �i�� fA�'�i: �,�. ��: ��'� �ta�ti�,< 'C� '�'��-�� x: (�� r��»�� ` ��. �°�°��i,'��.�� ; =�n� � �t . �� _ � ��- �:x. ��.�� _ � ��'��411''�� i�� P�'��; �i�a�� yc��€ F�� ;i��€�� i�a� �� r��i � �a� � c��, �� s��i� ��t�� €�#, ��a�� s�� :p��. §��°i�1d �8.�.�ta�� r�r�� a��r�� s�� I��r�r�� °�r�t, �f �� d��zx� �� s� ��a��d, �'�� t�� a��t i� �� t��t �#'��s��, �., �"i"�"��# 'Y`F°C:C� €��TI-�� "ii3 *I'C3'�F�.:��i�1�`�': "�'�s€� �s�str� �� r �€��s�t�� rs�y �r�� t�� t �� rt �ar � �ts�� °��, ��d ��d� $€��t�r �3 r��°� � ��C�f�at� �r�t� �� C�st��t� I�i��r�n�� rs��tjr, �Y��1�� €��I ��s�r�� rn�r��, a��i�+�� -�� €��r� I��c�r�t�� r�t�a��"� ��s� i�f��i�� m��r �� qr�� [� ��4�. t��t�d ��i�r� pi��d� ��i�� i��fi�l� ��r�� r, i��E�� i�+aa�� i��€r��;�� , �� t�k��a �� E��s��n�� , ��R ��i �I��rra� �� rk �i�� r�� l�4� �� r��r, �� °�� -��7�� s��#� ��s;i�� r��s��%ca �� €r�� '�'�a�� t�� b��r��° �r�fc�i`��"s��s ��r�� t% ��a��t €��ar��, ��°��i�� q�t�j�s �i: �� €� �I C��r�rr��t� �� c�� i� �"�x��, ��t;��r F�r�t�� a�et'a� �� f �-��; �:�,'�� '��i. ��r�,'i"� �'�7��i�� x` ��1'��m��7 ��, ,s,�P�°;�e��i��xas.�� -��: ��n� �� r�r�$ �- � �. � : ��i �; x: �° '�i��i'� s ��R� �I�� +� �� : �i �i�� t�r�� is�aiit� ��r't`as��t� � ��€ ��'i%�s� � � �r� ��c�, �� ra��i�� cc�� a��,r �� En�� r�p�r��, ��#�i :��ti�,�i [€��r�� p��< � �i�� r� �n��r�� n��;� 'p�r�,��: �� r�r �+� �� 3� ��a��.e ��f� �n��s�� t��t��i�� e�i� �� d��t�s��t� �°�"��;�- I��d� �,��'� ��ii�� At �� 3�L�; ��iC� �� p�a�it� � �r��r� � n� � €�� r �� +� �� d�i c�� i�r�#�, �� €�� Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 1 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLE ASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL I NSURED -AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT,AGREEMENT, PERMIT OR AU THORIZ ATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: a."Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b."Bodily injury" or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in cluded in the "products-completed operations hazard", but only if: (1)The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard"; and (2)The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products- completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products-completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10 , without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the “prod- ucts-completed operations hazard”, this Paragraph b.does not apply to that person or organization. 2.If the written contract or written agree- ment described in Paragraph 1.above specifically requires you to provide addi- tional insured coverage to that person or organization: a.Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 2 of 3 b.By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, b y in Paragraph A.1.a.and/or Para- graph A.1.b.above, whichever applies, is replaced by the phrase arising out of. 3.With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings 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, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4.This Paragraph A.does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations 1. Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. 2.With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a."Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b."Bodily injury" or "property damage" included within the "products- completed operations hazard." C.The insurance afforded to additional insureds described in Paragraphs A.and B.: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3.Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D.With respect to the insurance afforded to the additional insureds described in Paragraphs A.and B., the following is added to Section III - Limits Of Insurance : The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1.Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B.; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: 1.During the policy period; and Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 3 of 3 2.Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F.Except when G.below applies, the following is added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A.and B.except: 1.As otherwise provided in Section IV - Commercial General Liability Condi- tions, 5. Other Insurance , b. Excess In- surance; or 2.For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. G.The following is added to Section IV - Com- mercial General Liability Conditions, 5. Other Insurance,and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In- sured under such other insurance; and 2.You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A.or B.that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In- sured under such other insurance; and 2.You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A.or B.that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. H. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 1 of 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS -CONTRACTORS'COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage:Begins on Page: 1. Employee Benefit Liability Coverage .......................................................................................3 2. Unintentional Failure to Disclose Hazards ..............................................................................9 3. Damage to Premises Rented to You ........................................................................................9 4. Supplementary Payments ......................................................................................................10 5. Medical Payments ...................................................................................................................10 6. 180 Day Coverage for Newly Formed or Acquired organizations .....................................10 7. Waiver of Subrogation ............................................................................................................11 8. Automatic Additional Insured - Specified Relationships: ..................................................11 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises; and • Mortgagee, Assignee or Receiver 9. Property Damage to Borrowed Equipment ..........................................................................14 10. Employees as Insureds - Specified Health Care Services and Good Samaritan Services ...................................................................................................................................15 11. Broadened Notice of Occurrence ..........................................................................................15 12. Nonowned Aircraft ..................................................................................................................15 13. Bodily Injury Redefined ..........................................................................................................15 14. Expected or Intended Injury Redefined ................................................................................15 15. Former Employees as Insureds ............................................................................................15 16. Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage ..................................................................................................................................16 17. Broadened Contractual Liability - Work Within 50' of Railroad Property .........................17 18. Alienated Premises .................................................................................................................17 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage to Premises Rented to You The lesser of: a.The Each Occurrence Limit shown in the Declarations; or b.$500,000 unless otherwise stated $ 4. Supplementary Payments a.Bail Bonds: $2,500 Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 2 of 17 b.Loss of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage to Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage a.)And Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b.$5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS (a)Area (b)Payroll (c)Gross Sales (d)Units (e)Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) b.Care, Custody or Control $ TOTAL ANNUAL PREMIUM $ Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 3 of 17 C. Coverages 1. Employee Benefit Liability Coverage a.The following is added to Section I - Coverages: Employee Benefit Liability Cover- age (1) Insuring Agreement (a)We will pay those sums that the insured becomes legally obligated to pay as damag- es caused by any act, error or omission of the insured, or of any other person for whose acts the insured is legally liable, to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this in- surance does not apply. We may, at our discretion, in- vestigate any report of an act, error or omission and settle any claim or "suit" that may result. But: 1)The amount we will pay for damages is limited as described in Section III - Limits of Insur- ance; and 2)Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judg- ments or settlements. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. (b)This insurance applies to damages only if the act, er- ror or omission, is negligent- ly committed in the "admin- istration" of your "employee benefit program"; and 1)Occurs during the policy period; or 2)Occurred prior to the "first effective date" of this endorsement pro- vided you did not have knowledge of a claim or "suit" on or before the "first effective date" of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "authorized representa- tive"; a)Reports all, or any part, of the act, er- ror or omission to us or any other in- surer; b)Receives a written or verbal demand or claim for dam- ages because of the act, error or omission. (2) Exclusions This insurance does not apply to: (a) Bodily Injury, Property Damage or Personal and Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". (b) Dishonest, Fraudulent, Criminal or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c) Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d) Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit program". Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 4 of 17 (e) Inadequacy of Perfor- mance of Invest- ment/Advice Given With Respect to Participation Any claim based upon: 1)Failure of any invest- ment to perform; 2)Errors in providing in- formation on past per- formance of investment vehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to par- ticipate in any plan in- cluded in the "employee benefit program". (f) Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, un- employment compensation insurance, social security or disability benefits law or any similar law. (g) ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. (h) Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured, from the applicable funds accrued or other col- lectible insurance. (i) Taxes, Fines or Penalties Taxes, fines or penalties, in- cluding those imposed un- der the Internal Revenue Code or any similar state or local law. (j) Employment-Related Prac- tices Any liability arising out of any: (1)Refusal to employ; (2)Termination of employ- ment; (3)Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment, humiliation, discrimina- tion or other employ- ment - related practices, acts or omissions; or (4)Consequential liability as a result of (1), (2) or (3)above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in- jury. (3) Supplementary Payments Section I - Coverages, Sup- plementary Payments - Cover- ages A and B also apply to this Coverage. b. Who Is An Insured As respects Employee Benefit Lia- bility Coverage, Section II - Who is an Insured is replaced by the follow- ing: (1)If you are designated in the Dec- larations as: (a)An individual, you and your spouse are insureds, but on- ly with respect to the con- duct of a business of which you are the sole owner. (b)A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c)A limited liability company, you are an insured. Your Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 5 of 17 members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with respect to their duties as your man- agers. (d)An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "execu- tive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with re- spect to their liability as stockholders. (e)A trust, you are an insured. Your trustees are also in- sureds, but only with respect to their duties as trustees. (2)Each of the following is also an insured: (a)Each of your "employees" who is or was authorized to administer your "employee benefit program"; (b)Any persons, organizations or "employees" having prop- er temporary authorization to administer your "employ- ee benefit program" if you die, but only until your legal representative is appointed; or (c)Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and duties under this Coverage Part. (3)Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or major- ity interest, will qualify as a Named Insured if no other similar insurance applies to that organi- zation. However, coverage under this provision: (a)Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b)Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c. Limits of Insurance As respects Employee Benefit Lia- bility Coverage, Section III - Limits of Insurance is replaced by the fol- lowing: (1)The Limits of Insurance shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage and the rules below fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; (c)Persons or organizations making claims or bringing "suits"; (d)Acts, errors or omissions; or (e)Benefits included in your "employee benefit program". (2)The Aggregate Limit shown in Section B. Limits of Insurance , 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam- ages because of acts, errors or omissions negligently committed in the "administration" of your "employee benefit program". (3)Subject to the limit described in (2)above, the Each Employee Limit shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of: (a)An act, error or omission; or (b)A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 6 of 17 negligently committed in the "administration" of your "employ- ee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program." (4) Deductible Amount (a)Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the Deductible Amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b)The Deductible Amount stated in the Declarations applies to all damages sus- tained by any one "employ- ee", including such "employ- ee's" dependents and bene- ficiaries, because of all acts, errors or omissions to which this insurance applies. (c)The terms of this insurance, including those with respect to: 1)Our right and duty to defend the insured against any "suits" seeking those damag- es; and 2)Your duties, and the du- ties of any other in- volved insured, in the event of an act, error or omission, or claim; apply irrespective of the ap- plication of the Deductible Amount. (d)We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as we have paid. d. Additional Conditions As respects Employee Benefit Lia- bility Coverage, Section IV - Com- mercial General Liability Condi- tions is amended as follows: (1)Item 2. Duties in the Event of Occurrence, Offense, Claim or Suit is replaced by the following: 2. Duties in the Event of An Act, Error or Omission, or Claim or Suit a.You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, notice should include: (1)What the act, error or omission was and when it oc- curred; and (2)The names and addresses of any- one who may suf- fer damages as a result of the act, error or omission. b.If a claim is made or "suit" is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practicable. c.You and any other in- volved insured must: (1)Immediately send us copies of any demands, notices, summonses or le- gal papers re- ceived in connec- tion with the claim or "suit"; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 7 of 17 (2)Authorize us to ob- tain records and other information; (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request, in the en- forcement of any right against any person or organi- zation which may be liable to the in- sured because of an act, error or omission to which this insurance may also apply. d.No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent. (2)Item 5. Other Insurance is re- placed by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is prima- ry except when c.below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also prima- ry. Then, we will share with all that other insur- ance by the method de- scribed in b.below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this meth- od also. Under this ap- proach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. c. Excess Insurance This insurance is ex- cess over any of the other insurance, wheth- er primary, excess, con- tingent or on any other basis that is insurance purchased by you to coverage damages for acts, errors or omis- sions that occurred prior to the "first effective date". e. Additional Definitions As respects Employee Benefit Lia- bility Coverage, Section V - Defini- tions is amended as follows: (1)The following definitions are added: 1."Administration" means: a.Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b.Interpreting the "em- ployee benefit pro- grams"; c.Handling records in connection with the "employee benefit pro- grams"; or d.Effecting, continuing or terminating any "em- ployee's" participation in Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 8 of 17 any benefit included in the "employee benefit program". However, "administration" does not include: a.Handling payroll deduc- tions; or b.The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits. 2."Cafeteria plans" means plans authorized by applica- ble law to allow "employees" to elect to pay for certain benefits with pre-tax dollars. 3."Employee benefit pro- grams" means a program providing some of all of the following benefits to "em- ployees", whether provided through a "cafeteria plan" or otherwise: a.Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible spending ac- counts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligibil- ity requirements; b.Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, pro- vided that no one other than an "employee" may subscribe to such benefits and such bene- fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; c.Unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits; and d.Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, includ- ing military, maternity, family, and civil leave; tuition assistance plans; transportation and health club subsidies. 4."First effective date" means the date upon which cover- age was first effected in a series of uninterrupted re- newals of insurance cover- age. (2)The following definitions are de- leted in their entirety and re- placed by the following: 8."Employee" means a person actively employed, formerly employed, on leave of ab- sence or disabled, or retired. "Employee" includes a "leased worker". "Employee" does not include a "tempo- rary worker". 21."Suit" means a civil proceed- ing in which money damag- es because of an act, error or omission to which this in- surance applies are alleged. "Suit" includes: a.An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; b.Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c.An appeal of a civil pro- ceeding. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 9 of 17 2. Unintentional Failure to Disclose Haz- ards Section IV - Commercial General Liabil- ity Conditions, 7. Representations is amended by the addition of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disclose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part based solely on such failure. 3. Damage to Premises Rented to You a.The last Paragraph of 2. Exclusions under Section I - Coverage A - Bod- ily Injury and Property Damage Li- ability is replaced by the following: Exclusions c.through q.do not apply to "property damage" by fire, explo- sion, lightning, smoke or soot to premises while rented to you or tem- porarily occupied by you with permis- sion of the owner, for which the amount we will pay is limited to the Damage to Premises Rented to You Limit as described in Section III - Limits of Insurance. b.The insurance provided under Sec- tion I - Coverage A - Bodily Injury and Property Damage Liability ap- plies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. (1)As respects Water Damage Le- gal Liability, as provided in Para- graph 3.b.above: The exclusions under Section I - Coverage A - Bodily Injury and Property Damage Liability,2. Exclusions, other than i. War and the Nuclear Energy Liabil- ity Exclusion (Broad Form) , are deleted and the following are added: This insurance does not apply to: (a)"Property damage": (i)Assumed in any con- tract or agreement; or (ii)Caused by or resulting from any of the follow- ing: 1)Wear and tear; 2)Rust or other cor- rosion, decay, de- terioration, hidden or latent defect or any quality in property that caus- es it to damage or destroy itself; 3)Smog; 4)Mechanical break- down, including rupture or bursting caused by centrif- ugal force; 5)Settling, cracking, shrinking or ex- pansion; 6)Nesting or infesta- tion, or discharge or release of waste products or secre- tions, by insects, birds, rodents or other animals; or 7)Presence, growth, proliferation, spread or any ac- tivity of fungus, in- cluding mold or mildew, and any mycotoxins, spores, scents or byproducts pro- duced or released by fungi. (b)"Property damage" caused directly or indirectly by any of the following: (i)Earthquake, volcanic eruption, landslide or any other earth move- ment; (ii)Water that backs up or overflows or is other- wise discharged from a sewer, drain, sump, sump pump or related equipment; (iii)Water under the ground surface pressing on, or flowing or seeping through: 1)Foundations, walls, floors or paved surfaces; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 10 of 17 2)Basements, whether paved or not; or 3)Doors, windows or other openings. (c)"Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (i)You did your best to maintain heat in the building or structure; or (ii)You drained the equip- ment and shut off the water supply if the heat was not maintained. (d)"Property damage" to: (i)Plumbing, heating, air conditioning, fire protec- tion systems, or other equipment or applianc- es; or (ii)The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b.above, the Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (1)Paragraph 6. of Section III - Limits of Insurance is replaced by the following: 6.Subject to Paragraph 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A - Bodily Injury and Property Dam- age Liability for damages because of "property dam- age" to any one premises: a.While rented to you, or temporarily occupied by you with permission of the owner; b.In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or c.In the case of damage by water, while rented to and occupied by you. (2)The most we will pay is limited as described in Section B. Limits of Insurance, 3. Damage to Prem- ises Rented to You of this en- dorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A and B: a.Paragraph 2.is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance , 4.a.Bail Bonds of this endorsement 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 ap- plies. We do not have to furnish these bonds. b.Paragraph 4.is replaced by the fol- lowing: 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 the limit shown in Sec- tion B. Limits of Insurance , 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. 180 Day Coverage for Newly Formed or Acquired Organizations Section II - Who is an Insured is amended as follows: Subparagraph a.of Paragraph 3.is re- placed by the following: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 11 of 17 a.Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 7. Waiver of Subrogation Section IV - Commercial General Liabil- ity Conditions, 9. Transfer of Rights of Recovery Against Others to us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract or agree- ment with that person or organization and included in the "products-completed oper- ations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our re- quest, the insured will bring "suit" or trans- fer those rights to us and help us enforce those rights. 8. Automatic Additional Insured - Speci- fied Relationships a.The following is added to Section II - Who is an Insured: (1)Any person(s) or organization(s) described in Paragraph 8.a.(2)of this endorsement (hereinafter re- ferred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract, written agree- ment, written permit or written authorization. (2)Only the following persons or or- ganizations are additional in- sureds under this endorsement, and insurance coverage provided to such additional insureds is lim- ited as provided herein: (a) Managers or Lessors of Premises The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 8.a.(1)of this en- dorsement to provide insur- ance, but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you, subject to the following additional exclusions: This insurance does not ap- ply to: (i)Any "occurrence" which takes place after you cease to be a tenant in that premises; (ii)Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b) Lessor of Leased Equip- ment Any person or organization from whom you lease equipment when you and such person(s) or organiza- tion(s) have agreed per Par- agraph 8.a.(1)of this en- dorsement to provide insur- ance. Such person(s) or or- ganization(s) are insureds only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or or- ganization(s). A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. However, this insurance does not ap- ply to any "occurrence" which takes place after the equipment lease expires. (c) Vendors Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 8.a.(1)of this endorsement to provide insurance, but on- ly with respect to "bodily in- jury" or "property damage" Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 12 of 17 arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (i)The insurance afforded the vendor does not apply to: 1)"Bodily injury" or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2)Any express war- ranty unauthorized by you; 3)Any physical or chemical change in the product made intentionally by the vendor; 4)Repackaging, ex- cept when un- packed solely for the purpose of in- spection, demon- stration, testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original con- tainer; 5)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normal- ly undertakes to make in the usual course of busi- ness, in connection with the distribution or sale of the products; 6)Demonstration, in- stallation, servicing or repair opera- tions, except such operations per- formed at the ven- dor's premises in connection with the sale of the product; 7)Products which, af- ter distribution or sale by you, have been labeled or re- labeled or used as a container, part or ingredient of any other thing or sub- stance by or for the vendor; or 8)"Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omis- sions or those of its employees or anyone else acting on its behalf. How- ever, this exclusion does not apply to: a)The excep- tions contained in Paragraphs (c) (i) 4) or 6) of this en- dorsement;or b)Such inspec- tions, adjust- ments, tests or servicing as the vendor has agreed to make or nor- mally under- takes to make in the usual course of business, in connection with the distri- bution or sale of the prod- ucts. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 13 of 17 (ii)This insurance does not apply to any insured person or organization: 1)From whom you have acquired such products, or any ingredient, part or container, enter- ing into, accompa- nying or containing such products; or 2)When liability in- cluded within the "products- completed opera- tions hazard" has been excluded un- der this Coverage Part with respect to such products. (d) State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises Any state or governmental agency or subdivision or po- litical subdivision with which you have agreed per Para- graph 8.a.(1)of this en- dorsement to provide insur- ance, subject to the follow- ing additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political sub- division has issued a permit or authorization in connec- tion with premises you own, rent or control and to which this insurance applies: (i)The existence, mainte- nance, repair, construc- tion, erection or removal of advertising signs, awnings, canopies, cel- lar entrances, coal holes, driveways, man- holes, marquees, hoist away openings, side- walk vaults, street ban- ners or decorations and similar exposures; or (ii)The construction, erec- tion or removal of eleva- tors; or (iii)The ownership, mainte- nance or use of any el- evators covered by this insurance. (e) Mortgagee, Assignee or Receiver Any person or organization with whom you have agreed per Paragraph 8.a.(1) of this endorsement to provide in- surance, but only with re- spect to their liability as mortgagee, assignee, or re- ceiver and arising out of the ownership, maintenance, or use of the premises by you. However, this insurance does not apply to structural alterations, new construction and demolition operations performed by or for that per- son or organization. (3)The insurance afforded to addi- tional insureds described in Par- agraph 8.a.(1)of this endorse- ment: (a)Only applies to the extent permitted by law; and (b)Will not be broader than that which you are required by the written contract, written agreement, written permit or written authorization to pro- vide for such additional in- sured; and (c)Does not apply to any per- son, organization, vendor, state, governmental agency or subdivision or political subdivision, specifically named as an additional in- sured under any other provi- sion of, or endorsement added to, this Coverage Part, provided such other provision or endorsement covers the injury or damage for which this insurance ap- plies. b.With respect to the insurance afford- ed to the additional insureds de- scribed in Paragraph 8.a.(1)of this endorsement, 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 in- surance: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 14 of 17 (1)Required by the written contract, written agreement, written permit or written authorization described in Paragraph 8.a.(1)of this en- dorsement; or (2)Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. c. Section IV - Commercial General Liability Conditions is amended to include the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertis- ing injury" offense is committed: (1)During the policy period; and (2)Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation, described in Paragraph 8.a.(1). d. Section IV - Commercial General Liability Conditions is amended as follows: Condition 5. Other Insurance is amended to include: Primary and Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1)of this endorsement provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract, agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. Property Damage to Borrowed Equip- ment a.The following is added to Exclusion 2.j. Damage to Property under Sec- tion I - Coverage A - Bodily Injury and Property Damage Liability: Paragraphs (3)and (4)of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b.With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits of Insurance , 9. Property Damage to Borrowed Equipment of this endorsement with respect to coverage provid- ed by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insurance, 9. Property Damage to Borrowed Equipment of this endorsement fix the most we will pay in any one "occurrence" re- gardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated in Section B. Limits of Insur- ance, 9. Property Damage to Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b) Section IV - Commercial General Liability Condi- tions, 2. Duties in the Event of Occurrence, of- Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 15 of 17 fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees as Insureds - Specified Health Care Services and Good Samar- itan Services Paragraph 2.a.(1)(d)under Section II - Who is an Insured does not apply to: a.Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or b.Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice of Occurrence Paragraph a.of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit under Section IV - Commercial General Liability Conditions is replaced by the following: a.You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1)How, when and where the "oc- currence" or offense took place; (2)The names and addresses of any injured persons and wit- nesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". 12.Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto or Watercraft under Sec- tion I - Coverage A - Bodily Injury and Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a.The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b.The aircraft is rented with a trained, paid crew; and c.The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 4. "Bodily injury" is replaced by the following: 4."Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. 14. Expected or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected or Intended Injury under Section I - Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees as Insureds The following is added to Paragraph 2. under Section II - Who is an Insured: 2. Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 16 of 17 16. Voluntary Property Damage Coverage a. Coverage D - Voluntary Property Damage Coverage Section I - Coverages is amended to include the following: (1) Insuring Agreement (a)We will pay the cost to re- pair or replace "property damage" to property of oth- ers arising out of operations incidental to your business when: 1)Damage is caused by you; or 2)Damage occurs while in your possession. At your written request, we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by us. It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b)This insurance applies to "property damage" only if: 1)The "property damage" takes place in the "cov- erage territory"; and 2)The "property damage" occurs during the policy period. (2) Exclusions This insurance does not apply to "property damage" that would be excluded by Coverage A - Bodi- ly Injury and Property Damage Liability, 2. Exclusions , except for j. Damage to Property, par- agraphs (3), (4), (5) and (6), k. Damage to Your Product , and l. Damage to Your Work . (3) Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V - Definitions are replaced by the following: 16."Occurrence" means an in- cident, including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20."Property damage" means physical injury to tangible property. "Electronic data" is not tangible property, and "property damage" does not include disappearance, ab- straction or theft. b. Care, Custody or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody or Control Li- ability Coverage in this endorsement only: (1) Section I - Coverage A - Bodily Injury and Property Damage Liability, 2. Exclusions, j. Damage to Property , Subpara- graphs (3), (4) and (5)do not ap- ply to "property damage" to the property of others described therein. (2)It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. (3)"Property damage" for which Care, Custody or Control Lia- Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 17 of 17 bility Coverage provides cover- age shall be deemed to be caused by an "occurrence" but shall not serve to limit or restrict the applicability of any exclusion for "property damage" under this Coverage Part. c. Limits of Insurance and Deducti- bles For purposes of the coverage provid- ed by Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage, Section III - Limits of Insurance is amended to include the following: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits of Insurance, 16. Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage, in this endorsement. These limits are inclusive of, and not in addi- tion to, the limits being replaced. The Limits of Insurance shown in the Schedule fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bringing "suits". (2) (a) Subject to (3)below, the Voluntary Property Dam- age Coverage, Each Occur- rence Limit Of Insurance is the most we will pay for the sum of damages under Vol- untary Property Damage Coverage; (b)The Care, Custody or Con- trol Liability Coverage, Each Occurrence Limit Of Insurance is the most we will pay for the sum of damages under Care, Custody or Control Liability Coverage; because of all "property damage" arising out of any one "occur- rence". (3)The Voluntary Property Dam- age Coverage, Aggregate Limit of Insurance is the most we will pay for the sum of all damages under Voluntary Property Damage Coverage. This limit applies separately to each "cov- erage term". (4) Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated for the applicable coverage in the Schedule. The limits of insurance will not be re- duced by the application of such Deductible Amount. (b) Section IV - Commercial General Liability Condi- tions, 2. Duties in the Event of Occurrence, of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as has been paid by us. 17. Broadened Contractual Liability - Work Within 50' of Railroad Property Section V - Definitions, 12. "Insured con- tract" is amended as follows: a.Paragraph c.is replaced by the fol- lowing: c.Any easement or license agree- ment; b.Paragraph f.(1)is deleted in its entire- ty. 18. Alienated Premises Exclusion 2.j. Damage to Property, Paragraph (2)under Section I - Cover- age A - Bodily Injury and Property Damage Liability does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 1 of 22 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict this insurance. Read the entire Coverage Part carefully to determine rights,duties and what is and is not covered. Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organi- zation qualifying as a Named Insured under this Coverage Part. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured"means any person or organiza- tion qualifying as such under SECTION II -WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY 1.Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "bodily injury"or "prop- erty damage" to which this insurance ap- plies.We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply.We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1)The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2)Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I -COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I -COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or medical expenses under SECTION I -COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS -COV- ERAGES A AND B. b.This insurance applies to "bodily injury" and "property damage" only if: (1)The "bodily injury" or "property dam- age" is caused by an "occurrence" that takes place in the "coverage ter- ritory"; (2)The "bodily injury" or "property dam- age" occurs during the policy period; and (3)Prior to the "coverage term" in which "bodily injury" or "property damage" occurs, you did not know, per Para- graph 1.d.below, that the "bodily in- jury" or "property damage" had oc- curred or had begun to occur, in whole or in part. c."Bodily injury" or "property damage" which: (1)Occurs during the "coverage term"; and (2)Was not,prior to the "coverage term", known by you,per Paragraph 1.d. below, to have occurred; includes any continuation,change or re- sumption of that "bodily injury" or "prop- erty damage" after the end of the "cover- age term" in which it first became known by you. d.You will be deemed to know that "bodily injury" or "property damage"has occurred at the earliest time when any "authorized representative": (1)Reports all,or any part,of the "bodily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; (3)First observes, or first observed, the "bodily injury"or "property damage"; (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or (5)Becomes aware, or become aware, of a condition from which "bodily in- jury" or "property damage" i s sub- stantially certain to occur. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 2 of 22 e.Damages because of "bodily injury" in- clude damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bod- ily injury". 2.Exclusions This insurance does not apply to: a.Expected or Intended Injury "Bodily injury" or "property damage" which results from the intentional or criminal acts of the insured or which is in fact expected or intended by the insured, even if the injury or damage is of a differ- ent degree or type than actually expected or intended. This exclusion does not ap- ply to "bodily injury"resulting from the use of reasonable force to protect persons or property. b.Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agree- ment; or (2)Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury"or "property dam- age" occurs subsequent to the exe- cution of the contract or agreement. When a claim for such "bodily injury" or "property damage" is made, we will defend that claim provided the insured has assumed the obligation to defend such claim in the "insured contract".Such defense payments will not reduce the limits of insur- ance. c.Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1)Causing or contributing to the intoxi- cation of any person; (2)The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3)Any statute, ordinance or regulation relating to the sale, gift,distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing,distribut- ing, selling,serving or furnishing alcoholic beverages. d.Workers' Compensation and Similar Laws Any obligation of the insured under a workers' compensation,disability benefits or unemployment compensation law or any similar law. e.Employer's Liability "Bodily injury" to: (1)An "employee"of the insured sus- tained in the "workplace"; (2)An "employee"of the insured arising out of the performance of duties re- lated to the conduct of the insured's business; or (3)The spouse, child, parent,brother or sister of that "employee" as a conse- quence of Paragraphs (1)or (2) above. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other capacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "in- sured contract". f.Pollutant (1)"Bodily injury" or "property damage" arising out of the actual,alleged or threatened discharge, dispersal, seepage, migration, release,escape or emission of "pollutants": (a)At or from any premises, site or location which is or was at any time owned or occupied by,or rented or loaned to, any insured. However, Paragraph (a)does not apply to: 1)"Bodily injury"to any person injured while on any prem- ises, site or location owned or occupied by, or rented or loaned to, you provided: a)The injury is caused by the inadequate ventila- tion of vapors; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 3 of 22 b)The person injured is first exposed to such vapors during the policy period; and c)Within 30 days of such first exposure,the per- son injured is clinically diagnosed or treated by a physician for the medical condition caused by the expo- sure to such vapors. However, Paragraph c) does not apply if the "bodily injury" is caused by vapors produced by or originating from equipment that is used to heat, cool or dehu- midify the building, or equipment that is used to heat water for per- sonal use, by the build- ing's occupants or their guests. This exception 1)shall ap- ply only to Named Insureds; we shall have no duty to de- fend or pay damages for any person or organization that is not a Named Insured. However,this paragraph does not apply if the "bodily injury" is caused by vapors produced by or originating from equipment that is used to heat, cool or dehumidify the building,or equipment that is used to heat water for personal use, by the building's occupants or their guests. For the purpose of the ex- ception granted in Para- graph 1)only,vapors means any gaseous or air- borne irritant or airborne contaminant, including smoke, fumes,vapor or soot, but excluding asbes- tos, which is discharged, dispersed, emitted, released or escapes from materials, machinery or equipment used in the service or main- tenance of the premises. Vapors does not mean any gaseous or airborne irritants or contaminants used in a manufacturing process or which is the product or by- product of any manufactur- ing process; 2)"Bodily injury"or "property damage" for which you may be held liable, if you are a contractor, and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations or "your work" performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to,any insured, other than that additional in- sured; or 3)"Bodily injury"or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b)At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling,stor- age,disposal,processing or treatment of waste; (c)Which are or were at any time transported, handled, stored, treated, disposed of, or proc- essed as waste by or for: 1)Any insured; or 2)Any person or organization for whom you may be le- gally responsible; (d)At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirectly on any insured's behalf are per- forming operations if the "pollut- ants" are brought on or to the premises,site or location in con- nection with such operations by such insured, contractor or sub- contractor.However, Paragraph (d) does not apply to: 1)"Bodily injury"or "property damage" arising out of the discharge, dispersal, seep- age,migration,release, es- cape or emission of fuels, lubricants or other operating fluids, or exhaust gases, which are needed to per- Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 4 of 22 form,or are the result of, the normal electrical, hy- draulic or mechanical func- tions necessary for the op- eration of "mobile equip- ment" or its parts, if such fuels, lubricants or other operating fluids,or exhaust gases, escape, seep or mi- grate, or are discharged, dispersed, released or emit- ted from a vehicle part de- signed to hold, store or re- ceive them.This exception does not apply if the fuels, lubricants or other operating fluids, or exhaust gases, escape, seep or migrate, or are discharged, dispersed, released or emitted with the intent to cause "bodily in- jury" or "property damage" or with the knowledge that "bodily injury" or "property damage" is substantially certain to occur, or if such fuels, lubricants or other operating fluids,or exhaust gases, are brought on or to the premises,site or loca- tion with such intent to es- cape, seep or migrate, or be discharged,dispersed, re- leased or emitted as part of the operations being per- formed by such insured, contractor or subcontractor; 2)"Bodily injury"or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contrac- tor or subcontractor; or 3)"Bodily injury"or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e)At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirectly on any insured's behalf are per- forming operations if the opera- tions are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2)Any loss, cost or expense arising out of any: (a)Request, demand, order or statutory or regulatory require- ment that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize, or in any way re- spond to,or assess the effects of, "pollutants"; or (b)Claim or suit by or on behalf of a governmental authority for dam- ages because of testing for, monitoring, cleaning up, remov- ing, containing, treating,detoxi- fying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, Paragraphs (2)(a)and (b) do not apply to liability for damages because of "property damage" that the insured would have in the ab- sence of such request, demand, or- der or statutory or regulatory re- quirement, or such claim or "suit"by or on behalf of a governmental au- thority. g.Aircraft, Auto or Watercraft "Bodily injury" or "property damage" aris- ing out of the ownership, maintenance, use or entrustment to others of any air- craft, "auto" or watercraft owned or oper- ated by or rented or loaned to any in- sured.Use includes operation and "load- ing or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage" involved the ownership, maintenance, use or entrustment to oth- ers of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1)A watercraft while ashore on prem- ises you own or rent; (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge; (3)Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 5 of 22 or rented or loaned to you or the in- sured; (4)Liability assumed under any "insured contract"for the ownership, mainte- nance or use of aircraft or watercraft; or (5)"Bodily injury" or "property damage" arising out of: (a)The operation of machinery or equipment that is on, attached to,or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li- censed or principally garaged; or (b)The operation of any of the ma- chinery or equipment listed in Paragraph f.(2)or f.(3)of the definition of "mobile equipment". h.Mobile Equipment "Bodily injury" or "property damage" aris- ing out of: (1)The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any in- sured; or (2)The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged rac- ing, speed, demolition, or stunting activity. i.War "Bodily injury" or "property damage", how- ever caused, arising,directly or indirectly, out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force,in- cluding action in hindering or defend- ing against an actual or expected at- tack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3)Insurrection,rebellion,revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j.Damage to Property "Property damage"to: (1)Property you own, rent or occupy, in- cluding any costs or expenses in- curred by you, or any other person, organization or entity, for repair, re- placement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to an- other's property; (2)Premises you sell, give away or abandon, if the "property damage" arises out of any part of those prem- ises; (3)Property loaned to you; (4)Personal property in the care, cus- tody or control of an insured; (5)That particular part of real property on which you or any contractors or subcontractors working directly or in- directly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6)That particular part of any property that must be restored,repaired or re- placed because "your work" was in- correctly performed on it. Paragraphs (1), (3)and (4)of this exclu- sion do not apply to "property damage" (other than damage by fire or explosion) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days, for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in SECTION III -LIM- ITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5)and (6)of this ex- clusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6)of this exclusion does not apply to "property damage" included in the "products-completed operations haz- ard". k.Damage to Your Product "Property damage" to "your product" aris- ing out of it or any part of it. l.Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations haz- ard". Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 6 of 22 This exclusion does not apply if the dam- aged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m.Damage to Impaired Property or Prop- erty Not Physically Injured "Property damage"to "impaired property" or property that has not been physically injured, arising out of: (1)A defect, deficiency,inadequacy or dangerous condition in "your prod- uct" or "your work"; or (2)A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product"or "your work"after it has been put to its intended use. n.Recall of Products, Work or Impaired Property Any liability or damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, re- call, inspection, repair, replacement, ad- justment, removal or disposal of: (1)"Your product"; (2)"Your work"; or (3)"Impaired property"; if such product, work or property is with- drawn or recalled from the market or from use by any person or organization be- cause of a known or suspected defect, deficiency, inadequacy or dangerous con- dition in it. o.Personal and Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p.Asbestos "Bodily injury" or "property damage" aris- ing out of,attributable to,or any way re- lated to asbestos in any form or transmit- ted in any manner. q.Employment-Related Practices "Bodily injury"to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's em- ployment; or (c)Other employment-related prac- tices,policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evalua- tion, failure to promote, reas- signment, discipline, defamation, harassment,humiliation or dis- crimination directed at that per- son; or (2)The spouse, child, parent,brother or sister of that person as a conse- quence of "bodily injury" to that per- son at whom any of the employment- related practices described in Para- graphs (a), (b)or (c)above is di- rected. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other capacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. r.Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph,that "bodily injury" or "property damage" had occurred or had begun to occur, in whole or in part, prior to the "coverage term" in which such "bodily injury" or "property damage" oc- curs or begins to occur. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that "bodily injury"or "property damage" has occurred or has begun to occur at the earliest time when that additional insured, or any one of its owners,members, part- ners, managers,executive officers, "em- ployees"assigned to manage that addi- tional insured's insurance program, or "employees"assigned to give or receive notice of an "occurrence", "personal and advertising injury" offense, claim or "suit": (1)Reports all,or any part,of the "bodily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury"or "property damage"; (3)First observes, or first observed,the "bodily injury"or "property damage"; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 7 of 22 (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or (5)Becomes aware, or become aware, of a condition from which "bodily in- jury" or "property damage" is sub- stantially certain to occur. s.Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access,or inability to manipulate "elec- tronic data". t.Distribution of Material in Violation of Statutes "Bodily injury" or "property damage" aris- ing directly or indirectly out of any action or omission that violates or is alleged to violate: a.The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b.The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c.Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. Exclusions c. through q. do not apply to "prop- erty damage" by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner, for which the amount we will pay is limited to the Dam- age to Premises Rented To You Limit as de- scribed in SECTION III -LIMITS OF INSUR- ANCE. COVERAGE B.PERSONAL AND ADVERTISING INJURY LIABILITY 1.Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "personal and advertis- ing injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However,we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury"to which this insurance does not apply. We may,at our discre- tion,investigate any offense and settle any claim or "suit"that may result. But: (1)The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2)Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I -COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I -COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY;or medical expenses under SECTION I -COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS -COV- ERAGES A AND B. b.This insurance applies to "personal and advertising injury" only if: (1)The "personal and advertising injury" is caused by an offense arising out of your business; and (2)The "personal and advertising injury" offense wascommitted in the "cover- age territory" during the policy period; and (3)Prior to the "coverage term" in which the "personal and advertising injury" offense is committed, you did not know, per Paragraph 1.d.below, that the offense had been committed or had begun to be committed, in whole or in part. c."Personal and advertising injury" caused by an offense which: (1)Was committed during the "coverage term"; and (2)Was not,prior to the "coverage term", known by you,per Paragraph 1.d. below, to have been committed; includes any continuation,change or re- sumption of that offense after the end of the "coverage term" in which it first be- came known by you. d.You will be deemed to know that a "per- sonal and advertising injury" offense has been committed at the earliest time when any "authorized representative": (1)Reports all,or any part, of the "per- sonal and advertising injury" to us or any other insurer; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 8 of 22 (2)Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3)First observes, or first observed, the offense that caused the "personal and advertising injury"; (4)Becomes aware, or become aware, by any means, other than as de- scribed in (3)above, that the offense had been committed or had begun to be committed; or (5)Becomes aware, or become aware, of a condition from which "personal and advertising injury"is substantially certain to occur. 2.Exclusions This insurance does not apply to: a.Knowing Violation of Rights of An- other "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b.Material Published With Knowledge of Falsity "Personal and advertising injury" arising out of oral or written publication of mate- rial, if done by or at the direction of the in- sured with knowledge of its falsity. c. Material Published Prior to Coverage Term "Personal and advertising injury" arising out of oral or written publication of mate- rial whose first publication took place be- fore the later of the following: (1)The inception of this Coverage Part; or (2)The "coverage term" in which insur- ance coverage is sought. d.Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e.Contractual Liability "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agree- ment; or (2)Assumed in a contract or agreement that is an "insured contract", provided the "personal and advertising injury" is caused by or arises out of an of- fense committed subsequent to the execution of the contract or agree- ment. When a claim for such "per- sonal and advertising injury" is made, we will defend that claim, provided the insured has assumed the obliga- tion to defend such claim in the "in- sured contract". Such defense pay- ments will not reduce the limits of in- surance. f.Breach of Contract "Personal and advertising injury" arising out of a breach of contract, except an im- plied contract to use another's advertising idea in your "advertisement". g.Quality or Performance of Goods - Failure to Conform to Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "ad- vertisement". h.Wrong Description of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". i.Infringement of Copyright, Patent, Trademark or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, pat- ent, trademark, trade secret or other intel- lectual property rights. However, this exclusion does not apply to infringement,in your "advertisement", of copyright, trade dress or slogan. j.Insureds in Media and Internet Type Businesses "Personal and advertising injury" commit- ted by an insured whose business is: (1)Advertising, broadcasting, publishing or telecasting; (2)Designing or determining content of web-sites for others; or (3)An Internet search, access,content or service provider. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 9 of 22 However, this exclusion does not apply to Paragraphs 17. a.,b.and c. of "personal and advertising injury"under SECTION V - DEFINITIONS. For the purposes of this exclusion, the placing of frames, borders or links,or ad- vertising, for you or others anywhere on the Internet is not, by itself, considered the business of advertising,broadcasting, publishing or telecasting. k.Electronic Chatrooms or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board any insured hosts,owns, or over which any insured exercises control. l.Unauthorized Use of Another's Name or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's poten- tial customers. m.Employment Related Practices "Personal and advertising injury" to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's em- ployment; or (c)Other employment-related prac- tices,policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evalua- tion, failure to promote, reas- signment, discipline, defamation, harassment,humiliation or dis- crimination directed at that per- son; or (2)The spouse, child, parent,brother or sister of that person as a conse- quence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other capacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. n.Pollutant "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release,escape or emission of "pollut- ants" at any time. o.Pollutant-Related Any loss, cost or expense arising out of any: (1)Request, demand, order or statutory or regulatory requirement that any insured or others test for,monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in any way re- spond to, or assess the effects of, "pollutants"; or (2)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 as- sessing the effects of, "pollutants". p.Asbestos "Personal and advertising injury" arising out of, attributable to, or any way related to asbestos in any form or transmitted in any manner. q.Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that a "per- sonal and advertising injury" offense had been committed or had begun to be committed, in whole or in part, prior to the "coverage term" in which such offense was committed or began to be committed. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that a "personal and advertising injury" offense has been committed or has begun to be committed at the earliest time when that additional insured, or any one of its own- ers, members, partners, managers,ex- ecutive officers, "employees" assigned to manage that additional insured's insur- ance program,or "employees" assigned to give or receive notice of an "occur- rence", "personal and advertising injury" offense, claim or "suit": (1)Reports all,or any part, of the "per- sonal and advertising injury" to us or any other insurer; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 10 of 22 (2)Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3)First observes, or first observed, the offense that caused the "personal and advertising injury"; (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that the "per- sonal and advertising injury" offense had been committed or had begun to be committed; or (5)Becomes aware, or become aware, of a condition from which "personal and advertising injury" is substantially certain to occur. r.War "Personal and advertising injury", how- ever caused, arising,directly or indirectly, out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force,in- cluding action in hindering or defend- ing against an actual or expected at- tack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3)Insurrection,rebellion,revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. s.Distribution of Material in Violation of Statutes "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to vio- late: a.The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b.The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c.Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. COVERAGE C. MEDICAL PAYMENTS 1.Insuring Agreement a.We will pay medical expenses as de- scribed below for "bodily injury" caused by an accident: (1)On premises you own or rent; (2)On ways next to premises you own or rent; or (3)Because of your operations; provided that: (1)The accident takes place in the "cov- erage territory" and during the policy period; (2)The expenses are incurred and re- ported to us within three years of the date of the accident; and (3)The injured person submits to ex- amination,at our expense, by physi- cians of our choice as often as we reasonably require. b.We will make these payments regardless of fault.These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1)First aid administered at the time of an accident; (2)Necessary medical, surgical, x-ray and dental services, including pros- thetic devices; and (3)Necessary ambulance, hospital, pro- fessional nursing and funeral ser- vices. 2.Exclusions We will not pay expenses for "bodily injury": a.Any Insured To any insured,except "volunteer work- ers". b.Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c.Injury on Normally Occupied Premises To a person injured on that part of prem- ises you own or rent that the person nor- mally occupies. d.Workers' Compensation and Similar Laws To a person, whether or not an "em- ployee" of any insured, if benefits for the "bodily injury" are payable or must be pro- vided under a workers' compensation or disability benefits law or a similar law. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 11 of 22 e.Athletic Activities To any person injured while officiating, coaching, practicing for,instructing or participating in any physical exercises or games, sports, or athletic contests or ex- hibitions of an athletic or sports nature. f.Products-Completed Operations Haz- ard Included within the "products-completed operations hazard". g.Coverage A Exclusions Excluded under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: 1.All expenses we incur. 2.Up to $250 for cost of bail bonds required be- cause 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. 3.The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4.All reasonable expenses incurred by the in- sured at our request to assist us in the investi- gation or defense of the claim or "suit", includ- ing actual loss of earnings up to $250 a day because of time off from work. 5.All costs taxed against the insured in the "suit". 6.Prejudgment interest awarded against the in- sured on that part of the judgment we become obligated to pay and which falls within the ap- plicable limit of insurance. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7.All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or depos- ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. SECTION II - WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the con- duct of a business of which you are the sole owner. b.A partnership or joint venture, you are an insured.Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c.A limited liability company, you are an in- sured.Your members are also insureds, but only with respect to the conduct of your business. Your managers are insur- eds, but only with respect to their duties as your managers. d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive offi- cers" and directors are insureds, but only with respect to their duties as your offi- cers or directors.Your stockholders are also insureds, but only with respect to their liability as stockholders. e.A trust, you are an insured.Your trustees are also insureds,but only with respect to their duties as trustees. 2.Each of the following is also an insured: a.Your "volunteer workers" only while per- forming duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.However, none of these "employees" or "volunteer workers" are insureds for: (1)"Bodily injury" or "personal and ad- vertising injury": (a)To you,to your partners or members (if you are a partner- ship or joint venture), to your members (if you are a limited li- ability company), to a co- "employee" while in the course of his or her employment or per- forming duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b)To the spouse,child, parent, brother or sister of that co- "employee" or "volunteer Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 12 of 22 worker" as a consequence of Paragraph (1)(a) above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d)Arising out of his or her provid- ing or failing to provide profes- sional health care services. (2)"Property damage"to property: (a)Owned, occupied or used by; or (b)Rented to,in the care,custody or control of, or over which physical control is being exer- cised for any purpose by, you, any of your "employees", "volun- teer workers", any partner or member (if you are a partnership or joint ven- ture),or any member (if you are a limited liability company). b.Any person (other than your "employee" or "volunteer worker"), or any organiza- tion while acting as your real estate man- ager. c.Any person or organization having proper temporary custody of your property if you die, but only: (1)With respect to liability arising out of the maintenance or use of that prop- erty; and (2)Until your legal representative has been appointed. d.Your legal representative if you die,but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3.Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited 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 organiza- tion. However: a.Insurance under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b.COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to "bodily injury" or "property damage" that occurred before you ac- quired or formed the organization; and c.COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY does not apply to "personal and advertising injury" arising out of an offense committed be- fore you acquired or formed the organiza- tion. No person or organization is an insured with re- spect to the conduct of any current or past partner- ship, joint venture or limited liability company that is not shown as a Named Insured in the Declara- tions. SECTION III - LIMITS OF INSURANCE 1.The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 2. a. The General Aggregate Limit is the most we will pay for the sum of: (1)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; (2)Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY,except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations haz- ard"; and (3)Damages under COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY. This General Aggregate Limit will not ap- ply if either the Location General Aggre- gate Limit of Insurance, Paragraph 2.b., or the Construction Project General Ag- gregate Limit of Insurance,Paragraph 2.c. applies. b.A separate Location General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall apply to each location owned by, or rented or leased to you and is the most we will pay for the sum of: (1)Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations haz- ard"; and (2)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS, Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 13 of 22 which can be attributed to operations at only a single location owned by, or rented or leased to you. c.A separate Construction Project General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations,shall apply to each construction project and is the most we will pay for the sum of: (1)Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations haz- ard"; and (2)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; which can be attributed only to ongoing operations and only at a single construc- tion proj ect. d.Only for the purpose of determining which General Aggregate Limit of Insurance, 2.a., 2.b., or 2.c., applies: (1)Location means premises involving the same or connecting lots, or prem- ises, whose connection isinterrupted only by a street,roadway, waterway or right-of-way of a railroad. (2)Construction project means a loca- tion you do not own, rent or lease where ongoing improvements, altera- tions, installation, demolition or main- tenance work is performed by you or on your behalf. All connected ongo- ing improvements, alterations, instal- lation,demolition or maintenance work performed by you or on your behalf at the same location for the same persons or organizations,no matter how often or under how many different contracts,will be deemed to be a single construction project. 3.The Products-Completed Operations Aggre- gate Limit is the most we will pay under COV- ERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property damage" included in the "products-completed opera- tions hazard". 4.Subject to 2.a.above, the Personal and Ad- vertising Injury Limit is the most we will pay under COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY for the sum of all damages because of all "personal and advertising injury" sustained by any one per- son or organization. 5.Subject to 2. or 3.above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a.Damages under COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY; and b.Medical expenses under COVERAGE C. MEDICAL PAYMENTS; because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6.Subject to 5.above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion,while rented to you or temporarily occupied by you with permission of the owner. 7.Subject to 5.above, the Medical Expense Limit is the most we will pay under COVER- AGE C. MEDICAL PAYMENTS for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part ap- ply separately to each "coverage term". SECTION IV -COMMERCIAL GENERAL LIABIL- ITY CONDITIONS 1.Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 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 a "personal and advertising injury"of- fense which may result in a claim. To the extent possible, notice should include: (1)How, when and where the "occur- rence" or offense took place; (2)The names and addresses of any in- jured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the "occur- rence" or offense. b.If a claim is made or "suit" is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit"and the date re- ceived; and (2)Notify us as soon as practicable. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 14 of 22 You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses or le- gal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investiga- tion or settlement of the claim or de- fense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d.No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any ex- pense, other than for first aid,without our consent. 3.Legal Action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to re- cover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable un- der the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal repre- sentative. 4.Liberalization If, within 60 days prior to the beginning of this Coverage Part or during the policy period, we make any changes to any forms or endorse- ments of this Coverage Part for which there is currently no separate premium charge,and that change provides more coverage than this Coverage Part, the change will automatically apply to this Coverage Part as of the latter of: a.The date we implemented the change in your state; or b.The date this Coverage Part became ef- fective; and will be considered as included until the end of the current policy period. We will make no ad- ditional premium charge for this additional coverage during the interim. 5.Other Insurance If other valid and collectible insurance is avail- able to the insured for a loss we cover under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COV- ERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY of this Coverage Part, our obligations are limited as follows: a.Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other in- surance by the method described in c. below. b.Excess Insurance This insurance is excess over: (1)Any of the other insurance, whether primary, excess, contingent or on any other basis: (a)That is Fire, Extended Cover- age,Builder's Risk, Installation Risk or similar insurance for "your work"; (b)That is Fire or Explosion insur- ance for premises rented to you or temporarily occupied by you with permission of the owner; (c)That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tem- porarily occupied by you with permission of the owner; or (d)If the loss arises out of the main- tenance or use of aircraft, "autos" or watercraft to the ex- tent not subject to SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY, 2. Exclusions, g. Aircraft, Auto or Watercraft. (2)Any other primary insurance avail- able to the insured covering liability for damages arising out of the prem- ises or operations, or the products and completed operations, for which Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 15 of 22 the insured has been added as an additional insured by attachment of an endorsement. (3)Any other insurance: (a)Whether primary, excess, con- tingent or on any other basis, except when such insurance is written specifically to be excess over this insurance; and (b)That is a consolidated (wrap-up) insurance program which has been provided by the prime con- tractor/project manager or owner of the consolidated project in which you are involved. When this insurance is excess, we will have no duty under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit".If no other insurer defends, we will undertake to do so,but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that ex- ceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cover- age Part. c. Method of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also.Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 6.Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retro- spective premiums is the date shown as the due date on the bill. If: (1)The earned premium is less than the deposit premium,we will return the excess to the first Named Insured; or (2)The earned premium is greater than the deposit premium, the difference will be due and payable to us by the first Named Insured upon notice from us. c.The first Named Insured must keep re- cords of the information we need for pre- mium computation,and send us copies at such times as we may request. 7.Representations By accepting this Coverage Part, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon repre- sentations you made to us; and c.We have issued this Coverage Part in re- liance upon your representations. 8.Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named In- sured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 9.Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 16 of 22 10.Two or More Coverage Forms or Policies Issued by Us If this Coverage Part and any other Coverage Form or Coverage Part forming a part of this policy apply to the same "occurrence" or "per- sonal and advertising injury" offense, the ag- gregate maximum Limit of Insurance under all the Coverage Forms or Coverage Parts shall not exceed the highest applicable Limit of In- surance under any one Coverage Form or Coverage Part. This condition does not apply to any Coverage Form or Coverage Part is- sued by us specifically to apply as excess in- surance over this Coverage Part. 11.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written notice of the nonrenewal not less than 30 days be- fore the expiration date. If notice is mailed,proof of mailing will be suf- ficient proof of notice. SECTION V - DEFINITIONS 1."Advertisement" means a notice that is broad- cast, telecast or published to the general pub- lic or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. "Adver- tisement" includes a publicity article. For pur- poses of this definition: a.Notices that are published include mate- rial placed on the Internet or on similar electronic means of communication; and b.Regarding web-sites,only that part of a web-site that is about your goods, prod- ucts or services for the purposes of at- tracting customers or supporters is con- sidered an "advertisement". 2."Authorized representative" means: a.If you are designated in the Declarations as: (1)An individual, you and your spouse are "authorized representatives". (2)A partnership or joint venture, your members, your partners, and their spouses are "authorized representa- tives". (3)A limited liability company,your members and your managers are "authorized representatives". (4)An organization other than a partner- ship, joint venture or limited liability company, your "executive officers" and directors are "authorized repre- sentatives". Provided you are not a publicly traded organization, your stockholders are also "authorized representatives". (5)A trust, your trustees are "authorized representatives". b.Your "employees": (1)Assigned to manage your insurance program; or (2)Responsible for giving or receiving notice of an "occurrence","personal and advertising injury" offense, claim or "suit"; are also "authorized representatives". 3."Auto" means: a.A land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4."Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 5."Coverage term" means the following individ- ual increment, or if a multi-year policy period, increments, of time,which comprise the policy period of this Coverage Part: a.The year commencing on the Effective Date of this Coverage Part at 12:01 AM standard time at your mailing address shown in the Declarations,and if a multi- year policy period, each consecutive an- nual period thereafter, or portion thereof if any period is for a period of less than 12 months, constitute individual "coverage terms". The last "coverage term" ends at 12:00 AM standard time at your mailing addressshown in the Declarations on the earlier of: (1)The day the policy period shown in the Declarations ends; or (2)The day the policy to which this Cov- erage Part is attached is terminated or cancelled. b.However, if after the issuance of this Cov- erage Part,any "coverage term" is ex- tended for an additional period of less than 12 months, that additional period of Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 17 of 22 time will be deemed to be part of the last preceding "coverage term". 6."Coverage territory" means: a.The United States of America (including its territories and possessions), Puerto Rico and Canada; b.International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c.All other parts of the world if the injury or damage arises out of: (1)Goods or products made or sold by you in the territory described in a. above; (2)The activities of a person whose home is in the territory described in a.above, but is away for a short time on your business; or (3)"Personal and advertising injury"of- fenses that take place through the Internet or similar electronic means of communication, provided the insured's responsibility to pay damages is determined in a "suit"on the merits, in the territory described in a. above or in a settlement to which we agree. 7."Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks,CD-ROMs,tapes, drives, cells, data processing devices or any other media which are used with electronically con- trolled equipment. 8."Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". 9."Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10."Hostile fire" means one which becomes un- controllable or breaks out from where it was intended to be. 11."Impaired property" means tangible property, other than "your product" or "your work",that cannot be used or is less useful because: a.It incorporates "your product" or "your work" that is known or thought to be de- fective, deficient, inadequate or danger- ous; or b.You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a.The repair, replacement, adjustment or removal of "your product" or "your work"; or b.Your fulfilling the terms of the contract or agreement. 12."Insured contract" means: a.A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "property dam- age" by fire or explosion to premises while rented to you or temporarily occu- pied by you with permission of the owner is not an "insured contract"; b.A sidetrack agreement; c.Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 feet of a railroad; d.An obligation, as required by ordinance, to indemnify a municipality, except in con- nection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage" or "per- sonal and advertising injury" to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1)That indemnifies a railroad for "bodily injury", "property damage" or "per- sonal and advertising injury"arising out of construction or demolition op- erations, within 50 feet of any rail- road property and affecting any rail- road bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2)That indemnifies an architect, engi- neer or surveyor for injury or damage arising out of: (a)Preparing, approving, or failing to prepare or approve,maps, shop drawings,opinions,re- ports, surveys, field orders, Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 18 of 22 change orders or drawings and specifications; or (b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (3)Under which the insured, if an archi- tect,engineer or surveyor, assumes liability for an injury or damage aris- ing out of the insured's rendering or failure to render professional ser- vices, including those listed in Para- graph (2)above and supervisory, in- spection, architectural or engineering activities; (4)That indemnifies an advertising, pub- lic relations or media consulting firm for "personal and advertising injury" arising out of the planning, execution or failure to execute marketing com- munications programs. Marketing communications programs include but are not limited to comprehensive marketing campaigns;consumer, trade and corporate advertising for all media; media planning, buying, monitoring and analysis; direct mail; promotion; sales materials; design; presentations;point-of-sale materi- als;market research; public relations and new product development; (5)Under which the insured,if an adver- tising, public relations or media con- sulting firm, assumes liability for "per- sonal and advertising injury" arising out of the insured's rendering or fail- ure to render professional services, including those services listed in Paragraph (4), above; (6)That indemnifies a web-site designer or content provider, or Internet search, access, content or service provider for injury or damage arising out of the planning, execution or fail- ure to execute Internet services. Internet services include but are not limited to design, production, distribu- tion,maintenance and administration of web-sites and web-banners; host- ing web-sites;registering domain names; registering with search en- gines; marketing analysis; and pro- viding access to the Internet or other similar networks; or (7)Under which the insured, if a web- site designer or content provider, or Internet search, access, content or service provider, assumes liability for injury or damage arising out of the insured's rendering or failure to ren- der Internet services, including those listed in Paragraph (6), above. 13."Leased worker" means a person leased to you by a labor leasing firm under an agree- ment between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing firm. "Leased worker" does not include a "temporary worker". 14."Loading or unloading" means the handling of property: a.After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b.While it is in or on an aircraft, watercraft or "auto"; or c.While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a me- chanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15."Mobile equipment" means any of the follow- ing types of land vehicles, including any at- tached machinery or equipment: a.Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b.Vehicles maintained for use solely on or next to premises you own or rent; c.Vehicles that travel on crawler treads; d.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1)Power cranes, shovels, loaders, dig- gers or drills; or (2)Road construction or resurfacing equipment such as graders, scrapers or rollers; e.Vehicles not described in a., b., c.or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1)Air compressors, pumps and genera- tors,including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment; or Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 19 of 22 (2)Cherry pickers and similar devices used to raise or lower workers; f.Vehicles not described in a., b., c.or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1)Equipment designed primarily for: (a)Snow removal; (b)Road maintenance, but not con- struction or resurfacing; or (c)Street cleaning; (2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3)Air compressors, pumps and genera- tors,including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment. However, "mobile equipment"does not in- clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehi- cle insurance law are considered "autos". 16."Occurrence"means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions. 17."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a.False arrest, detention or imprisonment; b.Malicious prosecution; c.The wrongful eviction from, wrongful entry into,or invasion of the right of private oc- cupancy of a room,dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d.Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or ser- vices; e.Oral or written publication, in any manner, of material that violates a person's right of privacy; f.The use of another's advertising idea in your "advertisement"; or g.Infringing upon another's copyright, trade dress or slogan in your "advertisement". 18."Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant,including smoke, vapor, soot, fumes, acids, alkalis, chemicals,petroleum,petroleum products and petroleum by-products, and waste. Waste in- cludes materials to be recycled, reconditioned or reclaimed. 19."Products-completed operations hazard": a.Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1)Products that are still in your physical possession; or (2)Work that has not yet been com- pleted or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a)When all of the work called for in your contract has been com- pleted; or (b)When all of the work to be done at the job site has been com- pleted if your contract calls for work at more than one job site; or (c)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same proj ect. Work that may need service, mainte- nance, correction,repair or replace- ment, but which is otherwise com- plete, will be treated as completed. b.Does not include "bodily injury" or "prop- erty damage" arising out of: (1)The transportation of property,un- less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2)The existence of tools, uninstalled equipment or abandoned or unused materials; or (3)Products or operations for which the classification, listed in the Declara- tions or in a schedule, states that Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 20 of 22 products-completed operations are included. 20."Property damage"means: a.Physical injury to tangible property, in- cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physi- cal injury that caused it; or b.Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of thisinsurance, "electronic data"is not tangible property. 21."Suit" means a civil proceeding in which money damages because of "bodily injury", "property damage" or "personal and advertis- ing injury"to which this insurance applies are alleged. "Suit" includes: a.An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; b.Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent; or c.An appeal of a civil proceeding. 22."Temporary worker"means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24."Workplace"means that place and during such hours to which the "employee" sustaining "bodily injury" was assigned by you, or any other person or entity acting on your behalf,to work on the date of "occurrence". 25."Your product": a.Means: (1)Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a)You; (b)Others trading under your name; or (c)A person or organization whose business or assets you have ac- quired; and (2)Containers (other than vehicles), ma- terials, parts or equipment furnished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fit- ness,quality, durability,performance or use of "your product"; and (2)The providing of or failure to provide warnings or instructions. c.Does not include vending machines or other property rented to or located for the use of others but not sold. 26."Your work": a.Means: (1)Work or operations performed by you or on your behalf; and (2)Materials, parts or equipment fur- nished in connection with such work or operations. b.Includes: (1)Warranties or representations made at any time with respect to the fit- ness,quality, durability,performance or use of "your work"; and (2)The providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 21 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1.The insurance does not apply: A.Under any Liability Coverage, to "bodily injury" or "property damage": (1)With respect to which an insured un- der this Coverage Part is also an in- sured under a nuclear energy liability policy issued by Nuclear Energy Li- ability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2)Resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which (a)any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this Coverage Part not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, un- der any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B.Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazard- ous properties"of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C.Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nu- clear material", if: (1)The "nuclear material" (a)is at any "nuclear facility" owned by, or oper- ated by or on behalf of,an insured, or (b)has been discharged or dis- persed therefrom; (2)The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used,proc- essed, stored,transported or dis- posed of, by or on behalf of an in- sured; or (3)The "bodily injury" or "property dam- age" arises out of the furnishing by an insured of services,materials, parts or equipment in connection with the planning,construction, mainte- nance, operation or use of any "nu- clear facility", but if such facility is lo- cated within the United States of America, its territories or posses- sions or Canada,this Exclusion (3) applies only to "property damage"to such "nuclear facility" and any prop- erty thereat. 2.As used in this exclusion: "Hazardous properties"includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product mate- rial". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear re- actor". "Waste" means any waste material (a)con- taining "by-product material"other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content,and (b)resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facil- ity". "Nuclear facility"means: A.Any "nuclear reactor"; B.Any equipment or device designed or used for (1)separating the isotopes of uranium or plutonium, (2)processing or utilizing "spent fuel", or (3) handling, proc- essing or packaging "waste"; C.Any equipment or device used for the processing, fabricating or alloying of "spe- cial nuclear material" if at any time the to- tal amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of ura- nium 235; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 22 of 22 D.Any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the fore- going is located, all operations conducted on such site and all premises used for such op- erations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radio- active contamination of property. Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission.Page 1 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT,WITH POLLUTION LIABILITY FOR COVERED AUTOS This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. A.Blanket Waiver of Subrogation SECTION IV -BUSINESS AUTO CONDI- TIONS,A. Loss Conditions,5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury"or "property damage"arising out of the operation of a covered "auto"when you have assumed liability for such "bodily injury"or "property damage"under an "insured contract",provid- ed the "bodily injury"or "property damage"oc- curs subsequent to the execution or the "in- sured contract". B.Noncontributory Insurance SECTION IV -BUSINESS AUTO CONDI- TIONS,B. General Conditions,5. Other In- surance c.is replaced by the following: c.Regardless of the provisions of Par- agraph a.above,this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract"that requires liability to be assumed on a primary noncontributo- ry basis. C.Additional Insured by Contract SECTION II -LIABILITY COVERAGE,A. Coverage,I. Who is an Insured is amended to include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1.Executed prior to the accident causing "bodily injury"or "property damage"; and 2.Is still in force at the time of the "accident" causing "bodily injury"or "property dam- age". D.Employee Hired Auto 1.Changes in Liability Coverage The following is added to the Section II - Liability Coverage,A. Coverage,1. Who is an Insured: An "employee"of yours is an "insured" while operating an "auto"hired or rented under a contract or agreement in that "employee's"name,with your permission, while performing duties related to the conduct of your business. 2.Changes in General Conditions SECTION IV -BUSINESS AUTO CON- DITIONS,B. General Conditions,5. Other Insurance is amended by replac- ing Paragraph 5.b. with the following: b.For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos"you own: (1)Any covered "auto"you lease, hire,rent or borrow; and (2)Any covered "auto"hired or rented by your "employee under a contract in that individual "em- Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission.Page 2 of 5 ployee's"name,with your per- mission,while performing duties related to the conduct of your business. However,any "auto"that is leased, hired,rented or borrowed with a driv- er is not a covered "auto". E. Audio,Visual and Data Electronic Equip- ment SECTION III -PHYSICAL DAMAGE COV- ERAGE,C. Limit of Insurance is amended by adding the following: 4.The most we will pay for all "loss"to audio,visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident"is the lesser of: a.The actual cash value of the damaged or stolen property as of the time of the "accident"; b.The cost of repairing or replac- ing the damaged or stolen prop- erty with other property of like kind and quality; or c.$2,500. Provided the equipment,at the time of the "loss"is: a.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; b.Removable from a permanently installed housing unit as de- scribed in Paragraph 2.a.above; or c.An integral part of such equip- ment. F.Pollution Liability Broadened Coverage for Covered Autos 1.Coverage a.Section II -Liability Coverage is changed as follows: (1)Paragraph a. of the "Pollutant" Exclusion (Section II -Liability Coverage,B. Exclusions)ap- plies only to liability assumed under a contract or agreement. (2)With respect to the coverage af- forded by Paragraph a.(1) above,Exclusion B.6. Care, Custody,or Control does not apply. 2.Limit of Insurance a.The Per "Accident"Limit is $25,000. The Per "Accident"Limit is the most we will pay for the total of all damag- es and "covered pollution cost or ex- pense"resulting from any one "acci- dent"covered by this endorsement. Subject to the limit for Pollution Lia- bility Broadened Coverage,the most we will pay for all "bodily injury", "property damage"and "covered pol- lution cost or expense"combined, resulting from any one "accident",is the Limit of Insurance for Liability Coverage shown in the Declarations. b.The Aggregate Limit is $25,000.The Aggregate Limit is the most we will pay for the sum of all damages and "covered pollution cost or expense" involving insurance provided by this endorsement. The Aggregate Limit applies separately to each consecu- tive annual period and to any remain- ing period of less than 12 months, starting with the beginning of the Pol- icy Period shown in the Declarations, unless the Policy Period is extended after issuance for an additional peri- od of less than 12 months. In that case,the additional period will be deemed part of the last preceding pe- riod for purposes of determining the Aggregate Limit. 3.Property Damage Liability Deductible The "Property Damage"and "Covered Pollution Cost or Expense"Liability Cov- erage Deductible is $500.The damages that would otherwise be payable under Section II -Liability Coverage for "prop- erty damage"and "covered pollution cost or expense"caused by any one "acci- dent"will be reduced by the "Property Damage"and "Covered Pollution Cost or Expense"Liability Coverage Deductible prior to the application of the Limit of In- surance provision. 4.Our Right to Reimbursement To settle any claim or "suit"we will pay all or any part of any deductible shown in this endorsement.You must reimburse us for the deductible or the part of any de- ductible we paid. Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission.Page 3 of 5 5.Definitions Section V -Definitions,D. "covered pol- lution cost or expense"is deleted in its entirety and 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 require- ment that any "insured"or others test for,monitor,clean up,re- move,contain,treat,detoxify or neutralize,or in any way re- spond to,or assess the effects of "pollutants"; or 2.Any claim or "suit"by or on be- half of a governmental authority for damages because of testing for,monitoring,cleaning up,re- moving,containing,treating,de- toxifying or neutralizing,or in any way responding to or as- sessing the effects of "pollu- tants". "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,escape or emission of "pollu- tants": a.Before the "pollutants"or any proper- ty in which the "pollutants"are con- tained are moved from the covered "auto"to the place where they are fi- nally delivered,disposed of or aban- doned by the "insured". b.After the "pollutants"or any property in which the "pollutants"are con- tained are moved from the covered "auto"to the place where they are fi- nally delivered,disposed of or aban- doned 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 "pollu- tants"not in or upon a covered "au- to",if: (1)The "pollutants"or any property in which the "pollutants"are con- tained are upset,overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2)The discharge,dispersal,seep- age,migration,release,escape or emission of the "pollutants"is caused directly by such upset, overturn or damage. G.Who is an Insured -Amended SECTION II -LIABILITY COVERAGE,A. Coverage,1. Who is an Insured is amended by adding the following: The following are "insureds": 1.Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However,the insurance afforded by this provision does not apply to any subsidiary that is an "insured"under any other au- tomobile liability policy,or would be an "insured"under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2.Any organization that is newly acquired or formed by you and over which you main- tain majority ownership.The insurance provided by this provision: a.Is effective on the date of acquisition or formation,and is afforded for 180 days after such date; b.Does not apply to "bodily injury"or "property damage"resulting from an "accident"that occurred before you acquired or formed the organization; c.Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d.Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3.Any of your "employees"while using a covered "auto"in your business or your personal affairs,provided you do not own, hire or borrow that "auto". H.Liability Coverage Extensions -Supple- mentary Payments -Higher Limits SECTION II -LIABILITY COVERAGE,A. Coverage,2. Coverage Extensions,a.Sup- plementary Payments is amended by: 1.Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2.Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission.Page 4 of 5 I.Amended Fellow Employee Exclusion SECTION II -LIABILITY COVERAGE,B. Ex- clusions,5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. J.Hired Auto -Physical Damage If hired "autos"are covered "autos"for Liability Coverage,then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III -PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos"you hire,subject to the fol- lowing: 1.The most we will pay for "loss"to any hired "auto"is $50,000 or the actual cash value or cost to repair or replace,which- ever is the least,minus a deductible. 2.The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage,or $1,000,whichever is less. 3.Hired Auto -Physical Damage coverage is excess over any other collectible insur- ance. 4.Subject to the above limit,deductible,and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto"you own un- der this policy. Coverage includes loss of use of that hired au- to,provided it results from an "accident"for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident"is $3,000. If a limit for Hired Auto -Physical Damage is shown in the Schedule,then that limit replac- es,and is not added to,the $50,000 limit indi- cated above. K.Rental Reimbursement SECTION III -PHYSICAL DAMAGE is amended by adding the following: 1.We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto"because of a "loss"to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2.We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss"and ending,re- gardless of the policy's expiration,with the lesser of the following number of days: a.The number of days reasonably re- quired to repair 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 in- curred; or b.$50 per day. 4.This coverage does not apply while there are spare or reserve "autos"available to you for your operations. 5.We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III -PHYSICAL DAM- AGE COVERAGE,A. Coverage,4. Coverage Extensions. L.Transportation Expense -Higher Limits SECTION III -PHYSICAL DAMAGE COV- ERAGE,A. Coverage,4.Coverage Exten- sions is amended by replacing $20 per day with $50 per day,and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. M.Airbag Coverage SECTION III -PHYSICAL DAMAGE COV- ERAGE,B. Exclusions,3.a.is amended by adding the following: However,the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. N.Loan or Lease Gap Coverage 1.SECTION III -PHYSICAL DAMAGE COVERAGE,C. Limit of Insurance is deleted in its entirety and replaced by the following,but only for private passenger type "autos"with an original loan or lease, and only in the event of a "total loss"to such a private passenger type "auto": a.The most we will pay for "loss"in any one "accident"is the greater of: (1)The amount due under the terms of the lease or loan to which your covered private passenger type "auto"is subject,but will not include: Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission.Page 5 of 5 (a)Overdue lease or loan pay- ments; (b)Financial penalties imposed under the lease due to high mileage,excessive use or abnormal wear and tear; (c)Security deposits not re- funded by the lessor; (d)Costs for extended warran- ties,Credit Life Insurance, Health,Accident or Disabil- ity Insurance purchased with the loan or lease; and (e)Carry-over balances from previous loans or leases,or (2)Actual cash value of the stolen or damaged property. b.An adjustment for depreciation and physical condition will be made in de- termining actual cash value at the time of "loss". 2.SECTION V -DEFINITIONS is amended by adding the following,but only for the purposes of this Loan or Lease Gap Coverage: "Total loss"means a "loss"in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. O.Glass Repair -Waiver of Deductible SECTION III -PHYSICAL DAMAGE COV- ERAGE,D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. P.Duties in the Event of an Accident,Claim, Suit or Loss -Amended SECTION IV -BUSINESS AUTO CONDI- TIONS,A. Loss Conditions,2.Duties in the Event of Accident,Claim,Suit or Loss,a.is amended by adding the following: This condition applies only when the "acci- dent"or "loss"is known to: 1.You,if you are an individual; 2.A partner,if you are a partnership; 3.An executive officer or insurance manag- er,if you are a corporation; or 4.A member or manager,if you are a lim- ited liability company. Q.Unintentional Failure to Disclose Hazards SECTION IV -BUSINESS AUTO CONDI- TIONS,B. General Conditions,2. Conceal- ment,Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form,we will not deny cover- age under this Coverage Form because of such failure. R.Mental Anguish Resulting from Bodily Inju- ry SECTION V -DEFINITIONS,C. "Bodily inju- ry"is deleted in its entirety and replaced by the following: "Bodily injury"means bodily injury,sickness or disease sustained by a person,including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. "Bodily injury"does not include mental anguish or death that does not result from bodily injury,sickness or disease. S.Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto"in operations for or affecting a railroad: 1.Section V -Definitions,H. "Insured con- tract",1.c.is amended to read: c.An easement or license agreement; 2.Section V -Definitions,H. "Insured con- tract",2.a.is deleted. Includes copyrighted material of ISO US 4096 11 16 Properties, Inc., with its permission.Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC NON-CONTRIBUTORY COVERAGE ENDORSEMENT -WHERE REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE: $ ,000,000 Each Occurrence Limit $ ,000,000 Aggregate Limit COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM, US 101 and US 101 UM, is amended as follows: A.SECTION III -LIMITS OF INSURANCE is amended to add the following: 7.For the purposes of this endorsement on- ly,the Limits of Insurance stated in the Schedule of this endorsement and de- scribed below will apply on a "non- contributory basis" within the parameters set forth in SECTION III -LIMITS OF IN- SURANCE of the Coverage Part to which this endorsement is attached: W e will not pay more on behalf of a "non- contributory additional insured"than the lesser of: a.The Limits of Insurance stated in the Schedule of this endorsement; or b.The limits of insurance required in a written contract on a "non- contributory basis" for such "non- contributory additional insured", but only to the extent the required limits of insurance are in excess of the "underlying insurance"; or c.The Limits of Insurance available af- ter the payment of "ultimate net loss" on any insured's behalf from any claim or "suit". This provision is included within and does not act to increase the Limits of Insurance stated in the Declarations. B.SECTION IV -CONDITIONS is amended as follows: 1.Condition 9. Other Insurance is amended to add the following: It is agreed that this condition does not apply to the "non-contributory additional insured's" own insurance program. This exception to the Other Insurance Condition shall only apply if the applicable "underlying insurance" applies on a "non- contributory basis"for such "non- contributory additional insured"and only to the extent of the specific limits of insur- ance required in a written contract or agreement on a "non-contributory basis" that is in excess of the "underlying insur- ance". 2.The following condition is added: 15.As a precedent to the receipt of in- surance coverage hereunder, the "non-contributory additional insured" must give written notice of such claim or "suit",including a demand for de- fense and indemnity, to any other in- surer who had coverage for the claim or "suit" under its policies. Such no- tice must demand the full coverage available and the "non-contributory additional insured"shall not waive or limit such other available coverage. This condition does not apply to the "non-contributory additional insured's" own insurance program. C.SECTION IV -DEFINITIONS is amended to add the following: 30."Non-contributory additional insured" means any person or organization: a.Qualifying as an additional insured under SECTION II -WHO IS AN IN- SURED, Paragraph 3.of the Cover- 5 5 Includes copyrighted material of ISO US 4096 11 16 Properties, Inc., with its permission.Page 2 of 2 age Part to which this endorsement is attached; and b.Being granted additional insured sta- tus on a "non-contributory basis"in the "underlying insurance"as re- quired in a written contract between an additional insured and a Named Insured provided: (1)The written contract or agree- ment is executed before the "oc- currence" resulting in "bodily in- jury", "personal and advertising injury" or "property damage" for which coverage is being sought under this endorsement; and (2)The written contract or agree- ment requires a specific limit of insurance on a "non-contributory basis" that is in excess of "un- derlying insurance". 31."Non-contributory basis" means that the limits of insurance of the Coverage Part to which this endorsement is attached apply to insured loss on behalf of the "non- contributory additional insured" prior to limits of insurance from other insurance in which the "non-contributory additional in- sured"is a named insured. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B Insured copy This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/5/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0002068808 of Texas Mutual Insurance Company effective on 10/5/21 Issued to: MCMAHON CONTRACTING AND CONSTRUCTION LLC DBA: MCMAHON CONTRACTING This is not a bill NCCI Carrier Code: 29939 Authorized representative 10/14/21 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 1 of 22 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict this insurance. Read the entire Coverage Part carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organi- zation qualifying as a Named Insured under this Coverage Part. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organi- zation qualifying as such under SECTION II - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY 1. Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the in- sured against any "suit" seeking dam- ages for "bodily injury" or "property dam- age" to which this insurance does not apply. We may, at our discretion, investi- gate any "occurrence" and settle any claim or "suit" that may result. But: (1)The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2)Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or medical expenses under SECTION I - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B. b.This insurance applies to "bodily injury" and "property damage" only if: (1)The "bodily injury" or "property dam- age" is caused by an "occurrence" that takes place in the "coverage ter- ritory"; (2)The "bodily injury" or "property dam- age" occurs during the policy period; and (3)Prior to the "coverage term" in which "bodily injury" or "property damage" occurs, you did not know, per Para- graph 1.d.below, that the "bodily in- jury" or "property damage" had oc- curred or had begun to occur, in whole or in part. c."Bodily injury" or "property damage" which: (1)Occurs during the "coverage term"; and (2)Was not, prior to the "coverage term", known by you, per Paragraph 1.d. below, to have occurred; includes any continuation, change or re- sumption of that "bodily injury" or "prop- erty damage" after the end of the "cover- age term" in which it first became known by you. d.You will be deemed to know that "bodily injury" or "property damage" has oc- curred at the earliest time when any "authorized representative": (1)Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; (3)First observes, or first observed, the "bodily injury" or "property damage"; (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or (5)Becomes aware, or become aware, of a condition from which "bodily in- jury" or "property damage" is sub- stantially certain to occur. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 2 of 22 e.Damages because of "bodily injury" in- clude damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bod- ily injury". 2. Exclusions This insurance does not apply to: a. Expected or Intended Injury "Bodily injury" or "property damage" which results from the intentional or criminal acts of the insured or which is in fact expected or intended by the insured, even if the injury or damage is of a differ- ent degree or type than actually expected or intended. This exclusion does not ap- ply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agree- ment; or (2)Assumed in a contract or agreement that is an "insured contract", pro- vided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agree- ment. When a claim for such "bodily injury" or "property damage" is made, we will defend that claim pro- vided the insured has assumed the obligation to defend such claim in the "insured contract". Such defense payments will not reduce the limits of insurance. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1)Causing or contributing to the intoxi- cation of any person; (2)The furnishing of alcoholic bever- ages to a person under the legal drinking age or under the influence of alcohol; or (3)Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distribut- ing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation and Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1)An "employee" of the insured sus- tained in the "workplace"; (2)An "employee" of the insured arising out of the performance of duties re- lated to the conduct of the insured's business; or (3)The spouse, child, parent, brother or sister of that "employee" as a conse- quence of Paragraphs (1)or (2) above. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other ca- pacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "in- sured contract". f. Pollutant (1)"Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollutants": (a)At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, Paragraph (a)does not apply to: 1)"Bodily injury" to any person injured while on any prem- ises, site or location owned or occupied by, or rented or loaned to, you provided: a)The injury is caused by the inadequate ventila- tion of vapors; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 3 of 22 b)The person injured is first exposed to such vapors during the pol- icy period; and c)Within 30 days of such first exposure, the per- son injured is clinically diagnosed or treated by a physician for the medical condition caused by the expo- sure to such vapors. However, Paragraph c) does not apply if the "bodily injury" is caused by vapors produced by or originating from equipment that is used to heat, cool or dehu- midify the building, or equipment that is used to heat water for per- sonal use, by the building's occupants or their guests. This exception 1)shall ap- ply only to Named Insureds; we shall have no duty to defend or pay damages for any person or organization that is not a Named In- sured. However, this para- graph does not apply if the "bodily injury" is caused by vapors produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests. For the purpose of the ex- ception granted in Para- graph 1)only, vapors means any gaseous or air- borne irritant or airborne contaminant, including smoke, fumes, vapor or soot, but excluding asbes- tos, which is discharged, dispersed, emitted, re- leased or escapes from materials, machinery or equipment used in the service or maintenance of the premises. Vapors does not mean any gaseous or airborne irritants or con- taminants used in a manu- facturing process or which is the product or by-product of any manufacturing proc- ess; 2)"Bodily injury" or "property damage" for which you may be held liable, if you are a contractor, and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongo- ing operations or "your work" performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that ad- ditional insured; or 3)"Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b)At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, stor- age, disposal, processing or treatment of waste; (c)Which are or were at any time transported, handled, stored, treated, disposed of, or proc- essed as waste by or for: 1)Any insured; or 2)Any person or organization for whom you may be le- gally responsible; (d)At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, Para- graph (d) does not apply to: 1)"Bodily injury" or "property damage" arising out of the discharge, dispersal, seep- age, migration, release, es- cape or emission of fuels, lubricants or other operating fluids, or exhaust gases, which are needed to per- Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 4 of 22 form, or are the result of, the normal electrical, hy- draulic or mechanical func- tions necessary for the op- eration of "mobile equip- ment" or its parts, if such fuels, lubricants or other operating fluids, or exhaust gases, escape, seep or mi- grate, or are discharged, dispersed, released or emitted from a vehicle part designed to hold, store or receive them. This excep- tion does not apply if the fu- els, lubricants or other op- erating fluids, or exhaust gases, escape, seep or mi- grate, or are discharged, dispersed, released or emitted with the intent to cause "bodily injury" or "property damage" or with the knowledge that "bodily injury" or "property damage" is substantially certain to occur, or if such fuels, lubri- cants or other operating fluids, or exhaust gases, are brought on or to the premises, site or location with such intent to escape, seep or migrate, or be dis- charged, dispersed, re- leased or emitted as part of the operations being per- formed by such insured, contractor or subcontractor; 2)"Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a con- tractor or subcontractor; or 3)"Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e)At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirectly on any insured's behalf are performing operations if the op- erations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2)Any loss, cost or expense arising out of any: (a)Request, demand, order or statutory or regulatory require- ment that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize, or in any way re- spond to, or assess the effects of, "pollutants"; or (b)Claim or suit by or on behalf of a governmental authority for dam- ages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxi- fying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, Paragraphs (2)(a) and (b) do not apply to liability for damages because of "property damage" that the insured would have in the ab- sence of such request, demand, or- der or statutory or regulatory re- quirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto or Watercraft "Bodily injury" or "property damage" aris- ing out of the ownership, maintenance, use or entrustment to others of any air- craft, "auto" or watercraft owned or oper- ated by or rented or loaned to any in- sured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage" involved the ownership, maintenance, use or entrustment to oth- ers of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1)A watercraft while ashore on prem- ises you own or rent; (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 5 of 22 (3)Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the in- sured; (4)Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5)"Bodily injury" or "property damage" arising out of: (a)The operation of machinery or equipment that is on, attached to, or part of, a land vehicle that would qualify under the defini- tion of "mobile equipment" if it were not subject to a compul- sory or financial responsibility law or other motor vehicle insur- ance law in the state where it is licensed or principally garaged; or (b)The operation of any of the ma- chinery or equipment listed in Paragraph f.(2)or f.(3)of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" aris- ing out of: (1)The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any insured; or (2)The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged rac- ing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indi- rectly, out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force, in- cluding action in hindering or de- fending against an actual or ex- pected attack, by any government, sovereign or other authority using military personnel or other agents; or (3)Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage to Property "Property damage" to: (1)Property you own, rent or occupy, including any costs or expenses in- curred by you, or any other person, organization or entity, for repair, re- placement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2)Premises you sell, give away or abandon, if the "property damage" arises out of any part of those prem- ises; (3)Property loaned to you; (4)Personal property in the care, cus- tody or control of an insured; (5)That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are per- forming operations, if the "property damage" arises out of those opera- tions; or (6)That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3)and (4)of this exclu- sion do not apply to "property damage" (other than damage by fire or explosion) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days, for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in SECTION III - LIM- ITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5)and (6)of this ex- clusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6)of this exclusion does not apply to "property damage" included in the "products-completed operations haz- ard". k. Damage to Your Product "Property damage" to "your product" arising out of it or any part of it. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 6 of 22 l. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations haz- ard". This exclusion does not apply if the dam- aged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Prop- erty Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1)A defect, deficiency, inadequacy or dangerous condition in "your prod- uct" or "your work"; or (2)A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall of Products, Work or Impaired Property Any liability or damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, re- call, inspection, repair, replacement, ad- justment, removal or disposal of: (1)"Your product"; (2)"Your work"; or (3)"Impaired property"; if such product, work or property is with- drawn or recalled from the market or from use by any person or organization be- cause of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal and Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Asbestos "Bodily injury" or "property damage" aris- ing out of, attributable to, or any way re- lated to asbestos in any form or trans- mitted in any manner. q. Employment-Related Practices "Bodily injury" to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's employment; or (c)Other employment-related prac- tices, policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evaluation, failure to promote, reassignment, discipline, defa- mation, harassment, humiliation or discrimination directed at that person; or (2)The spouse, child, parent, brother or sister of that person as a conse- quence of "bodily injury" to that per- son at whom any of the employment- related practices described in Para- graphs (a), (b)or (c)above is di- rected. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other ca- pacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that "bodily injury" or "property damage" had oc- curred or had begun to occur, in whole or in part, prior to the "coverage term" in which such "bodily injury" or "property damage" occurs or begins to occur. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that "bodily injury" or "property damage" has occurred or has begun to occur at the earliest time when that additional insured, or any one of its owners, members, part- ners, managers, executive officers, "em- ployees" assigned to manage that addi- tional insured's insurance program, or "employees" assigned to give or receive notice of an "occurrence", "personal and advertising injury" offense, claim or "suit": Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 7 of 22 (1)Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; (3)First observes, or first observed, the "bodily injury" or "property damage"; (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or (5)Becomes aware, or become aware, of a condition from which "bodily in- jury" or "property damage" is sub- stantially certain to occur. s. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, in- ability to access, or inability to manipulate "electronic data". t. Distribution of Material in Violation of Statutes "Bodily injury" or "property damage" aris- ing directly or indirectly out of any action or omission that violates or is alleged to violate: a.The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; or b.The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c.Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. Exclusions c.through q.do not apply to "property damage" by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner, for which the amount we will pay is limited to the Damage to Premises Rented To You Limit as described in SECTION III - LIMITS OF IN- SURANCE. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and ad- vertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may re- sult. But: (1)The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2)Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY;or medical expenses under SECTION I - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B. b.This insurance applies to "personal and advertising injury" only if: (1)The "personal and advertising injury" is caused by an offense arising out of your business; and (2)The "personal and advertising injury" offense was committed in the "cov- erage territory" during the policy pe- riod; and (3)Prior to the "coverage term" in which the "personal and advertising injury" offense is committed, you did not know, per Paragraph 1.d.below, that the offense had been committed or had begun to be committed, in whole or in part. c."Personal and advertising injury" caused by an offense which: (1)Was committed during the "coverage term"; and (2)Was not, prior to the "coverage term", known by you, per Paragraph 1.d. below, to have been committed; includes any continuation, change or re- sumption of that offense after the end of Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 8 of 22 the "coverage term" in which it first be- came known by you. d.You will be deemed to know that a "per- sonal and advertising injury" offense has been committed at the earliest time when any "authorized representative": (1)Reports all, or any part, of the "per- sonal and advertising injury" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3)First observes, or first observed, the offense that caused the "personal and advertising injury"; (4)Becomes aware, or become aware, by any means, other than as de- scribed in (3)above, that the offense had been committed or had begun to be committed; or (5)Becomes aware, or become aware, of a condition from which "personal and advertising injury" is substan- tially certain to occur. 2. Exclusions This insurance does not apply to: a. Knowing Violation of Rights of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge of Falsity "Personal and advertising injury" arising out of oral or written publication of mate- rial, if done by or at the direction of the in- sured with knowledge of its falsity. c. Material Published Prior to Coverage Term "Personal and advertising injury" arising out of oral or written publication of mate- rial whose first publication took place be- fore the later of the following: (1)The inception of this Coverage Part; or (2)The "coverage term" in which insur- ance coverage is sought. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agree- ment; or (2)Assumed in a contract or agreement that is an "insured contract", pro- vided the "personal and advertising injury" is caused by or arises out of an offense committed subsequent to the execution of the contract or agreement. When a claim for such "personal and advertising injury" is made, we will defend that claim, pro- vided the insured has assumed the obligation to defend such claim in the "insured contract". Such defense payments will not reduce the limits of insurance. f. Breach of Contract "Personal and advertising injury" arising out of a breach of contract, except an im- plied contract to use another's advertising idea in your "advertisement". g. Quality or Performance of Goods - Failure to Conform to Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "ad- vertisement". h. Wrong Description of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". i. Infringement of Copyright, Patent, Trademark or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, pat- ent, trademark, trade secret or other in- tellectual property rights. However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds in Media and Internet Type Businesses "Personal and advertising injury" com- mitted by an insured whose business is: Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 9 of 22 (1)Advertising, broadcasting, publishing or telecasting; (2)Designing or determining content of web-sites for others; or (3)An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 17. a., b.and c. of "personal and advertising injury" under SECTION V - DEFINITIONS. For the purposes of this exclusion, the placing of frames, borders or links, or ad- vertising, for you or others anywhere on the Internet is not, by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board any insured hosts, owns, or over which any insured exercises control. l. Unauthorized Use of Another's Name or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's poten- tial customers. m. Employment Related Practices "Personal and advertising injury" to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's employment; or (c)Other employment-related prac- tices, policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evaluation, failure to promote, reassignment, discipline, defa- mation, harassment, humiliation or discrimination directed at that person; or (2)The spouse, child, parent, brother or sister of that person as a conse- quence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other ca- pacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. n. Pollutant "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollut- ants" at any time. o. Pollutant-Related Any loss, cost or expense arising out of any: (1)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)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 as- sessing the effects of, "pollutants". p. Asbestos "Personal and advertising injury" arising out of, attributable to, or any way related to asbestos in any form or transmitted in any manner. q. Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that a "per- sonal and advertising injury" offense had been committed or had begun to be committed, in whole or in part, prior to the "coverage term" in which such offense was committed or began to be commit- ted. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that a "personal and advertising injury" offense has been committed or has begun to be committed at the earliest time when that additional insured, or any one of its own- ers, members, partners, managers, ex- ecutive officers, "employees" assigned to Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 10 of 22 manage that additional insured's insur- ance program, or "employees" assigned to give or receive notice of an "occur- rence", "personal and advertising injury" offense, claim or "suit": (1)Reports all, or any part, of the "per- sonal and advertising injury" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3)First observes, or first observed, the offense that caused the "personal and advertising injury"; (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that the "per- sonal and advertising injury" offense had been committed or had begun to be committed; or (5)Becomes aware, or become aware, of a condition from which "personal and advertising injury" is substan- tially certain to occur. r. War "Personal and advertising injury", how- ever caused, arising, directly or indirectly, out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force, in- cluding action in hindering or de- fending against an actual or ex- pected attack, by any government, sovereign or other authority using military personnel or other agents; or (3)Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. s. Distribution of Material in Violation of Statutes "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a.The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; or b.The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c.Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement a.We will pay medical expenses as de- scribed below for "bodily injury" caused by an accident: (1)On premises you own or rent; (2)On ways next to premises you own or rent; or (3)Because of your operations; provided that: (1)The accident takes place in the "coverage territory" and during the policy period; (2)The expenses are incurred and re- ported to us within three years of the date of the accident; and (3)The injured person submits to ex- amination, at our expense, by physi- cians of our choice as often as we reasonably require. b.We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1)First aid administered at the time of an accident; (2)Necessary medical, surgical, x-ray and dental services, including pros- thetic devices; and (3)Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer work- ers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury on Normally Occupied Premises To a person injured on that part of prem- ises you own or rent that the person nor- mally occupies. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 11 of 22 d. Workers' Compensation and Similar Laws To a person, whether or not an "em- ployee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletic Activities To any person injured while officiating, coaching, practicing for, instructing or participating in any physical exercises or games, sports, or athletic contests or ex- hibitions of an athletic or sports nature. f. Products-Completed Operations Haz- ard Included within the "products-completed operations hazard". g. Coverage A Exclusions Excluded under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: 1.All expenses we incur. 2.Up to $250 for cost of bail bonds required be- cause 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. 3.The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4.All reasonable expenses incurred by the in- sured at our request to assist us in the inves- tigation or defense of the claim or "suit", in- cluding actual loss of earnings up to $250 a day because of time off from work. 5.All costs taxed against the insured in the "suit". 6.Prejudgment interest awarded against the insured on that part of the judgment we be- come obligated to pay and which falls within the applicable limit of insurance. If we make an offer to pay the applicable limit of insur- ance, we will not pay any prejudgment interest based on that period of time after the offer. 7.All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or de- posited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. SECTION II - WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c.A limited liability company, you are an in- sured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with respect to their du- ties as your managers. d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive offi- cers" and directors are insureds, but only with respect to their duties as your offi- cers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2.Each of the following is also an insured: a.Your "volunteer workers" only while per- forming duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1)"Bodily injury" or "personal and ad- vertising injury": (a)To you, to your partners or members (if you are a partner- ship or joint venture), to your members (if you are a limited li- ability company), to a co- "employee" while in the course of his or her employment or performing duties related to the Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 12 of 22 conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of that co- "employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d)Arising out of his or her provid- ing or failing to provide profes- sional health care services. (2)"Property damage" to property: (a)Owned, occupied or used by; or (b)Rented to, in the care, custody or control of, or over which physical control is being exer- cised for any purpose by, you, any of your "employees", "vol- unteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b.Any person (other than your "employee" or "volunteer worker"), or any organiza- tion while acting as your real estate man- ager. c.Any person or organization having proper temporary custody of your property if you die, but only: (1)With respect to liability arising out of the maintenance or use of that prop- erty; and (2)Until your legal representative has been appointed. d.Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3.Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited 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 organiza- tion. However: a.Insurance under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to "bodily injury" or "property damage" that occurred before you ac- quired or formed the organization; and c. COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY does not apply to "personal and advertising injury" arising out of an offense committed be- fore you acquired or formed the organi- zation. No person or organization is an insured with re- spect to the conduct of any current or past part- nership, joint venture or limited liability company that is not shown as a Named Insured in the Dec- larations. SECTION III - LIMITS OF INSURANCE 1.The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 2. a.The General Aggregate Limit is the most we will pay for the sum of: (1)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; (2)Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY,except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and (3)Damages under COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY. This General Aggregate Limit will not ap- ply if either the Location General Aggre- gate Limit of Insurance, Paragraph 2.b., or the Construction Project General Ag- gregate Limit of Insurance, Paragraph 2.c. applies. b.A separate Location General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall apply to each location owned by, or rented or leased to you and is the most we will pay for the sum of: (1)Damages under COVERAGE A. BODILY INJURY AND PROPERTY Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 13 of 22 DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and (2)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS, which can be attributed to operations at only a single location owned by, or rented or leased to you. c.A separate Construction Project General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall ap- ply to each construction project and is the most we will pay for the sum of: (1)Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and (2)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; which can be attributed only to ongoing operations and only at a single construc- tion project. d.Only for the purpose of determining which General Aggregate Limit of Insurance, 2.a., 2.b., or 2.c., applies: (1)Location means premises involving the same or connecting lots, or premises, whose connection is inter- rupted only by a street, roadway, waterway or right-of-way of a rail- road. (2)Construction project means a loca- tion you do not own, rent or lease where ongoing improvements, al- terations, installation, demolition or maintenance work is performed by you or on your behalf. All connected ongoing improvements, alterations, installation, demolition or mainte- nance work performed by you or on your behalf at the same location for the same persons or organizations, no matter how often or under how many different contracts, will be deemed to be a single construction project. 3.The Products-Completed Operations Aggre- gate Limit is the most we will pay under COV- ERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property dam- age" included in the "products-completed op- erations hazard". 4.Subject to 2.a.above, the Personal and Ad- vertising Injury Limit is the most we will pay under COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY for the sum of all damages because of all "personal and ad- vertising injury" sustained by any one person or organization. 5.Subject to 2. or 3.above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a.Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY; and b.Medical expenses under COVERAGE C. MEDICAL PAYMENTS; because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6.Subject to 5.above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. 7.Subject to 5.above, the Medical Expense Limit is the most we will pay under COVER- AGE C. MEDICAL PAYMENTS for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part ap- ply separately to each "coverage term". SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 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 a "personal and advertising injury" of- fense which may result in a claim. To the extent possible, notice should include: (1)How, when and where the "occur- rence" or offense took place; (2)The names and addresses of any injured persons and witnesses; and Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 14 of 22 (3)The nature and location of any injury or damage arising out of the "occur- rence" or offense. b.If a claim is made or "suit" is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit" and the date re- ceived; 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. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investiga- tion or settlement of the claim or de- fense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of in- jury or damage to which this insur- ance may also apply. d.No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any ex- pense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to re- cover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur- ance. An agreed settlement means a settle- ment and release of liability signed by us, the insured and the claimant or the claimant's le- gal representative. 4. Liberalization If, within 60 days prior to the beginning of this Coverage Part or during the policy period, we make any changes to any forms or endorse- ments of this Coverage Part for which there is currently no separate premium charge, and that change provides more coverage than this Coverage Part, the change will automatically apply to this Coverage Part as of the latter of: a.The date we implemented the change in your state; or b.The date this Coverage Part became ef- fective; and will be considered as included until the end of the current policy period. We will make no ad- ditional premium charge for this additional coverage during the interim. 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COV- ERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also pri- mary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1)Any of the other insurance, whether primary, excess, contingent or on any other basis: (a)That is Fire, Extended Cover- age, Builder's Risk, Installation Risk or similar insurance for "your work"; (b)That is Fire or Explosion insur- ance for premises rented to you or temporarily occupied by you with permission of the owner; (c)That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tem- porarily occupied by you with permission of the owner; or (d)If the loss arises out of the maintenance or use of aircraft, Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 15 of 22 "autos" or watercraft to the ex- tent not subject to SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY, 2. Exclusions, g. Aircraft, Auto or Watercraft. (2)Any other primary insurance avail- able to the insured covering liability for damages arising out of the premises or operations, or the prod- ucts and completed operations, for which the insured has been added as an additional insured by attach- ment of an endorsement. (3)Any other insurance: (a)Whether primary, excess, con- tingent or on any other basis, except when such insurance is written specifically to be excess over this insurance; and (b)That is a consolidated (wrap-up) insurance program which has been provided by the prime contractor/project manager or owner of the consolidated proj- ect in which you are involved. When this insurance is excess, we will have no duty under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that ex- ceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provi- sion and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cover- age Part. c. Method of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 6. Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retro- spective premiums is the date shown as the due date on the bill. If: (1)The earned premium is less than the deposit premium, we will return the excess to the first Named Insured; or (2)The earned premium is greater than the deposit premium, the difference will be due and payable to us by the first Named Insured upon notice from us. c.The first Named Insured must keep rec- ords of the information we need for pre- mium computation, and send us copies at such times as we may request. 7. Representations By accepting this Coverage Part, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon repre- sentations you made to us; and c.We have issued this Coverage Part in re- liance upon your representations. 8. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named In- sured, this insurance applies: Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 16 of 22 a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 9. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 10. Two or More Coverage Forms or Policies Issued by Us If this Coverage Part and any other Coverage Form or Coverage Part forming a part of this policy apply to the same "occurrence" or "per- sonal and advertising injury" offense, the ag- gregate maximum Limit of Insurance under all the Coverage Forms or Coverage Parts shall not exceed the highest applicable Limit of In- surance under any one Coverage Form or Coverage Part. This condition does not apply to any Coverage Form or Coverage Part is- sued by us specifically to apply as excess in- surance over this Coverage Part. 11. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written notice of the nonrenewal not less than 30 days be- fore the expiration date. If notice is mailed, proof of mailing will be suf- ficient proof of notice. SECTION V - DEFINITIONS 1."Advertisement" means a notice that is broad- cast, telecast or published to the general pub- lic or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. "Adver- tisement" includes a publicity article. For pur- poses of this definition: a.Notices that are published include mate- rial placed on the Internet or on similar electronic means of communication; and b.Regarding web-sites, only that part of a web-site that is about your goods, prod- ucts or services for the purposes of at- tracting customers or supporters is con- sidered an "advertisement". 2."Authorized representative" means: a.If you are designated in the Declarations as: (1)An individual, you and your spouse are "authorized representatives". (2)A partnership or joint venture, your members, your partners, and their spouses are "authorized representa- tives". (3)A limited liability company, your members and your managers are "authorized representatives". (4)An organization other than a part- nership, joint venture or limited liabil- ity company, your "executive offi- cers" and directors are "authorized representatives". Provided you are not a publicly traded organization, your stockholders are also "author- ized representatives". (5)A trust, your trustees are "authorized representatives". b.Your "employees": (1)Assigned to manage your insurance program; or (2)Responsible for giving or receiving notice of an "occurrence", "personal and advertising injury" offense, claim or "suit"; are also "authorized representatives". 3."Auto" means: a.A land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4."Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 5."Coverage term" means the following individ- ual increment, or if a multi-year policy period, increments, of time, which comprise the policy period of this Coverage Part: a.The year commencing on the Effective Date of this Coverage Part at 12:01 AM standard time at your mailing address shown in the Declarations, and if a multi- year policy period, each consecutive an- nual period thereafter, or portion thereof if any period is for a period of less than 12 months, constitute individual "coverage Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 17 of 22 terms". The last "coverage term" ends at 12:00 AM standard time at your mailing address shown in the Declarations on the earlier of: (1)The day the policy period shown in the Declarations ends; or (2)The day the policy to which this Cov- erage Part is attached is terminated or cancelled. b.However, if after the issuance of this Coverage Part, any "coverage term" is extended for an additional period of less than 12 months, that additional period of time will be deemed to be part of the last preceding "coverage term". 6."Coverage territory" means: a.The United States of America (including its territories and possessions), Puerto Rico and Canada; b.International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c.All other parts of the world if the injury or damage arises out of: (1)Goods or products made or sold by you in the territory described in a. above; (2)The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3)"Personal and advertising injury" of- fenses that take place through the Internet or similar electronic means of communication, provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement to which we agree. 7."Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically con- trolled equipment. 8."Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". 9."Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10."Hostile fire" means one which becomes un- controllable or breaks out from where it was intended to be. 11."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a.It incorporates "your product" or "your work" that is known or thought to be de- fective, deficient, inadequate or danger- ous; or b.You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a.The repair, replacement, adjustment or removal of "your product" or "your work"; or b.Your fulfilling the terms of the contract or agreement. 12."Insured contract" means: a.A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "property damage" by fire or explosion to premises while rented to you or temporarily occu- pied by you with permission of the owner is not an "insured contract"; b.A sidetrack agreement; c.Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 feet of a railroad; d.An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage" or "personal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 18 of 22 (1)That indemnifies a railroad for "bodily injury", "property damage" or "per- sonal and advertising injury" arising out of construction or demolition op- erations, within 50 feet of any rail- road property and affecting any rail- road bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2)That indemnifies an architect, engi- neer or surveyor for injury or damage arising out of: (a)Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; or (b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (3)Under which the insured, if an archi- tect, engineer or surveyor, assumes liability for an injury or damage aris- ing out of the insured's rendering or failure to render professional serv- ices, including those listed in Para- graph (2)above and supervisory, in- spection, architectural or engineering activities; (4)That indemnifies an advertising, pub- lic relations or media consulting firm for "personal and advertising injury" arising out of the planning, execution or failure to execute marketing com- munications programs. Marketing communications programs include but are not limited to comprehensive marketing campaigns; consumer, trade and corporate advertising for all media; media planning, buying, monitoring and analysis; direct mail; promotion; sales materials; design; presentations; point-of-sale materi- als; market research; public relations and new product development; (5)Under which the insured, if an adver- tising, public relations or media con- sulting firm, assumes liability for "personal and advertising injury" arising out of the insured's rendering or failure to render professional services, including those services listed in Paragraph (4), above; (6)That indemnifies a web-site designer or content provider, or Internet search, access, content or service provider for injury or damage arising out of the planning, execution or fail- ure to execute Internet services. Internet services include but are not limited to design, production, distri- bution, maintenance and administra- tion of web-sites and web-banners; hosting web-sites; registering do- main names; registering with search engines; marketing analysis; and providing access to the Internet or other similar networks; or (7)Under which the insured, if a web- site designer or content provider, or Internet search, access, content or service provider, assumes liability for injury or damage arising out of the insured's rendering or failure to ren- der Internet services, including those listed in Paragraph (6), above. 13."Leased worker" means a person leased to you by a labor leasing firm under an agree- ment between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing firm. "Leased worker" does not include a "temporary worker". 14."Loading or unloading" means the handling of property: a.After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b.While it is in or on an aircraft, watercraft or "auto"; or c.While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a me- chanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15."Mobile equipment" means any of the follow- ing types of land vehicles, including any at- tached machinery or equipment: a.Bulldozers, farm machinery, forklifts and other vehicles designed for use princi- pally off public roads; b.Vehicles maintained for use solely on or next to premises you own or rent; c.Vehicles that travel on crawler treads; d.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1)Power cranes, shovels, loaders, dig- gers or drills; or Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 19 of 22 (2)Road construction or resurfacing equipment such as graders, scrap- ers or rollers; e.Vehicles not described in a., b., c.or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1)Air compressors, pumps and gen- erators, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment; or (2)Cherry pickers and similar devices used to raise or lower workers; f.Vehicles not described in a., b., c.or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1)Equipment designed primarily for: (a)Snow removal; (b)Road maintenance, but not con- struction or resurfacing; or (c)Street cleaning; (2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3)Air compressors, pumps and gen- erators, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment. However, "mobile equipment" does not in- clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehi- cle insurance law are considered "autos". 16."Occurrence" means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions. 17."Personal and advertising injury" means in- jury, including consequential "bodily injury", arising out of one or more of the following of- fenses: a.False arrest, detention or imprisonment; b.Malicious prosecution; c.The wrongful eviction from, wrongful entry into, or invasion of the right of private oc- cupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d.Oral or written publication, in any manner, of material that slanders or libels a per- son or organization or disparages a per- son's or organization's goods, products or services; e.Oral or written publication, in any manner, of material that violates a person's right of privacy; f.The use of another's advertising idea in your "advertisement"; or g.Infringing upon another's copyright, trade dress or slogan in your "advertisement". 18."Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and petroleum by-products, and waste. Waste includes materials to be recycled, recondi- tioned or reclaimed. 19."Products-completed operations hazard": a.Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1)Products that are still in your physical possession; or (2)Work that has not yet been com- pleted or abandoned. However, "your work" will be deemed com- pleted at the earliest of the following times: (a)When all of the work called for in your contract has been com- pleted; or (b)When all of the work to be done at the job site has been com- pleted if your contract calls for work at more than one job site; or (c)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, main- tenance, correction, repair or re- placement, but which is otherwise Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 20 of 22 complete, will be treated as com- pleted. b.Does not include "bodily injury" or "prop- erty damage" arising out of: (1)The transportation of property, un- less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "load- ing or unloading" of that vehicle by any insured; (2)The existence of tools, uninstalled equipment or abandoned or unused materials; or (3)Products or operations for which the classification, listed in the Declara- tions or in a schedule, states that products-completed operations are included. 20."Property damage" means: a.Physical injury to tangible property, in- cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physi- cal injury that caused it; or b.Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 21."Suit" means a civil proceeding in which money damages because of "bodily injury", "property damage" or "personal and advertis- ing injury" to which this insurance applies are alleged. "Suit" includes: a.An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; b.Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent; or c.An appeal of a civil proceeding. 22."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compen- sation by you or anyone else for their work performed for you. 24."Workplace" means that place and during such hours to which the "employee" sustain- ing "bodily injury" was assigned by you, or any other person or entity acting on your be- half, to work on the date of "occurrence". 25."Your product": a.Means: (1)Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a)You; (b)Others trading under your name; or (c)A person or organization whose business or assets you have acquired; and (2)Containers (other than vehicles), materials, parts or equipment fur- nished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fit- ness, quality, durability, performance or use of "your product"; and (2)The providing of or failure to provide warnings or instructions. c.Does not include vending machines or other property rented to or located for the use of others but not sold. 26."Your work": a.Means: (1)Work or operations performed by you or on your behalf; and (2)Materials, parts or equipment fur- nished in connection with such work or operations. b.Includes: (1)Warranties or representations made at any time with respect to the fit- ness, quality, durability, performance or use of "your work"; and (2)The providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 21 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1.The insurance does not apply: A.Under any Liability Coverage, to "bodily injury" or "property damage": (1)With respect to which an insured un- der this Coverage Part is also an in- sured under a nuclear energy liability policy issued by Nuclear Energy Li- ability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2)Resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which (a)any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this Coverage Part not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, un- der any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B.Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazard- ous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C.Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nu- clear material", if: (1)The "nuclear material" (a)is at any "nuclear facility" owned by, or oper- ated by or on behalf of, an insured, or (b)has been discharged or dis- persed therefrom; (2)The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, proc- essed, stored, transported or dis- posed of, by or on behalf of an in- sured; or (3)The "bodily injury" or "property dam- age" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such fa- cility is located within the United States of America, its territories or possessions or Canada, this Exclu- sion (3)applies only to "property damage" to such "nuclear facility" and any property thereat. 2.As used in this exclusion: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product ma- terial". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear re- actor". "Waste" means any waste material (a)con- taining "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b)resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: A.Any "nuclear reactor"; B.Any equipment or device designed or used for (1)separating the isotopes of uranium or plutonium, (2)processing or utilizing "spent fuel", or (3)handling, processing or packaging "waste"; C.Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is lo- cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 22 of 22 D.Any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of ra- dioactive contamination of property. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 1 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLE ASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL I NSURED -AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT,AGREEMENT, PERMIT OR AU THORIZ ATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: a."Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b."Bodily injury" or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in cluded in the "products-completed operations hazard", but only if: (1)The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard"; and (2)The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products- completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products-completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10 , without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the “prod- ucts-completed operations hazard”, this Paragraph b.does not apply to that person or organization. 2.If the written contract or written agree- ment described in Paragraph 1.above specifically requires you to provide addi- tional insured coverage to that person or organization: a.Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 2 of 3 b.By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, b y in Paragraph A.1.a.and/or Para- graph A.1.b.above, whichever applies, is replaced by the phrase arising out of. 3.With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings 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, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4.This Paragraph A.does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations 1. Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. 2.With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a."Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b."Bodily injury" or "property damage" included within the "products- completed operations hazard." C.The insurance afforded to additional insureds described in Paragraphs A.and B.: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3.Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D.With respect to the insurance afforded to the additional insureds described in Paragraphs A.and B., the following is added to Section III - Limits Of Insurance : The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1.Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B.; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: 1.During the policy period; and Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 3 of 3 2.Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F.Except when G.below applies, the following is added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A.and B.except: 1.As otherwise provided in Section IV - Commercial General Liability Condi- tions, 5. Other Insurance , b. Excess In- surance; or 2.For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. G.The following is added to Section IV - Com- mercial General Liability Conditions, 5. Other Insurance,and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In- sured under such other insurance; and 2.You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A.or B.that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In- sured under such other insurance; and 2.You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A.or B.that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. H. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 1 of 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS -CONTRACTORS'COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage:Begins on Page: 1. Employee Benefit Liability Coverage .......................................................................................3 2. Unintentional Failure to Disclose Hazards ..............................................................................9 3. Damage to Premises Rented to You ........................................................................................9 4. Supplementary Payments ......................................................................................................10 5. Medical Payments ...................................................................................................................10 6. 180 Day Coverage for Newly Formed or Acquired organizations .....................................10 7. Waiver of Subrogation ............................................................................................................11 8. Automatic Additional Insured - Specified Relationships: ..................................................11 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises; and • Mortgagee, Assignee or Receiver 9. Property Damage to Borrowed Equipment ..........................................................................14 10. Employees as Insureds - Specified Health Care Services and Good Samaritan Services ...................................................................................................................................15 11. Broadened Notice of Occurrence ..........................................................................................15 12. Nonowned Aircraft ..................................................................................................................15 13. Bodily Injury Redefined ..........................................................................................................15 14. Expected or Intended Injury Redefined ................................................................................15 15. Former Employees as Insureds ............................................................................................15 16. Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage ..................................................................................................................................16 17. Broadened Contractual Liability - Work Within 50' of Railroad Property .........................17 18. Alienated Premises .................................................................................................................17 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage to Premises Rented to You The lesser of: a.The Each Occurrence Limit shown in the Declarations; or b.$500,000 unless otherwise stated $ 4. Supplementary Payments a.Bail Bonds: $2,500 Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 2 of 17 b.Loss of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage to Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage a.)And Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b.$5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS (a)Area (b)Payroll (c)Gross Sales (d)Units (e)Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) b.Care, Custody or Control $ TOTAL ANNUAL PREMIUM $ Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 3 of 17 C. Coverages 1. Employee Benefit Liability Coverage a.The following is added to Section I - Coverages: Employee Benefit Liability Cover- age (1) Insuring Agreement (a)We will pay those sums that the insured becomes legally obligated to pay as damag- es caused by any act, error or omission of the insured, or of any other person for whose acts the insured is legally liable, to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this in- surance does not apply. We may, at our discretion, in- vestigate any report of an act, error or omission and settle any claim or "suit" that may result. But: 1)The amount we will pay for damages is limited as described in Section III - Limits of Insur- ance; and 2)Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judg- ments or settlements. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. (b)This insurance applies to damages only if the act, er- ror or omission, is negligent- ly committed in the "admin- istration" of your "employee benefit program"; and 1)Occurs during the policy period; or 2)Occurred prior to the "first effective date" of this endorsement pro- vided you did not have knowledge of a claim or "suit" on or before the "first effective date" of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "authorized representa- tive"; a)Reports all, or any part, of the act, er- ror or omission to us or any other in- surer; b)Receives a written or verbal demand or claim for dam- ages because of the act, error or omission. (2) Exclusions This insurance does not apply to: (a) Bodily Injury, Property Damage or Personal and Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". (b) Dishonest, Fraudulent, Criminal or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c) Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d) Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit program". Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 4 of 17 (e) Inadequacy of Perfor- mance of Invest- ment/Advice Given With Respect to Participation Any claim based upon: 1)Failure of any invest- ment to perform; 2)Errors in providing in- formation on past per- formance of investment vehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to par- ticipate in any plan in- cluded in the "employee benefit program". (f) Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, un- employment compensation insurance, social security or disability benefits law or any similar law. (g) ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. (h) Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured, from the applicable funds accrued or other col- lectible insurance. (i) Taxes, Fines or Penalties Taxes, fines or penalties, in- cluding those imposed un- der the Internal Revenue Code or any similar state or local law. (j) Employment-Related Prac- tices Any liability arising out of any: (1)Refusal to employ; (2)Termination of employ- ment; (3)Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment, humiliation, discrimina- tion or other employ- ment - related practices, acts or omissions; or (4)Consequential liability as a result of (1), (2) or (3)above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in- jury. (3) Supplementary Payments Section I - Coverages, Sup- plementary Payments - Cover- ages A and B also apply to this Coverage. b. Who Is An Insured As respects Employee Benefit Lia- bility Coverage, Section II - Who is an Insured is replaced by the follow- ing: (1)If you are designated in the Dec- larations as: (a)An individual, you and your spouse are insureds, but on- ly with respect to the con- duct of a business of which you are the sole owner. (b)A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c)A limited liability company, you are an insured. Your Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 5 of 17 members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with respect to their duties as your man- agers. (d)An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "execu- tive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with re- spect to their liability as stockholders. (e)A trust, you are an insured. Your trustees are also in- sureds, but only with respect to their duties as trustees. (2)Each of the following is also an insured: (a)Each of your "employees" who is or was authorized to administer your "employee benefit program"; (b)Any persons, organizations or "employees" having prop- er temporary authorization to administer your "employ- ee benefit program" if you die, but only until your legal representative is appointed; or (c)Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and duties under this Coverage Part. (3)Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or major- ity interest, will qualify as a Named Insured if no other similar insurance applies to that organi- zation. However, coverage under this provision: (a)Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b)Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c. Limits of Insurance As respects Employee Benefit Lia- bility Coverage, Section III - Limits of Insurance is replaced by the fol- lowing: (1)The Limits of Insurance shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage and the rules below fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; (c)Persons or organizations making claims or bringing "suits"; (d)Acts, errors or omissions; or (e)Benefits included in your "employee benefit program". (2)The Aggregate Limit shown in Section B. Limits of Insurance , 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam- ages because of acts, errors or omissions negligently committed in the "administration" of your "employee benefit program". (3)Subject to the limit described in (2)above, the Each Employee Limit shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of: (a)An act, error or omission; or (b)A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 6 of 17 negligently committed in the "administration" of your "employ- ee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program." (4) Deductible Amount (a)Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the Deductible Amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b)The Deductible Amount stated in the Declarations applies to all damages sus- tained by any one "employ- ee", including such "employ- ee's" dependents and bene- ficiaries, because of all acts, errors or omissions to which this insurance applies. (c)The terms of this insurance, including those with respect to: 1)Our right and duty to defend the insured against any "suits" seeking those damag- es; and 2)Your duties, and the du- ties of any other in- volved insured, in the event of an act, error or omission, or claim; apply irrespective of the ap- plication of the Deductible Amount. (d)We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as we have paid. d. Additional Conditions As respects Employee Benefit Lia- bility Coverage, Section IV - Com- mercial General Liability Condi- tions is amended as follows: (1)Item 2. Duties in the Event of Occurrence, Offense, Claim or Suit is replaced by the following: 2. Duties in the Event of An Act, Error or Omission, or Claim or Suit a.You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, notice should include: (1)What the act, error or omission was and when it oc- curred; and (2)The names and addresses of any- one who may suf- fer damages as a result of the act, error or omission. b.If a claim is made or "suit" is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practicable. c.You and any other in- volved insured must: (1)Immediately send us copies of any demands, notices, summonses or le- gal papers re- ceived in connec- tion with the claim or "suit"; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 7 of 17 (2)Authorize us to ob- tain records and other information; (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request, in the en- forcement of any right against any person or organi- zation which may be liable to the in- sured because of an act, error or omission to which this insurance may also apply. d.No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent. (2)Item 5. Other Insurance is re- placed by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is prima- ry except when c.below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also prima- ry. Then, we will share with all that other insur- ance by the method de- scribed in b.below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this meth- od also. Under this ap- proach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. c. Excess Insurance This insurance is ex- cess over any of the other insurance, wheth- er primary, excess, con- tingent or on any other basis that is insurance purchased by you to coverage damages for acts, errors or omis- sions that occurred prior to the "first effective date". e. Additional Definitions As respects Employee Benefit Lia- bility Coverage, Section V - Defini- tions is amended as follows: (1)The following definitions are added: 1."Administration" means: a.Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b.Interpreting the "em- ployee benefit pro- grams"; c.Handling records in connection with the "employee benefit pro- grams"; or d.Effecting, continuing or terminating any "em- ployee's" participation in Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 8 of 17 any benefit included in the "employee benefit program". However, "administration" does not include: a.Handling payroll deduc- tions; or b.The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits. 2."Cafeteria plans" means plans authorized by applica- ble law to allow "employees" to elect to pay for certain benefits with pre-tax dollars. 3."Employee benefit pro- grams" means a program providing some of all of the following benefits to "em- ployees", whether provided through a "cafeteria plan" or otherwise: a.Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible spending ac- counts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligibil- ity requirements; b.Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, pro- vided that no one other than an "employee" may subscribe to such benefits and such bene- fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; c.Unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits; and d.Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, includ- ing military, maternity, family, and civil leave; tuition assistance plans; transportation and health club subsidies. 4."First effective date" means the date upon which cover- age was first effected in a series of uninterrupted re- newals of insurance cover- age. (2)The following definitions are de- leted in their entirety and re- placed by the following: 8."Employee" means a person actively employed, formerly employed, on leave of ab- sence or disabled, or retired. "Employee" includes a "leased worker". "Employee" does not include a "tempo- rary worker". 21."Suit" means a civil proceed- ing in which money damag- es because of an act, error or omission to which this in- surance applies are alleged. "Suit" includes: a.An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; b.Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c.An appeal of a civil pro- ceeding. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 9 of 17 2. Unintentional Failure to Disclose Haz- ards Section IV - Commercial General Liabil- ity Conditions, 7. Representations is amended by the addition of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disclose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part based solely on such failure. 3. Damage to Premises Rented to You a.The last Paragraph of 2. Exclusions under Section I - Coverage A - Bod- ily Injury and Property Damage Li- ability is replaced by the following: Exclusions c.through q.do not apply to "property damage" by fire, explo- sion, lightning, smoke or soot to premises while rented to you or tem- porarily occupied by you with permis- sion of the owner, for which the amount we will pay is limited to the Damage to Premises Rented to You Limit as described in Section III - Limits of Insurance. b.The insurance provided under Sec- tion I - Coverage A - Bodily Injury and Property Damage Liability ap- plies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. (1)As respects Water Damage Le- gal Liability, as provided in Para- graph 3.b.above: The exclusions under Section I - Coverage A - Bodily Injury and Property Damage Liability,2. Exclusions, other than i. War and the Nuclear Energy Liabil- ity Exclusion (Broad Form) , are deleted and the following are added: This insurance does not apply to: (a)"Property damage": (i)Assumed in any con- tract or agreement; or (ii)Caused by or resulting from any of the follow- ing: 1)Wear and tear; 2)Rust or other cor- rosion, decay, de- terioration, hidden or latent defect or any quality in property that caus- es it to damage or destroy itself; 3)Smog; 4)Mechanical break- down, including rupture or bursting caused by centrif- ugal force; 5)Settling, cracking, shrinking or ex- pansion; 6)Nesting or infesta- tion, or discharge or release of waste products or secre- tions, by insects, birds, rodents or other animals; or 7)Presence, growth, proliferation, spread or any ac- tivity of fungus, in- cluding mold or mildew, and any mycotoxins, spores, scents or byproducts pro- duced or released by fungi. (b)"Property damage" caused directly or indirectly by any of the following: (i)Earthquake, volcanic eruption, landslide or any other earth move- ment; (ii)Water that backs up or overflows or is other- wise discharged from a sewer, drain, sump, sump pump or related equipment; (iii)Water under the ground surface pressing on, or flowing or seeping through: 1)Foundations, walls, floors or paved surfaces; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 10 of 17 2)Basements, whether paved or not; or 3)Doors, windows or other openings. (c)"Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (i)You did your best to maintain heat in the building or structure; or (ii)You drained the equip- ment and shut off the water supply if the heat was not maintained. (d)"Property damage" to: (i)Plumbing, heating, air conditioning, fire protec- tion systems, or other equipment or applianc- es; or (ii)The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b.above, the Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (1)Paragraph 6. of Section III - Limits of Insurance is replaced by the following: 6.Subject to Paragraph 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A - Bodily Injury and Property Dam- age Liability for damages because of "property dam- age" to any one premises: a.While rented to you, or temporarily occupied by you with permission of the owner; b.In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or c.In the case of damage by water, while rented to and occupied by you. (2)The most we will pay is limited as described in Section B. Limits of Insurance, 3. Damage to Prem- ises Rented to You of this en- dorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A and B: a.Paragraph 2.is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance , 4.a.Bail Bonds of this endorsement 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 ap- plies. We do not have to furnish these bonds. b.Paragraph 4.is replaced by the fol- lowing: 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 the limit shown in Sec- tion B. Limits of Insurance , 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. 180 Day Coverage for Newly Formed or Acquired Organizations Section II - Who is an Insured is amended as follows: Subparagraph a.of Paragraph 3.is re- placed by the following: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 11 of 17 a.Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 7. Waiver of Subrogation Section IV - Commercial General Liabil- ity Conditions, 9. Transfer of Rights of Recovery Against Others to us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract or agree- ment with that person or organization and included in the "products-completed oper- ations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our re- quest, the insured will bring "suit" or trans- fer those rights to us and help us enforce those rights. 8. Automatic Additional Insured - Speci- fied Relationships a.The following is added to Section II - Who is an Insured: (1)Any person(s) or organization(s) described in Paragraph 8.a.(2)of this endorsement (hereinafter re- ferred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract, written agree- ment, written permit or written authorization. (2)Only the following persons or or- ganizations are additional in- sureds under this endorsement, and insurance coverage provided to such additional insureds is lim- ited as provided herein: (a) Managers or Lessors of Premises The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 8.a.(1)of this en- dorsement to provide insur- ance, but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you, subject to the following additional exclusions: This insurance does not ap- ply to: (i)Any "occurrence" which takes place after you cease to be a tenant in that premises; (ii)Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b) Lessor of Leased Equip- ment Any person or organization from whom you lease equipment when you and such person(s) or organiza- tion(s) have agreed per Par- agraph 8.a.(1)of this en- dorsement to provide insur- ance. Such person(s) or or- ganization(s) are insureds only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or or- ganization(s). A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. However, this insurance does not ap- ply to any "occurrence" which takes place after the equipment lease expires. (c) Vendors Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 8.a.(1)of this endorsement to provide insurance, but on- ly with respect to "bodily in- jury" or "property damage" Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 12 of 17 arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (i)The insurance afforded the vendor does not apply to: 1)"Bodily injury" or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2)Any express war- ranty unauthorized by you; 3)Any physical or chemical change in the product made intentionally by the vendor; 4)Repackaging, ex- cept when un- packed solely for the purpose of in- spection, demon- stration, testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original con- tainer; 5)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normal- ly undertakes to make in the usual course of busi- ness, in connection with the distribution or sale of the products; 6)Demonstration, in- stallation, servicing or repair opera- tions, except such operations per- formed at the ven- dor's premises in connection with the sale of the product; 7)Products which, af- ter distribution or sale by you, have been labeled or re- labeled or used as a container, part or ingredient of any other thing or sub- stance by or for the vendor; or 8)"Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omis- sions or those of its employees or anyone else acting on its behalf. How- ever, this exclusion does not apply to: a)The excep- tions contained in Paragraphs (c) (i) 4) or 6) of this en- dorsement;or b)Such inspec- tions, adjust- ments, tests or servicing as the vendor has agreed to make or nor- mally under- takes to make in the usual course of business, in connection with the distri- bution or sale of the prod- ucts. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 13 of 17 (ii)This insurance does not apply to any insured person or organization: 1)From whom you have acquired such products, or any ingredient, part or container, enter- ing into, accompa- nying or containing such products; or 2)When liability in- cluded within the "products- completed opera- tions hazard" has been excluded un- der this Coverage Part with respect to such products. (d) State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises Any state or governmental agency or subdivision or po- litical subdivision with which you have agreed per Para- graph 8.a.(1)of this en- dorsement to provide insur- ance, subject to the follow- ing additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political sub- division has issued a permit or authorization in connec- tion with premises you own, rent or control and to which this insurance applies: (i)The existence, mainte- nance, repair, construc- tion, erection or removal of advertising signs, awnings, canopies, cel- lar entrances, coal holes, driveways, man- holes, marquees, hoist away openings, side- walk vaults, street ban- ners or decorations and similar exposures; or (ii)The construction, erec- tion or removal of eleva- tors; or (iii)The ownership, mainte- nance or use of any el- evators covered by this insurance. (e) Mortgagee, Assignee or Receiver Any person or organization with whom you have agreed per Paragraph 8.a.(1) of this endorsement to provide in- surance, but only with re- spect to their liability as mortgagee, assignee, or re- ceiver and arising out of the ownership, maintenance, or use of the premises by you. However, this insurance does not apply to structural alterations, new construction and demolition operations performed by or for that per- son or organization. (3)The insurance afforded to addi- tional insureds described in Par- agraph 8.a.(1)of this endorse- ment: (a)Only applies to the extent permitted by law; and (b)Will not be broader than that which you are required by the written contract, written agreement, written permit or written authorization to pro- vide for such additional in- sured; and (c)Does not apply to any per- son, organization, vendor, state, governmental agency or subdivision or political subdivision, specifically named as an additional in- sured under any other provi- sion of, or endorsement added to, this Coverage Part, provided such other provision or endorsement covers the injury or damage for which this insurance ap- plies. b.With respect to the insurance afford- ed to the additional insureds de- scribed in Paragraph 8.a.(1)of this endorsement, 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 in- surance: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 14 of 17 (1)Required by the written contract, written agreement, written permit or written authorization described in Paragraph 8.a.(1)of this en- dorsement; or (2)Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. c. Section IV - Commercial General Liability Conditions is amended to include the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertis- ing injury" offense is committed: (1)During the policy period; and (2)Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation, described in Paragraph 8.a.(1). d. Section IV - Commercial General Liability Conditions is amended as follows: Condition 5. Other Insurance is amended to include: Primary and Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1)of this endorsement provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract, agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. Property Damage to Borrowed Equip- ment a.The following is added to Exclusion 2.j. Damage to Property under Sec- tion I - Coverage A - Bodily Injury and Property Damage Liability: Paragraphs (3)and (4)of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b.With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits of Insurance , 9. Property Damage to Borrowed Equipment of this endorsement with respect to coverage provid- ed by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insurance, 9. Property Damage to Borrowed Equipment of this endorsement fix the most we will pay in any one "occurrence" re- gardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated in Section B. Limits of Insur- ance, 9. Property Damage to Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b) Section IV - Commercial General Liability Condi- tions, 2. Duties in the Event of Occurrence, of- Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 15 of 17 fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees as Insureds - Specified Health Care Services and Good Samar- itan Services Paragraph 2.a.(1)(d)under Section II - Who is an Insured does not apply to: a.Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or b.Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice of Occurrence Paragraph a.of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit under Section IV - Commercial General Liability Conditions is replaced by the following: a.You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1)How, when and where the "oc- currence" or offense took place; (2)The names and addresses of any injured persons and wit- nesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". 12.Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto or Watercraft under Sec- tion I - Coverage A - Bodily Injury and Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a.The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b.The aircraft is rented with a trained, paid crew; and c.The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 4. "Bodily injury" is replaced by the following: 4."Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. 14. Expected or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected or Intended Injury under Section I - Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees as Insureds The following is added to Paragraph 2. under Section II - Who is an Insured: 2. Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 16 of 17 16. Voluntary Property Damage Coverage a. Coverage D - Voluntary Property Damage Coverage Section I - Coverages is amended to include the following: (1) Insuring Agreement (a)We will pay the cost to re- pair or replace "property damage" to property of oth- ers arising out of operations incidental to your business when: 1)Damage is caused by you; or 2)Damage occurs while in your possession. At your written request, we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by us. It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b)This insurance applies to "property damage" only if: 1)The "property damage" takes place in the "cov- erage territory"; and 2)The "property damage" occurs during the policy period. (2) Exclusions This insurance does not apply to "property damage" that would be excluded by Coverage A - Bodi- ly Injury and Property Damage Liability, 2. Exclusions , except for j. Damage to Property, par- agraphs (3), (4), (5) and (6), k. Damage to Your Product , and l. Damage to Your Work . (3) Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V - Definitions are replaced by the following: 16."Occurrence" means an in- cident, including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20."Property damage" means physical injury to tangible property. "Electronic data" is not tangible property, and "property damage" does not include disappearance, ab- straction or theft. b. Care, Custody or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody or Control Li- ability Coverage in this endorsement only: (1) Section I - Coverage A - Bodily Injury and Property Damage Liability, 2. Exclusions, j. Damage to Property , Subpara- graphs (3), (4) and (5)do not ap- ply to "property damage" to the property of others described therein. (2)It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. (3)"Property damage" for which Care, Custody or Control Lia- Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 17 of 17 bility Coverage provides cover- age shall be deemed to be caused by an "occurrence" but shall not serve to limit or restrict the applicability of any exclusion for "property damage" under this Coverage Part. c. Limits of Insurance and Deducti- bles For purposes of the coverage provid- ed by Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage, Section III - Limits of Insurance is amended to include the following: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits of Insurance, 16. Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage, in this endorsement. These limits are inclusive of, and not in addi- tion to, the limits being replaced. The Limits of Insurance shown in the Schedule fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bringing "suits". (2) (a) Subject to (3)below, the Voluntary Property Dam- age Coverage, Each Occur- rence Limit Of Insurance is the most we will pay for the sum of damages under Vol- untary Property Damage Coverage; (b)The Care, Custody or Con- trol Liability Coverage, Each Occurrence Limit Of Insurance is the most we will pay for the sum of damages under Care, Custody or Control Liability Coverage; because of all "property damage" arising out of any one "occur- rence". (3)The Voluntary Property Dam- age Coverage, Aggregate Limit of Insurance is the most we will pay for the sum of all damages under Voluntary Property Damage Coverage. This limit applies separately to each "cov- erage term". (4) Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated for the applicable coverage in the Schedule. The limits of insurance will not be re- duced by the application of such Deductible Amount. (b) Section IV - Commercial General Liability Condi- tions, 2. Duties in the Event of Occurrence, of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as has been paid by us. 17. Broadened Contractual Liability - Work Within 50' of Railroad Property Section V - Definitions, 12. "Insured con- tract" is amended as follows: a.Paragraph c.is replaced by the fol- lowing: c.Any easement or license agree- ment; b.Paragraph f.(1)is deleted in its entire- ty. 18. Alienated Premises Exclusion 2.j. Damage to Property, Paragraph (2)under Section I - Cover- age A - Bodily Injury and Property Damage Liability does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 1 of 22 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict this insurance. Read the entire Coverage Part carefully to determine rights,duties and what is and is not covered. Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organi- zation qualifying as a Named Insured under this Coverage Part. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured"means any person or organiza- tion qualifying as such under SECTION II -WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY 1.Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "bodily injury"or "prop- erty damage" to which this insurance ap- plies.We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply.We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1)The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2)Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I -COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I -COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or medical expenses under SECTION I -COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS -COV- ERAGES A AND B. b.This insurance applies to "bodily injury" and "property damage" only if: (1)The "bodily injury" or "property dam- age" is caused by an "occurrence" that takes place in the "coverage ter- ritory"; (2)The "bodily injury" or "property dam- age" occurs during the policy period; and (3)Prior to the "coverage term" in which "bodily injury" or "property damage" occurs, you did not know, per Para- graph 1.d.below, that the "bodily in- jury" or "property damage" had oc- curred or had begun to occur, in whole or in part. c."Bodily injury" or "property damage" which: (1)Occurs during the "coverage term"; and (2)Was not,prior to the "coverage term", known by you,per Paragraph 1.d. below, to have occurred; includes any continuation,change or re- sumption of that "bodily injury" or "prop- erty damage" after the end of the "cover- age term" in which it first became known by you. d.You will be deemed to know that "bodily injury" or "property damage"has occurred at the earliest time when any "authorized representative": (1)Reports all,or any part,of the "bodily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; (3)First observes, or first observed, the "bodily injury"or "property damage"; (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or (5)Becomes aware, or become aware, of a condition from which "bodily in- jury" or "property damage" i s sub- stantially certain to occur. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 2 of 22 e.Damages because of "bodily injury" in- clude damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bod- ily injury". 2.Exclusions This insurance does not apply to: a.Expected or Intended Injury "Bodily injury" or "property damage" which results from the intentional or criminal acts of the insured or which is in fact expected or intended by the insured, even if the injury or damage is of a differ- ent degree or type than actually expected or intended. This exclusion does not ap- ply to "bodily injury"resulting from the use of reasonable force to protect persons or property. b.Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agree- ment; or (2)Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury"or "property dam- age" occurs subsequent to the exe- cution of the contract or agreement. When a claim for such "bodily injury" or "property damage" is made, we will defend that claim provided the insured has assumed the obligation to defend such claim in the "insured contract".Such defense payments will not reduce the limits of insur- ance. c.Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1)Causing or contributing to the intoxi- cation of any person; (2)The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3)Any statute, ordinance or regulation relating to the sale, gift,distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing,distribut- ing, selling,serving or furnishing alcoholic beverages. d.Workers' Compensation and Similar Laws Any obligation of the insured under a workers' compensation,disability benefits or unemployment compensation law or any similar law. e.Employer's Liability "Bodily injury" to: (1)An "employee"of the insured sus- tained in the "workplace"; (2)An "employee"of the insured arising out of the performance of duties re- lated to the conduct of the insured's business; or (3)The spouse, child, parent,brother or sister of that "employee" as a conse- quence of Paragraphs (1)or (2) above. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other capacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "in- sured contract". f.Pollutant (1)"Bodily injury" or "property damage" arising out of the actual,alleged or threatened discharge, dispersal, seepage, migration, release,escape or emission of "pollutants": (a)At or from any premises, site or location which is or was at any time owned or occupied by,or rented or loaned to, any insured. However, Paragraph (a)does not apply to: 1)"Bodily injury"to any person injured while on any prem- ises, site or location owned or occupied by, or rented or loaned to, you provided: a)The injury is caused by the inadequate ventila- tion of vapors; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 3 of 22 b)The person injured is first exposed to such vapors during the policy period; and c)Within 30 days of such first exposure,the per- son injured is clinically diagnosed or treated by a physician for the medical condition caused by the expo- sure to such vapors. However, Paragraph c) does not apply if the "bodily injury" is caused by vapors produced by or originating from equipment that is used to heat, cool or dehu- midify the building, or equipment that is used to heat water for per- sonal use, by the build- ing's occupants or their guests. This exception 1)shall ap- ply only to Named Insureds; we shall have no duty to de- fend or pay damages for any person or organization that is not a Named Insured. However,this paragraph does not apply if the "bodily injury" is caused by vapors produced by or originating from equipment that is used to heat, cool or dehumidify the building,or equipment that is used to heat water for personal use, by the building's occupants or their guests. For the purpose of the ex- ception granted in Para- graph 1)only,vapors means any gaseous or air- borne irritant or airborne contaminant, including smoke, fumes,vapor or soot, but excluding asbes- tos, which is discharged, dispersed, emitted, released or escapes from materials, machinery or equipment used in the service or main- tenance of the premises. Vapors does not mean any gaseous or airborne irritants or contaminants used in a manufacturing process or which is the product or by- product of any manufactur- ing process; 2)"Bodily injury"or "property damage" for which you may be held liable, if you are a contractor, and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations or "your work" performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to,any insured, other than that additional in- sured; or 3)"Bodily injury"or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b)At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling,stor- age,disposal,processing or treatment of waste; (c)Which are or were at any time transported, handled, stored, treated, disposed of, or proc- essed as waste by or for: 1)Any insured; or 2)Any person or organization for whom you may be le- gally responsible; (d)At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirectly on any insured's behalf are per- forming operations if the "pollut- ants" are brought on or to the premises,site or location in con- nection with such operations by such insured, contractor or sub- contractor.However, Paragraph (d) does not apply to: 1)"Bodily injury"or "property damage" arising out of the discharge, dispersal, seep- age,migration,release, es- cape or emission of fuels, lubricants or other operating fluids, or exhaust gases, which are needed to per- Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 4 of 22 form,or are the result of, the normal electrical, hy- draulic or mechanical func- tions necessary for the op- eration of "mobile equip- ment" or its parts, if such fuels, lubricants or other operating fluids,or exhaust gases, escape, seep or mi- grate, or are discharged, dispersed, released or emit- ted from a vehicle part de- signed to hold, store or re- ceive them.This exception does not apply if the fuels, lubricants or other operating fluids, or exhaust gases, escape, seep or migrate, or are discharged, dispersed, released or emitted with the intent to cause "bodily in- jury" or "property damage" or with the knowledge that "bodily injury" or "property damage" is substantially certain to occur, or if such fuels, lubricants or other operating fluids,or exhaust gases, are brought on or to the premises,site or loca- tion with such intent to es- cape, seep or migrate, or be discharged,dispersed, re- leased or emitted as part of the operations being per- formed by such insured, contractor or subcontractor; 2)"Bodily injury"or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contrac- tor or subcontractor; or 3)"Bodily injury"or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e)At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirectly on any insured's behalf are per- forming operations if the opera- tions are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2)Any loss, cost or expense arising out of any: (a)Request, demand, order or statutory or regulatory require- ment that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize, or in any way re- spond to,or assess the effects of, "pollutants"; or (b)Claim or suit by or on behalf of a governmental authority for dam- ages because of testing for, monitoring, cleaning up, remov- ing, containing, treating,detoxi- fying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, Paragraphs (2)(a)and (b) do not apply to liability for damages because of "property damage" that the insured would have in the ab- sence of such request, demand, or- der or statutory or regulatory re- quirement, or such claim or "suit"by or on behalf of a governmental au- thority. g.Aircraft, Auto or Watercraft "Bodily injury" or "property damage" aris- ing out of the ownership, maintenance, use or entrustment to others of any air- craft, "auto" or watercraft owned or oper- ated by or rented or loaned to any in- sured.Use includes operation and "load- ing or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage" involved the ownership, maintenance, use or entrustment to oth- ers of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1)A watercraft while ashore on prem- ises you own or rent; (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge; (3)Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 5 of 22 or rented or loaned to you or the in- sured; (4)Liability assumed under any "insured contract"for the ownership, mainte- nance or use of aircraft or watercraft; or (5)"Bodily injury" or "property damage" arising out of: (a)The operation of machinery or equipment that is on, attached to,or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li- censed or principally garaged; or (b)The operation of any of the ma- chinery or equipment listed in Paragraph f.(2)or f.(3)of the definition of "mobile equipment". h.Mobile Equipment "Bodily injury" or "property damage" aris- ing out of: (1)The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any in- sured; or (2)The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged rac- ing, speed, demolition, or stunting activity. i.War "Bodily injury" or "property damage", how- ever caused, arising,directly or indirectly, out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force,in- cluding action in hindering or defend- ing against an actual or expected at- tack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3)Insurrection,rebellion,revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j.Damage to Property "Property damage"to: (1)Property you own, rent or occupy, in- cluding any costs or expenses in- curred by you, or any other person, organization or entity, for repair, re- placement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to an- other's property; (2)Premises you sell, give away or abandon, if the "property damage" arises out of any part of those prem- ises; (3)Property loaned to you; (4)Personal property in the care, cus- tody or control of an insured; (5)That particular part of real property on which you or any contractors or subcontractors working directly or in- directly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6)That particular part of any property that must be restored,repaired or re- placed because "your work" was in- correctly performed on it. Paragraphs (1), (3)and (4)of this exclu- sion do not apply to "property damage" (other than damage by fire or explosion) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days, for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in SECTION III -LIM- ITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5)and (6)of this ex- clusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6)of this exclusion does not apply to "property damage" included in the "products-completed operations haz- ard". k.Damage to Your Product "Property damage" to "your product" aris- ing out of it or any part of it. l.Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations haz- ard". Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 6 of 22 This exclusion does not apply if the dam- aged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m.Damage to Impaired Property or Prop- erty Not Physically Injured "Property damage"to "impaired property" or property that has not been physically injured, arising out of: (1)A defect, deficiency,inadequacy or dangerous condition in "your prod- uct" or "your work"; or (2)A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product"or "your work"after it has been put to its intended use. n.Recall of Products, Work or Impaired Property Any liability or damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, re- call, inspection, repair, replacement, ad- justment, removal or disposal of: (1)"Your product"; (2)"Your work"; or (3)"Impaired property"; if such product, work or property is with- drawn or recalled from the market or from use by any person or organization be- cause of a known or suspected defect, deficiency, inadequacy or dangerous con- dition in it. o.Personal and Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p.Asbestos "Bodily injury" or "property damage" aris- ing out of,attributable to,or any way re- lated to asbestos in any form or transmit- ted in any manner. q.Employment-Related Practices "Bodily injury"to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's em- ployment; or (c)Other employment-related prac- tices,policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evalua- tion, failure to promote, reas- signment, discipline, defamation, harassment,humiliation or dis- crimination directed at that per- son; or (2)The spouse, child, parent,brother or sister of that person as a conse- quence of "bodily injury" to that per- son at whom any of the employment- related practices described in Para- graphs (a), (b)or (c)above is di- rected. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other capacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. r.Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph,that "bodily injury" or "property damage" had occurred or had begun to occur, in whole or in part, prior to the "coverage term" in which such "bodily injury" or "property damage" oc- curs or begins to occur. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that "bodily injury"or "property damage" has occurred or has begun to occur at the earliest time when that additional insured, or any one of its owners,members, part- ners, managers,executive officers, "em- ployees"assigned to manage that addi- tional insured's insurance program, or "employees"assigned to give or receive notice of an "occurrence", "personal and advertising injury" offense, claim or "suit": (1)Reports all,or any part,of the "bodily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury"or "property damage"; (3)First observes, or first observed,the "bodily injury"or "property damage"; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 7 of 22 (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or (5)Becomes aware, or become aware, of a condition from which "bodily in- jury" or "property damage" is sub- stantially certain to occur. s.Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access,or inability to manipulate "elec- tronic data". t.Distribution of Material in Violation of Statutes "Bodily injury" or "property damage" aris- ing directly or indirectly out of any action or omission that violates or is alleged to violate: a.The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b.The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c.Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. Exclusions c. through q. do not apply to "prop- erty damage" by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner, for which the amount we will pay is limited to the Dam- age to Premises Rented To You Limit as de- scribed in SECTION III -LIMITS OF INSUR- ANCE. COVERAGE B.PERSONAL AND ADVERTISING INJURY LIABILITY 1.Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "personal and advertis- ing injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However,we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury"to which this insurance does not apply. We may,at our discre- tion,investigate any offense and settle any claim or "suit"that may result. But: (1)The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2)Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I -COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I -COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY;or medical expenses under SECTION I -COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS -COV- ERAGES A AND B. b.This insurance applies to "personal and advertising injury" only if: (1)The "personal and advertising injury" is caused by an offense arising out of your business; and (2)The "personal and advertising injury" offense wascommitted in the "cover- age territory" during the policy period; and (3)Prior to the "coverage term" in which the "personal and advertising injury" offense is committed, you did not know, per Paragraph 1.d.below, that the offense had been committed or had begun to be committed, in whole or in part. c."Personal and advertising injury" caused by an offense which: (1)Was committed during the "coverage term"; and (2)Was not,prior to the "coverage term", known by you,per Paragraph 1.d. below, to have been committed; includes any continuation,change or re- sumption of that offense after the end of the "coverage term" in which it first be- came known by you. d.You will be deemed to know that a "per- sonal and advertising injury" offense has been committed at the earliest time when any "authorized representative": (1)Reports all,or any part, of the "per- sonal and advertising injury" to us or any other insurer; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 8 of 22 (2)Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3)First observes, or first observed, the offense that caused the "personal and advertising injury"; (4)Becomes aware, or become aware, by any means, other than as de- scribed in (3)above, that the offense had been committed or had begun to be committed; or (5)Becomes aware, or become aware, of a condition from which "personal and advertising injury"is substantially certain to occur. 2.Exclusions This insurance does not apply to: a.Knowing Violation of Rights of An- other "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b.Material Published With Knowledge of Falsity "Personal and advertising injury" arising out of oral or written publication of mate- rial, if done by or at the direction of the in- sured with knowledge of its falsity. c. Material Published Prior to Coverage Term "Personal and advertising injury" arising out of oral or written publication of mate- rial whose first publication took place be- fore the later of the following: (1)The inception of this Coverage Part; or (2)The "coverage term" in which insur- ance coverage is sought. d.Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e.Contractual Liability "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agree- ment; or (2)Assumed in a contract or agreement that is an "insured contract", provided the "personal and advertising injury" is caused by or arises out of an of- fense committed subsequent to the execution of the contract or agree- ment. When a claim for such "per- sonal and advertising injury" is made, we will defend that claim, provided the insured has assumed the obliga- tion to defend such claim in the "in- sured contract". Such defense pay- ments will not reduce the limits of in- surance. f.Breach of Contract "Personal and advertising injury" arising out of a breach of contract, except an im- plied contract to use another's advertising idea in your "advertisement". g.Quality or Performance of Goods - Failure to Conform to Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "ad- vertisement". h.Wrong Description of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". i.Infringement of Copyright, Patent, Trademark or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, pat- ent, trademark, trade secret or other intel- lectual property rights. However, this exclusion does not apply to infringement,in your "advertisement", of copyright, trade dress or slogan. j.Insureds in Media and Internet Type Businesses "Personal and advertising injury" commit- ted by an insured whose business is: (1)Advertising, broadcasting, publishing or telecasting; (2)Designing or determining content of web-sites for others; or (3)An Internet search, access,content or service provider. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 9 of 22 However, this exclusion does not apply to Paragraphs 17. a.,b.and c. of "personal and advertising injury"under SECTION V - DEFINITIONS. For the purposes of this exclusion, the placing of frames, borders or links,or ad- vertising, for you or others anywhere on the Internet is not, by itself, considered the business of advertising,broadcasting, publishing or telecasting. k.Electronic Chatrooms or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board any insured hosts,owns, or over which any insured exercises control. l.Unauthorized Use of Another's Name or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's poten- tial customers. m.Employment Related Practices "Personal and advertising injury" to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's em- ployment; or (c)Other employment-related prac- tices,policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evalua- tion, failure to promote, reas- signment, discipline, defamation, harassment,humiliation or dis- crimination directed at that per- son; or (2)The spouse, child, parent,brother or sister of that person as a conse- quence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other capacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. n.Pollutant "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release,escape or emission of "pollut- ants" at any time. o.Pollutant-Related Any loss, cost or expense arising out of any: (1)Request, demand, order or statutory or regulatory requirement that any insured or others test for,monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in any way re- spond to, or assess the effects of, "pollutants"; or (2)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 as- sessing the effects of, "pollutants". p.Asbestos "Personal and advertising injury" arising out of, attributable to, or any way related to asbestos in any form or transmitted in any manner. q.Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that a "per- sonal and advertising injury" offense had been committed or had begun to be committed, in whole or in part, prior to the "coverage term" in which such offense was committed or began to be committed. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that a "personal and advertising injury" offense has been committed or has begun to be committed at the earliest time when that additional insured, or any one of its own- ers, members, partners, managers,ex- ecutive officers, "employees" assigned to manage that additional insured's insur- ance program,or "employees" assigned to give or receive notice of an "occur- rence", "personal and advertising injury" offense, claim or "suit": (1)Reports all,or any part, of the "per- sonal and advertising injury" to us or any other insurer; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 10 of 22 (2)Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3)First observes, or first observed, the offense that caused the "personal and advertising injury"; (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that the "per- sonal and advertising injury" offense had been committed or had begun to be committed; or (5)Becomes aware, or become aware, of a condition from which "personal and advertising injury" is substantially certain to occur. r.War "Personal and advertising injury", how- ever caused, arising,directly or indirectly, out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force,in- cluding action in hindering or defend- ing against an actual or expected at- tack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3)Insurrection,rebellion,revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. s.Distribution of Material in Violation of Statutes "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to vio- late: a.The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b.The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c.Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. COVERAGE C. MEDICAL PAYMENTS 1.Insuring Agreement a.We will pay medical expenses as de- scribed below for "bodily injury" caused by an accident: (1)On premises you own or rent; (2)On ways next to premises you own or rent; or (3)Because of your operations; provided that: (1)The accident takes place in the "cov- erage territory" and during the policy period; (2)The expenses are incurred and re- ported to us within three years of the date of the accident; and (3)The injured person submits to ex- amination,at our expense, by physi- cians of our choice as often as we reasonably require. b.We will make these payments regardless of fault.These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1)First aid administered at the time of an accident; (2)Necessary medical, surgical, x-ray and dental services, including pros- thetic devices; and (3)Necessary ambulance, hospital, pro- fessional nursing and funeral ser- vices. 2.Exclusions We will not pay expenses for "bodily injury": a.Any Insured To any insured,except "volunteer work- ers". b.Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c.Injury on Normally Occupied Premises To a person injured on that part of prem- ises you own or rent that the person nor- mally occupies. d.Workers' Compensation and Similar Laws To a person, whether or not an "em- ployee" of any insured, if benefits for the "bodily injury" are payable or must be pro- vided under a workers' compensation or disability benefits law or a similar law. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 11 of 22 e.Athletic Activities To any person injured while officiating, coaching, practicing for,instructing or participating in any physical exercises or games, sports, or athletic contests or ex- hibitions of an athletic or sports nature. f.Products-Completed Operations Haz- ard Included within the "products-completed operations hazard". g.Coverage A Exclusions Excluded under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: 1.All expenses we incur. 2.Up to $250 for cost of bail bonds required be- cause 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. 3.The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4.All reasonable expenses incurred by the in- sured at our request to assist us in the investi- gation or defense of the claim or "suit", includ- ing actual loss of earnings up to $250 a day because of time off from work. 5.All costs taxed against the insured in the "suit". 6.Prejudgment interest awarded against the in- sured on that part of the judgment we become obligated to pay and which falls within the ap- plicable limit of insurance. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7.All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or depos- ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. SECTION II - WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the con- duct of a business of which you are the sole owner. b.A partnership or joint venture, you are an insured.Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c.A limited liability company, you are an in- sured.Your members are also insureds, but only with respect to the conduct of your business. Your managers are insur- eds, but only with respect to their duties as your managers. d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive offi- cers" and directors are insureds, but only with respect to their duties as your offi- cers or directors.Your stockholders are also insureds, but only with respect to their liability as stockholders. e.A trust, you are an insured.Your trustees are also insureds,but only with respect to their duties as trustees. 2.Each of the following is also an insured: a.Your "volunteer workers" only while per- forming duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.However, none of these "employees" or "volunteer workers" are insureds for: (1)"Bodily injury" or "personal and ad- vertising injury": (a)To you,to your partners or members (if you are a partner- ship or joint venture), to your members (if you are a limited li- ability company), to a co- "employee" while in the course of his or her employment or per- forming duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b)To the spouse,child, parent, brother or sister of that co- "employee" or "volunteer Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 12 of 22 worker" as a consequence of Paragraph (1)(a) above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d)Arising out of his or her provid- ing or failing to provide profes- sional health care services. (2)"Property damage"to property: (a)Owned, occupied or used by; or (b)Rented to,in the care,custody or control of, or over which physical control is being exer- cised for any purpose by, you, any of your "employees", "volun- teer workers", any partner or member (if you are a partnership or joint ven- ture),or any member (if you are a limited liability company). b.Any person (other than your "employee" or "volunteer worker"), or any organiza- tion while acting as your real estate man- ager. c.Any person or organization having proper temporary custody of your property if you die, but only: (1)With respect to liability arising out of the maintenance or use of that prop- erty; and (2)Until your legal representative has been appointed. d.Your legal representative if you die,but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3.Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited 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 organiza- tion. However: a.Insurance under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b.COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to "bodily injury" or "property damage" that occurred before you ac- quired or formed the organization; and c.COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY does not apply to "personal and advertising injury" arising out of an offense committed be- fore you acquired or formed the organiza- tion. No person or organization is an insured with re- spect to the conduct of any current or past partner- ship, joint venture or limited liability company that is not shown as a Named Insured in the Declara- tions. SECTION III - LIMITS OF INSURANCE 1.The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 2. a. The General Aggregate Limit is the most we will pay for the sum of: (1)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; (2)Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY,except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations haz- ard"; and (3)Damages under COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY. This General Aggregate Limit will not ap- ply if either the Location General Aggre- gate Limit of Insurance, Paragraph 2.b., or the Construction Project General Ag- gregate Limit of Insurance,Paragraph 2.c. applies. b.A separate Location General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall apply to each location owned by, or rented or leased to you and is the most we will pay for the sum of: (1)Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations haz- ard"; and (2)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS, Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 13 of 22 which can be attributed to operations at only a single location owned by, or rented or leased to you. c.A separate Construction Project General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations,shall apply to each construction project and is the most we will pay for the sum of: (1)Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations haz- ard"; and (2)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; which can be attributed only to ongoing operations and only at a single construc- tion proj ect. d.Only for the purpose of determining which General Aggregate Limit of Insurance, 2.a., 2.b., or 2.c., applies: (1)Location means premises involving the same or connecting lots, or prem- ises, whose connection isinterrupted only by a street,roadway, waterway or right-of-way of a railroad. (2)Construction project means a loca- tion you do not own, rent or lease where ongoing improvements, altera- tions, installation, demolition or main- tenance work is performed by you or on your behalf. All connected ongo- ing improvements, alterations, instal- lation,demolition or maintenance work performed by you or on your behalf at the same location for the same persons or organizations,no matter how often or under how many different contracts,will be deemed to be a single construction project. 3.The Products-Completed Operations Aggre- gate Limit is the most we will pay under COV- ERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property damage" included in the "products-completed opera- tions hazard". 4.Subject to 2.a.above, the Personal and Ad- vertising Injury Limit is the most we will pay under COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY for the sum of all damages because of all "personal and advertising injury" sustained by any one per- son or organization. 5.Subject to 2. or 3.above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a.Damages under COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY; and b.Medical expenses under COVERAGE C. MEDICAL PAYMENTS; because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6.Subject to 5.above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion,while rented to you or temporarily occupied by you with permission of the owner. 7.Subject to 5.above, the Medical Expense Limit is the most we will pay under COVER- AGE C. MEDICAL PAYMENTS for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part ap- ply separately to each "coverage term". SECTION IV -COMMERCIAL GENERAL LIABIL- ITY CONDITIONS 1.Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 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 a "personal and advertising injury"of- fense which may result in a claim. To the extent possible, notice should include: (1)How, when and where the "occur- rence" or offense took place; (2)The names and addresses of any in- jured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the "occur- rence" or offense. b.If a claim is made or "suit" is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit"and the date re- ceived; and (2)Notify us as soon as practicable. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 14 of 22 You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses or le- gal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investiga- tion or settlement of the claim or de- fense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d.No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any ex- pense, other than for first aid,without our consent. 3.Legal Action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to re- cover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable un- der the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal repre- sentative. 4.Liberalization If, within 60 days prior to the beginning of this Coverage Part or during the policy period, we make any changes to any forms or endorse- ments of this Coverage Part for which there is currently no separate premium charge,and that change provides more coverage than this Coverage Part, the change will automatically apply to this Coverage Part as of the latter of: a.The date we implemented the change in your state; or b.The date this Coverage Part became ef- fective; and will be considered as included until the end of the current policy period. We will make no ad- ditional premium charge for this additional coverage during the interim. 5.Other Insurance If other valid and collectible insurance is avail- able to the insured for a loss we cover under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COV- ERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY of this Coverage Part, our obligations are limited as follows: a.Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other in- surance by the method described in c. below. b.Excess Insurance This insurance is excess over: (1)Any of the other insurance, whether primary, excess, contingent or on any other basis: (a)That is Fire, Extended Cover- age,Builder's Risk, Installation Risk or similar insurance for "your work"; (b)That is Fire or Explosion insur- ance for premises rented to you or temporarily occupied by you with permission of the owner; (c)That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tem- porarily occupied by you with permission of the owner; or (d)If the loss arises out of the main- tenance or use of aircraft, "autos" or watercraft to the ex- tent not subject to SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY, 2. Exclusions, g. Aircraft, Auto or Watercraft. (2)Any other primary insurance avail- able to the insured covering liability for damages arising out of the prem- ises or operations, or the products and completed operations, for which Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 15 of 22 the insured has been added as an additional insured by attachment of an endorsement. (3)Any other insurance: (a)Whether primary, excess, con- tingent or on any other basis, except when such insurance is written specifically to be excess over this insurance; and (b)That is a consolidated (wrap-up) insurance program which has been provided by the prime con- tractor/project manager or owner of the consolidated project in which you are involved. When this insurance is excess, we will have no duty under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit".If no other insurer defends, we will undertake to do so,but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that ex- ceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cover- age Part. c. Method of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also.Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 6.Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retro- spective premiums is the date shown as the due date on the bill. If: (1)The earned premium is less than the deposit premium,we will return the excess to the first Named Insured; or (2)The earned premium is greater than the deposit premium, the difference will be due and payable to us by the first Named Insured upon notice from us. c.The first Named Insured must keep re- cords of the information we need for pre- mium computation,and send us copies at such times as we may request. 7.Representations By accepting this Coverage Part, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon repre- sentations you made to us; and c.We have issued this Coverage Part in re- liance upon your representations. 8.Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named In- sured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 9.Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 16 of 22 10.Two or More Coverage Forms or Policies Issued by Us If this Coverage Part and any other Coverage Form or Coverage Part forming a part of this policy apply to the same "occurrence" or "per- sonal and advertising injury" offense, the ag- gregate maximum Limit of Insurance under all the Coverage Forms or Coverage Parts shall not exceed the highest applicable Limit of In- surance under any one Coverage Form or Coverage Part. This condition does not apply to any Coverage Form or Coverage Part is- sued by us specifically to apply as excess in- surance over this Coverage Part. 11.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written notice of the nonrenewal not less than 30 days be- fore the expiration date. If notice is mailed,proof of mailing will be suf- ficient proof of notice. SECTION V - DEFINITIONS 1."Advertisement" means a notice that is broad- cast, telecast or published to the general pub- lic or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. "Adver- tisement" includes a publicity article. For pur- poses of this definition: a.Notices that are published include mate- rial placed on the Internet or on similar electronic means of communication; and b.Regarding web-sites,only that part of a web-site that is about your goods, prod- ucts or services for the purposes of at- tracting customers or supporters is con- sidered an "advertisement". 2."Authorized representative" means: a.If you are designated in the Declarations as: (1)An individual, you and your spouse are "authorized representatives". (2)A partnership or joint venture, your members, your partners, and their spouses are "authorized representa- tives". (3)A limited liability company,your members and your managers are "authorized representatives". (4)An organization other than a partner- ship, joint venture or limited liability company, your "executive officers" and directors are "authorized repre- sentatives". Provided you are not a publicly traded organization, your stockholders are also "authorized representatives". (5)A trust, your trustees are "authorized representatives". b.Your "employees": (1)Assigned to manage your insurance program; or (2)Responsible for giving or receiving notice of an "occurrence","personal and advertising injury" offense, claim or "suit"; are also "authorized representatives". 3."Auto" means: a.A land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4."Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 5."Coverage term" means the following individ- ual increment, or if a multi-year policy period, increments, of time,which comprise the policy period of this Coverage Part: a.The year commencing on the Effective Date of this Coverage Part at 12:01 AM standard time at your mailing address shown in the Declarations,and if a multi- year policy period, each consecutive an- nual period thereafter, or portion thereof if any period is for a period of less than 12 months, constitute individual "coverage terms". The last "coverage term" ends at 12:00 AM standard time at your mailing addressshown in the Declarations on the earlier of: (1)The day the policy period shown in the Declarations ends; or (2)The day the policy to which this Cov- erage Part is attached is terminated or cancelled. b.However, if after the issuance of this Cov- erage Part,any "coverage term" is ex- tended for an additional period of less than 12 months, that additional period of Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 17 of 22 time will be deemed to be part of the last preceding "coverage term". 6."Coverage territory" means: a.The United States of America (including its territories and possessions), Puerto Rico and Canada; b.International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c.All other parts of the world if the injury or damage arises out of: (1)Goods or products made or sold by you in the territory described in a. above; (2)The activities of a person whose home is in the territory described in a.above, but is away for a short time on your business; or (3)"Personal and advertising injury"of- fenses that take place through the Internet or similar electronic means of communication, provided the insured's responsibility to pay damages is determined in a "suit"on the merits, in the territory described in a. above or in a settlement to which we agree. 7."Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks,CD-ROMs,tapes, drives, cells, data processing devices or any other media which are used with electronically con- trolled equipment. 8."Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". 9."Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10."Hostile fire" means one which becomes un- controllable or breaks out from where it was intended to be. 11."Impaired property" means tangible property, other than "your product" or "your work",that cannot be used or is less useful because: a.It incorporates "your product" or "your work" that is known or thought to be de- fective, deficient, inadequate or danger- ous; or b.You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a.The repair, replacement, adjustment or removal of "your product" or "your work"; or b.Your fulfilling the terms of the contract or agreement. 12."Insured contract" means: a.A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "property dam- age" by fire or explosion to premises while rented to you or temporarily occu- pied by you with permission of the owner is not an "insured contract"; b.A sidetrack agreement; c.Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 feet of a railroad; d.An obligation, as required by ordinance, to indemnify a municipality, except in con- nection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage" or "per- sonal and advertising injury" to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1)That indemnifies a railroad for "bodily injury", "property damage" or "per- sonal and advertising injury"arising out of construction or demolition op- erations, within 50 feet of any rail- road property and affecting any rail- road bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2)That indemnifies an architect, engi- neer or surveyor for injury or damage arising out of: (a)Preparing, approving, or failing to prepare or approve,maps, shop drawings,opinions,re- ports, surveys, field orders, Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 18 of 22 change orders or drawings and specifications; or (b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (3)Under which the insured, if an archi- tect,engineer or surveyor, assumes liability for an injury or damage aris- ing out of the insured's rendering or failure to render professional ser- vices, including those listed in Para- graph (2)above and supervisory, in- spection, architectural or engineering activities; (4)That indemnifies an advertising, pub- lic relations or media consulting firm for "personal and advertising injury" arising out of the planning, execution or failure to execute marketing com- munications programs. Marketing communications programs include but are not limited to comprehensive marketing campaigns;consumer, trade and corporate advertising for all media; media planning, buying, monitoring and analysis; direct mail; promotion; sales materials; design; presentations;point-of-sale materi- als;market research; public relations and new product development; (5)Under which the insured,if an adver- tising, public relations or media con- sulting firm, assumes liability for "per- sonal and advertising injury" arising out of the insured's rendering or fail- ure to render professional services, including those services listed in Paragraph (4), above; (6)That indemnifies a web-site designer or content provider, or Internet search, access, content or service provider for injury or damage arising out of the planning, execution or fail- ure to execute Internet services. Internet services include but are not limited to design, production, distribu- tion,maintenance and administration of web-sites and web-banners; host- ing web-sites;registering domain names; registering with search en- gines; marketing analysis; and pro- viding access to the Internet or other similar networks; or (7)Under which the insured, if a web- site designer or content provider, or Internet search, access, content or service provider, assumes liability for injury or damage arising out of the insured's rendering or failure to ren- der Internet services, including those listed in Paragraph (6), above. 13."Leased worker" means a person leased to you by a labor leasing firm under an agree- ment between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing firm. "Leased worker" does not include a "temporary worker". 14."Loading or unloading" means the handling of property: a.After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b.While it is in or on an aircraft, watercraft or "auto"; or c.While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a me- chanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15."Mobile equipment" means any of the follow- ing types of land vehicles, including any at- tached machinery or equipment: a.Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b.Vehicles maintained for use solely on or next to premises you own or rent; c.Vehicles that travel on crawler treads; d.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1)Power cranes, shovels, loaders, dig- gers or drills; or (2)Road construction or resurfacing equipment such as graders, scrapers or rollers; e.Vehicles not described in a., b., c.or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1)Air compressors, pumps and genera- tors,including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment; or Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 19 of 22 (2)Cherry pickers and similar devices used to raise or lower workers; f.Vehicles not described in a., b., c.or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1)Equipment designed primarily for: (a)Snow removal; (b)Road maintenance, but not con- struction or resurfacing; or (c)Street cleaning; (2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3)Air compressors, pumps and genera- tors,including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment. However, "mobile equipment"does not in- clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehi- cle insurance law are considered "autos". 16."Occurrence"means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions. 17."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a.False arrest, detention or imprisonment; b.Malicious prosecution; c.The wrongful eviction from, wrongful entry into,or invasion of the right of private oc- cupancy of a room,dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d.Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or ser- vices; e.Oral or written publication, in any manner, of material that violates a person's right of privacy; f.The use of another's advertising idea in your "advertisement"; or g.Infringing upon another's copyright, trade dress or slogan in your "advertisement". 18."Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant,including smoke, vapor, soot, fumes, acids, alkalis, chemicals,petroleum,petroleum products and petroleum by-products, and waste. Waste in- cludes materials to be recycled, reconditioned or reclaimed. 19."Products-completed operations hazard": a.Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1)Products that are still in your physical possession; or (2)Work that has not yet been com- pleted or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a)When all of the work called for in your contract has been com- pleted; or (b)When all of the work to be done at the job site has been com- pleted if your contract calls for work at more than one job site; or (c)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same proj ect. Work that may need service, mainte- nance, correction,repair or replace- ment, but which is otherwise com- plete, will be treated as completed. b.Does not include "bodily injury" or "prop- erty damage" arising out of: (1)The transportation of property,un- less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2)The existence of tools, uninstalled equipment or abandoned or unused materials; or (3)Products or operations for which the classification, listed in the Declara- tions or in a schedule, states that Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 20 of 22 products-completed operations are included. 20."Property damage"means: a.Physical injury to tangible property, in- cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physi- cal injury that caused it; or b.Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of thisinsurance, "electronic data"is not tangible property. 21."Suit" means a civil proceeding in which money damages because of "bodily injury", "property damage" or "personal and advertis- ing injury"to which this insurance applies are alleged. "Suit" includes: a.An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; b.Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent; or c.An appeal of a civil proceeding. 22."Temporary worker"means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24."Workplace"means that place and during such hours to which the "employee" sustaining "bodily injury" was assigned by you, or any other person or entity acting on your behalf,to work on the date of "occurrence". 25."Your product": a.Means: (1)Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a)You; (b)Others trading under your name; or (c)A person or organization whose business or assets you have ac- quired; and (2)Containers (other than vehicles), ma- terials, parts or equipment furnished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fit- ness,quality, durability,performance or use of "your product"; and (2)The providing of or failure to provide warnings or instructions. c.Does not include vending machines or other property rented to or located for the use of others but not sold. 26."Your work": a.Means: (1)Work or operations performed by you or on your behalf; and (2)Materials, parts or equipment fur- nished in connection with such work or operations. b.Includes: (1)Warranties or representations made at any time with respect to the fit- ness,quality, durability,performance or use of "your work"; and (2)The providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 21 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1.The insurance does not apply: A.Under any Liability Coverage, to "bodily injury" or "property damage": (1)With respect to which an insured un- der this Coverage Part is also an in- sured under a nuclear energy liability policy issued by Nuclear Energy Li- ability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2)Resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which (a)any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this Coverage Part not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, un- der any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B.Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazard- ous properties"of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C.Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nu- clear material", if: (1)The "nuclear material" (a)is at any "nuclear facility" owned by, or oper- ated by or on behalf of,an insured, or (b)has been discharged or dis- persed therefrom; (2)The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used,proc- essed, stored,transported or dis- posed of, by or on behalf of an in- sured; or (3)The "bodily injury" or "property dam- age" arises out of the furnishing by an insured of services,materials, parts or equipment in connection with the planning,construction, mainte- nance, operation or use of any "nu- clear facility", but if such facility is lo- cated within the United States of America, its territories or posses- sions or Canada,this Exclusion (3) applies only to "property damage"to such "nuclear facility" and any prop- erty thereat. 2.As used in this exclusion: "Hazardous properties"includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product mate- rial". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear re- actor". "Waste" means any waste material (a)con- taining "by-product material"other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content,and (b)resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facil- ity". "Nuclear facility"means: A.Any "nuclear reactor"; B.Any equipment or device designed or used for (1)separating the isotopes of uranium or plutonium, (2)processing or utilizing "spent fuel", or (3) handling, proc- essing or packaging "waste"; C.Any equipment or device used for the processing, fabricating or alloying of "spe- cial nuclear material" if at any time the to- tal amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of ura- nium 235; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 22 of 22 D.Any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the fore- going is located, all operations conducted on such site and all premises used for such op- erations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radio- active contamination of property. Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission.Page 1 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT,WITH POLLUTION LIABILITY FOR COVERED AUTOS This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. A.Blanket Waiver of Subrogation SECTION IV -BUSINESS AUTO CONDI- TIONS,A. Loss Conditions,5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury"or "property damage"arising out of the operation of a covered "auto"when you have assumed liability for such "bodily injury"or "property damage"under an "insured contract",provid- ed the "bodily injury"or "property damage"oc- curs subsequent to the execution or the "in- sured contract". B.Noncontributory Insurance SECTION IV -BUSINESS AUTO CONDI- TIONS,B. General Conditions,5. Other In- surance c.is replaced by the following: c.Regardless of the provisions of Par- agraph a.above,this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract"that requires liability to be assumed on a primary noncontributo- ry basis. C.Additional Insured by Contract SECTION II -LIABILITY COVERAGE,A. Coverage,I. Who is an Insured is amended to include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1.Executed prior to the accident causing "bodily injury"or "property damage"; and 2.Is still in force at the time of the "accident" causing "bodily injury"or "property dam- age". D.Employee Hired Auto 1.Changes in Liability Coverage The following is added to the Section II - Liability Coverage,A. Coverage,1. Who is an Insured: An "employee"of yours is an "insured" while operating an "auto"hired or rented under a contract or agreement in that "employee's"name,with your permission, while performing duties related to the conduct of your business. 2.Changes in General Conditions SECTION IV -BUSINESS AUTO CON- DITIONS,B. General Conditions,5. Other Insurance is amended by replac- ing Paragraph 5.b. with the following: b.For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos"you own: (1)Any covered "auto"you lease, hire,rent or borrow; and (2)Any covered "auto"hired or rented by your "employee under a contract in that individual "em- Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission.Page 2 of 5 ployee's"name,with your per- mission,while performing duties related to the conduct of your business. However,any "auto"that is leased, hired,rented or borrowed with a driv- er is not a covered "auto". E. Audio,Visual and Data Electronic Equip- ment SECTION III -PHYSICAL DAMAGE COV- ERAGE,C. Limit of Insurance is amended by adding the following: 4.The most we will pay for all "loss"to audio,visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident"is the lesser of: a.The actual cash value of the damaged or stolen property as of the time of the "accident"; b.The cost of repairing or replac- ing the damaged or stolen prop- erty with other property of like kind and quality; or c.$2,500. Provided the equipment,at the time of the "loss"is: a.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; b.Removable from a permanently installed housing unit as de- scribed in Paragraph 2.a.above; or c.An integral part of such equip- ment. F.Pollution Liability Broadened Coverage for Covered Autos 1.Coverage a.Section II -Liability Coverage is changed as follows: (1)Paragraph a. of the "Pollutant" Exclusion (Section II -Liability Coverage,B. Exclusions)ap- plies only to liability assumed under a contract or agreement. (2)With respect to the coverage af- forded by Paragraph a.(1) above,Exclusion B.6. Care, Custody,or Control does not apply. 2.Limit of Insurance a.The Per "Accident"Limit is $25,000. The Per "Accident"Limit is the most we will pay for the total of all damag- es and "covered pollution cost or ex- pense"resulting from any one "acci- dent"covered by this endorsement. Subject to the limit for Pollution Lia- bility Broadened Coverage,the most we will pay for all "bodily injury", "property damage"and "covered pol- lution cost or expense"combined, resulting from any one "accident",is the Limit of Insurance for Liability Coverage shown in the Declarations. b.The Aggregate Limit is $25,000.The Aggregate Limit is the most we will pay for the sum of all damages and "covered pollution cost or expense" involving insurance provided by this endorsement. The Aggregate Limit applies separately to each consecu- tive annual period and to any remain- ing period of less than 12 months, starting with the beginning of the Pol- icy Period shown in the Declarations, unless the Policy Period is extended after issuance for an additional peri- od of less than 12 months. In that case,the additional period will be deemed part of the last preceding pe- riod for purposes of determining the Aggregate Limit. 3.Property Damage Liability Deductible The "Property Damage"and "Covered Pollution Cost or Expense"Liability Cov- erage Deductible is $500.The damages that would otherwise be payable under Section II -Liability Coverage for "prop- erty damage"and "covered pollution cost or expense"caused by any one "acci- dent"will be reduced by the "Property Damage"and "Covered Pollution Cost or Expense"Liability Coverage Deductible prior to the application of the Limit of In- surance provision. 4.Our Right to Reimbursement To settle any claim or "suit"we will pay all or any part of any deductible shown in this endorsement.You must reimburse us for the deductible or the part of any de- ductible we paid. Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission.Page 3 of 5 5.Definitions Section V -Definitions,D. "covered pol- lution cost or expense"is deleted in its entirety and 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 require- ment that any "insured"or others test for,monitor,clean up,re- move,contain,treat,detoxify or neutralize,or in any way re- spond to,or assess the effects of "pollutants"; or 2.Any claim or "suit"by or on be- half of a governmental authority for damages because of testing for,monitoring,cleaning up,re- moving,containing,treating,de- toxifying or neutralizing,or in any way responding to or as- sessing the effects of "pollu- tants". "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,escape or emission of "pollu- tants": a.Before the "pollutants"or any proper- ty in which the "pollutants"are con- tained are moved from the covered "auto"to the place where they are fi- nally delivered,disposed of or aban- doned by the "insured". b.After the "pollutants"or any property in which the "pollutants"are con- tained are moved from the covered "auto"to the place where they are fi- nally delivered,disposed of or aban- doned 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 "pollu- tants"not in or upon a covered "au- to",if: (1)The "pollutants"or any property in which the "pollutants"are con- tained are upset,overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2)The discharge,dispersal,seep- age,migration,release,escape or emission of the "pollutants"is caused directly by such upset, overturn or damage. G.Who is an Insured -Amended SECTION II -LIABILITY COVERAGE,A. Coverage,1. Who is an Insured is amended by adding the following: The following are "insureds": 1.Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However,the insurance afforded by this provision does not apply to any subsidiary that is an "insured"under any other au- tomobile liability policy,or would be an "insured"under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2.Any organization that is newly acquired or formed by you and over which you main- tain majority ownership.The insurance provided by this provision: a.Is effective on the date of acquisition or formation,and is afforded for 180 days after such date; b.Does not apply to "bodily injury"or "property damage"resulting from an "accident"that occurred before you acquired or formed the organization; c.Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d.Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3.Any of your "employees"while using a covered "auto"in your business or your personal affairs,provided you do not own, hire or borrow that "auto". H.Liability Coverage Extensions -Supple- mentary Payments -Higher Limits SECTION II -LIABILITY COVERAGE,A. Coverage,2. Coverage Extensions,a.Sup- plementary Payments is amended by: 1.Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2.Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission.Page 4 of 5 I.Amended Fellow Employee Exclusion SECTION II -LIABILITY COVERAGE,B. Ex- clusions,5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. J.Hired Auto -Physical Damage If hired "autos"are covered "autos"for Liability Coverage,then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III -PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos"you hire,subject to the fol- lowing: 1.The most we will pay for "loss"to any hired "auto"is $50,000 or the actual cash value or cost to repair or replace,which- ever is the least,minus a deductible. 2.The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage,or $1,000,whichever is less. 3.Hired Auto -Physical Damage coverage is excess over any other collectible insur- ance. 4.Subject to the above limit,deductible,and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto"you own un- der this policy. Coverage includes loss of use of that hired au- to,provided it results from an "accident"for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident"is $3,000. If a limit for Hired Auto -Physical Damage is shown in the Schedule,then that limit replac- es,and is not added to,the $50,000 limit indi- cated above. K.Rental Reimbursement SECTION III -PHYSICAL DAMAGE is amended by adding the following: 1.We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto"because of a "loss"to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2.We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss"and ending,re- gardless of the policy's expiration,with the lesser of the following number of days: a.The number of days reasonably re- quired to repair 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 in- curred; or b.$50 per day. 4.This coverage does not apply while there are spare or reserve "autos"available to you for your operations. 5.We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III -PHYSICAL DAM- AGE COVERAGE,A. Coverage,4. Coverage Extensions. L.Transportation Expense -Higher Limits SECTION III -PHYSICAL DAMAGE COV- ERAGE,A. Coverage,4.Coverage Exten- sions is amended by replacing $20 per day with $50 per day,and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. M.Airbag Coverage SECTION III -PHYSICAL DAMAGE COV- ERAGE,B. Exclusions,3.a.is amended by adding the following: However,the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. N.Loan or Lease Gap Coverage 1.SECTION III -PHYSICAL DAMAGE COVERAGE,C. Limit of Insurance is deleted in its entirety and replaced by the following,but only for private passenger type "autos"with an original loan or lease, and only in the event of a "total loss"to such a private passenger type "auto": a.The most we will pay for "loss"in any one "accident"is the greater of: (1)The amount due under the terms of the lease or loan to which your covered private passenger type "auto"is subject,but will not include: Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission.Page 5 of 5 (a)Overdue lease or loan pay- ments; (b)Financial penalties imposed under the lease due to high mileage,excessive use or abnormal wear and tear; (c)Security deposits not re- funded by the lessor; (d)Costs for extended warran- ties,Credit Life Insurance, Health,Accident or Disabil- ity Insurance purchased with the loan or lease; and (e)Carry-over balances from previous loans or leases,or (2)Actual cash value of the stolen or damaged property. b.An adjustment for depreciation and physical condition will be made in de- termining actual cash value at the time of "loss". 2.SECTION V -DEFINITIONS is amended by adding the following,but only for the purposes of this Loan or Lease Gap Coverage: "Total loss"means a "loss"in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. O.Glass Repair -Waiver of Deductible SECTION III -PHYSICAL DAMAGE COV- ERAGE,D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. P.Duties in the Event of an Accident,Claim, Suit or Loss -Amended SECTION IV -BUSINESS AUTO CONDI- TIONS,A. Loss Conditions,2.Duties in the Event of Accident,Claim,Suit or Loss,a.is amended by adding the following: This condition applies only when the "acci- dent"or "loss"is known to: 1.You,if you are an individual; 2.A partner,if you are a partnership; 3.An executive officer or insurance manag- er,if you are a corporation; or 4.A member or manager,if you are a lim- ited liability company. Q.Unintentional Failure to Disclose Hazards SECTION IV -BUSINESS AUTO CONDI- TIONS,B. General Conditions,2. Conceal- ment,Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form,we will not deny cover- age under this Coverage Form because of such failure. R.Mental Anguish Resulting from Bodily Inju- ry SECTION V -DEFINITIONS,C. "Bodily inju- ry"is deleted in its entirety and replaced by the following: "Bodily injury"means bodily injury,sickness or disease sustained by a person,including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. "Bodily injury"does not include mental anguish or death that does not result from bodily injury,sickness or disease. S.Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto"in operations for or affecting a railroad: 1.Section V -Definitions,H. "Insured con- tract",1.c.is amended to read: c.An easement or license agreement; 2.Section V -Definitions,H. "Insured con- tract",2.a.is deleted. Includes copyrighted material of ISO US 4096 11 16 Properties, Inc., with its permission.Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC NON-CONTRIBUTORY COVERAGE ENDORSEMENT -WHERE REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE: $ ,000,000 Each Occurrence Limit $ ,000,000 Aggregate Limit COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM, US 101 and US 101 UM, is amended as follows: A.SECTION III -LIMITS OF INSURANCE is amended to add the following: 7.For the purposes of this endorsement on- ly,the Limits of Insurance stated in the Schedule of this endorsement and de- scribed below will apply on a "non- contributory basis" within the parameters set forth in SECTION III -LIMITS OF IN- SURANCE of the Coverage Part to which this endorsement is attached: W e will not pay more on behalf of a "non- contributory additional insured"than the lesser of: a.The Limits of Insurance stated in the Schedule of this endorsement; or b.The limits of insurance required in a written contract on a "non- contributory basis" for such "non- contributory additional insured", but only to the extent the required limits of insurance are in excess of the "underlying insurance"; or c.The Limits of Insurance available af- ter the payment of "ultimate net loss" on any insured's behalf from any claim or "suit". This provision is included within and does not act to increase the Limits of Insurance stated in the Declarations. B.SECTION IV -CONDITIONS is amended as follows: 1.Condition 9. Other Insurance is amended to add the following: It is agreed that this condition does not apply to the "non-contributory additional insured's" own insurance program. This exception to the Other Insurance Condition shall only apply if the applicable "underlying insurance" applies on a "non- contributory basis"for such "non- contributory additional insured"and only to the extent of the specific limits of insur- ance required in a written contract or agreement on a "non-contributory basis" that is in excess of the "underlying insur- ance". 2.The following condition is added: 15.As a precedent to the receipt of in- surance coverage hereunder, the "non-contributory additional insured" must give written notice of such claim or "suit",including a demand for de- fense and indemnity, to any other in- surer who had coverage for the claim or "suit" under its policies. Such no- tice must demand the full coverage available and the "non-contributory additional insured"shall not waive or limit such other available coverage. This condition does not apply to the "non-contributory additional insured's" own insurance program. C.SECTION IV -DEFINITIONS is amended to add the following: 30."Non-contributory additional insured" means any person or organization: a.Qualifying as an additional insured under SECTION II -WHO IS AN IN- SURED, Paragraph 3.of the Cover- 5 5 Includes copyrighted material of ISO US 4096 11 16 Properties, Inc., with its permission.Page 2 of 2 age Part to which this endorsement is attached; and b.Being granted additional insured sta- tus on a "non-contributory basis"in the "underlying insurance"as re- quired in a written contract between an additional insured and a Named Insured provided: (1)The written contract or agree- ment is executed before the "oc- currence" resulting in "bodily in- jury", "personal and advertising injury" or "property damage" for which coverage is being sought under this endorsement; and (2)The written contract or agree- ment requires a specific limit of insurance on a "non-contributory basis" that is in excess of "un- derlying insurance". 31."Non-contributory basis" means that the limits of insurance of the Coverage Part to which this endorsement is attached apply to insured loss on behalf of the "non- contributory additional insured" prior to limits of insurance from other insurance in which the "non-contributory additional in- sured"is a named insured. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B Insured copy This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/5/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0002068808 of Texas Mutual Insurance Company effective on 10/5/21 Issued to: MCMAHON CONTRACTING AND CONSTRUCTION LLC DBA: MCMAHON CONTRACTING This is not a bill NCCI Carrier Code: 29939 Authorized representative 10/14/21 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 1 of 22 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict this insurance. Read the entire Coverage Part carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organi- zation qualifying as a Named Insured under this Coverage Part. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organi- zation qualifying as such under SECTION II - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY 1. Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the in- sured against any "suit" seeking dam- ages for "bodily injury" or "property dam- age" to which this insurance does not apply. We may, at our discretion, investi- gate any "occurrence" and settle any claim or "suit" that may result. But: (1)The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2)Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or medical expenses under SECTION I - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B. b.This insurance applies to "bodily injury" and "property damage" only if: (1)The "bodily injury" or "property dam- age" is caused by an "occurrence" that takes place in the "coverage ter- ritory"; (2)The "bodily injury" or "property dam- age" occurs during the policy period; and (3)Prior to the "coverage term" in which "bodily injury" or "property damage" occurs, you did not know, per Para- graph 1.d.below, that the "bodily in- jury" or "property damage" had oc- curred or had begun to occur, in whole or in part. c."Bodily injury" or "property damage" which: (1)Occurs during the "coverage term"; and (2)Was not, prior to the "coverage term", known by you, per Paragraph 1.d. below, to have occurred; includes any continuation, change or re- sumption of that "bodily injury" or "prop- erty damage" after the end of the "cover- age term" in which it first became known by you. d.You will be deemed to know that "bodily injury" or "property damage" has oc- curred at the earliest time when any "authorized representative": (1)Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; (3)First observes, or first observed, the "bodily injury" or "property damage"; (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or (5)Becomes aware, or become aware, of a condition from which "bodily in- jury" or "property damage" is sub- stantially certain to occur. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 2 of 22 e.Damages because of "bodily injury" in- clude damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bod- ily injury". 2. Exclusions This insurance does not apply to: a. Expected or Intended Injury "Bodily injury" or "property damage" which results from the intentional or criminal acts of the insured or which is in fact expected or intended by the insured, even if the injury or damage is of a differ- ent degree or type than actually expected or intended. This exclusion does not ap- ply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agree- ment; or (2)Assumed in a contract or agreement that is an "insured contract", pro- vided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agree- ment. When a claim for such "bodily injury" or "property damage" is made, we will defend that claim pro- vided the insured has assumed the obligation to defend such claim in the "insured contract". Such defense payments will not reduce the limits of insurance. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1)Causing or contributing to the intoxi- cation of any person; (2)The furnishing of alcoholic bever- ages to a person under the legal drinking age or under the influence of alcohol; or (3)Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distribut- ing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation and Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1)An "employee" of the insured sus- tained in the "workplace"; (2)An "employee" of the insured arising out of the performance of duties re- lated to the conduct of the insured's business; or (3)The spouse, child, parent, brother or sister of that "employee" as a conse- quence of Paragraphs (1)or (2) above. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other ca- pacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "in- sured contract". f. Pollutant (1)"Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollutants": (a)At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, Paragraph (a)does not apply to: 1)"Bodily injury" to any person injured while on any prem- ises, site or location owned or occupied by, or rented or loaned to, you provided: a)The injury is caused by the inadequate ventila- tion of vapors; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 3 of 22 b)The person injured is first exposed to such vapors during the pol- icy period; and c)Within 30 days of such first exposure, the per- son injured is clinically diagnosed or treated by a physician for the medical condition caused by the expo- sure to such vapors. However, Paragraph c) does not apply if the "bodily injury" is caused by vapors produced by or originating from equipment that is used to heat, cool or dehu- midify the building, or equipment that is used to heat water for per- sonal use, by the building's occupants or their guests. This exception 1)shall ap- ply only to Named Insureds; we shall have no duty to defend or pay damages for any person or organization that is not a Named In- sured. However, this para- graph does not apply if the "bodily injury" is caused by vapors produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests. For the purpose of the ex- ception granted in Para- graph 1)only, vapors means any gaseous or air- borne irritant or airborne contaminant, including smoke, fumes, vapor or soot, but excluding asbes- tos, which is discharged, dispersed, emitted, re- leased or escapes from materials, machinery or equipment used in the service or maintenance of the premises. Vapors does not mean any gaseous or airborne irritants or con- taminants used in a manu- facturing process or which is the product or by-product of any manufacturing proc- ess; 2)"Bodily injury" or "property damage" for which you may be held liable, if you are a contractor, and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongo- ing operations or "your work" performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that ad- ditional insured; or 3)"Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b)At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, stor- age, disposal, processing or treatment of waste; (c)Which are or were at any time transported, handled, stored, treated, disposed of, or proc- essed as waste by or for: 1)Any insured; or 2)Any person or organization for whom you may be le- gally responsible; (d)At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, Para- graph (d) does not apply to: 1)"Bodily injury" or "property damage" arising out of the discharge, dispersal, seep- age, migration, release, es- cape or emission of fuels, lubricants or other operating fluids, or exhaust gases, which are needed to per- Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 4 of 22 form, or are the result of, the normal electrical, hy- draulic or mechanical func- tions necessary for the op- eration of "mobile equip- ment" or its parts, if such fuels, lubricants or other operating fluids, or exhaust gases, escape, seep or mi- grate, or are discharged, dispersed, released or emitted from a vehicle part designed to hold, store or receive them. This excep- tion does not apply if the fu- els, lubricants or other op- erating fluids, or exhaust gases, escape, seep or mi- grate, or are discharged, dispersed, released or emitted with the intent to cause "bodily injury" or "property damage" or with the knowledge that "bodily injury" or "property damage" is substantially certain to occur, or if such fuels, lubri- cants or other operating fluids, or exhaust gases, are brought on or to the premises, site or location with such intent to escape, seep or migrate, or be dis- charged, dispersed, re- leased or emitted as part of the operations being per- formed by such insured, contractor or subcontractor; 2)"Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a con- tractor or subcontractor; or 3)"Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e)At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirectly on any insured's behalf are performing operations if the op- erations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2)Any loss, cost or expense arising out of any: (a)Request, demand, order or statutory or regulatory require- ment that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize, or in any way re- spond to, or assess the effects of, "pollutants"; or (b)Claim or suit by or on behalf of a governmental authority for dam- ages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxi- fying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, Paragraphs (2)(a) and (b) do not apply to liability for damages because of "property damage" that the insured would have in the ab- sence of such request, demand, or- der or statutory or regulatory re- quirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto or Watercraft "Bodily injury" or "property damage" aris- ing out of the ownership, maintenance, use or entrustment to others of any air- craft, "auto" or watercraft owned or oper- ated by or rented or loaned to any in- sured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage" involved the ownership, maintenance, use or entrustment to oth- ers of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1)A watercraft while ashore on prem- ises you own or rent; (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 5 of 22 (3)Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the in- sured; (4)Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5)"Bodily injury" or "property damage" arising out of: (a)The operation of machinery or equipment that is on, attached to, or part of, a land vehicle that would qualify under the defini- tion of "mobile equipment" if it were not subject to a compul- sory or financial responsibility law or other motor vehicle insur- ance law in the state where it is licensed or principally garaged; or (b)The operation of any of the ma- chinery or equipment listed in Paragraph f.(2)or f.(3)of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" aris- ing out of: (1)The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any insured; or (2)The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged rac- ing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indi- rectly, out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force, in- cluding action in hindering or de- fending against an actual or ex- pected attack, by any government, sovereign or other authority using military personnel or other agents; or (3)Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage to Property "Property damage" to: (1)Property you own, rent or occupy, including any costs or expenses in- curred by you, or any other person, organization or entity, for repair, re- placement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2)Premises you sell, give away or abandon, if the "property damage" arises out of any part of those prem- ises; (3)Property loaned to you; (4)Personal property in the care, cus- tody or control of an insured; (5)That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are per- forming operations, if the "property damage" arises out of those opera- tions; or (6)That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3)and (4)of this exclu- sion do not apply to "property damage" (other than damage by fire or explosion) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days, for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in SECTION III - LIM- ITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5)and (6)of this ex- clusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6)of this exclusion does not apply to "property damage" included in the "products-completed operations haz- ard". k. Damage to Your Product "Property damage" to "your product" arising out of it or any part of it. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 6 of 22 l. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations haz- ard". This exclusion does not apply if the dam- aged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Prop- erty Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1)A defect, deficiency, inadequacy or dangerous condition in "your prod- uct" or "your work"; or (2)A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall of Products, Work or Impaired Property Any liability or damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, re- call, inspection, repair, replacement, ad- justment, removal or disposal of: (1)"Your product"; (2)"Your work"; or (3)"Impaired property"; if such product, work or property is with- drawn or recalled from the market or from use by any person or organization be- cause of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal and Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Asbestos "Bodily injury" or "property damage" aris- ing out of, attributable to, or any way re- lated to asbestos in any form or trans- mitted in any manner. q. Employment-Related Practices "Bodily injury" to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's employment; or (c)Other employment-related prac- tices, policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evaluation, failure to promote, reassignment, discipline, defa- mation, harassment, humiliation or discrimination directed at that person; or (2)The spouse, child, parent, brother or sister of that person as a conse- quence of "bodily injury" to that per- son at whom any of the employment- related practices described in Para- graphs (a), (b)or (c)above is di- rected. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other ca- pacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that "bodily injury" or "property damage" had oc- curred or had begun to occur, in whole or in part, prior to the "coverage term" in which such "bodily injury" or "property damage" occurs or begins to occur. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that "bodily injury" or "property damage" has occurred or has begun to occur at the earliest time when that additional insured, or any one of its owners, members, part- ners, managers, executive officers, "em- ployees" assigned to manage that addi- tional insured's insurance program, or "employees" assigned to give or receive notice of an "occurrence", "personal and advertising injury" offense, claim or "suit": Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 7 of 22 (1)Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; (3)First observes, or first observed, the "bodily injury" or "property damage"; (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or (5)Becomes aware, or become aware, of a condition from which "bodily in- jury" or "property damage" is sub- stantially certain to occur. s. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, in- ability to access, or inability to manipulate "electronic data". t. Distribution of Material in Violation of Statutes "Bodily injury" or "property damage" aris- ing directly or indirectly out of any action or omission that violates or is alleged to violate: a.The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; or b.The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c.Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. Exclusions c.through q.do not apply to "property damage" by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner, for which the amount we will pay is limited to the Damage to Premises Rented To You Limit as described in SECTION III - LIMITS OF IN- SURANCE. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and ad- vertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may re- sult. But: (1)The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2)Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY;or medical expenses under SECTION I - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B. b.This insurance applies to "personal and advertising injury" only if: (1)The "personal and advertising injury" is caused by an offense arising out of your business; and (2)The "personal and advertising injury" offense was committed in the "cov- erage territory" during the policy pe- riod; and (3)Prior to the "coverage term" in which the "personal and advertising injury" offense is committed, you did not know, per Paragraph 1.d.below, that the offense had been committed or had begun to be committed, in whole or in part. c."Personal and advertising injury" caused by an offense which: (1)Was committed during the "coverage term"; and (2)Was not, prior to the "coverage term", known by you, per Paragraph 1.d. below, to have been committed; includes any continuation, change or re- sumption of that offense after the end of Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 8 of 22 the "coverage term" in which it first be- came known by you. d.You will be deemed to know that a "per- sonal and advertising injury" offense has been committed at the earliest time when any "authorized representative": (1)Reports all, or any part, of the "per- sonal and advertising injury" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3)First observes, or first observed, the offense that caused the "personal and advertising injury"; (4)Becomes aware, or become aware, by any means, other than as de- scribed in (3)above, that the offense had been committed or had begun to be committed; or (5)Becomes aware, or become aware, of a condition from which "personal and advertising injury" is substan- tially certain to occur. 2. Exclusions This insurance does not apply to: a. Knowing Violation of Rights of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge of Falsity "Personal and advertising injury" arising out of oral or written publication of mate- rial, if done by or at the direction of the in- sured with knowledge of its falsity. c. Material Published Prior to Coverage Term "Personal and advertising injury" arising out of oral or written publication of mate- rial whose first publication took place be- fore the later of the following: (1)The inception of this Coverage Part; or (2)The "coverage term" in which insur- ance coverage is sought. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agree- ment; or (2)Assumed in a contract or agreement that is an "insured contract", pro- vided the "personal and advertising injury" is caused by or arises out of an offense committed subsequent to the execution of the contract or agreement. When a claim for such "personal and advertising injury" is made, we will defend that claim, pro- vided the insured has assumed the obligation to defend such claim in the "insured contract". Such defense payments will not reduce the limits of insurance. f. Breach of Contract "Personal and advertising injury" arising out of a breach of contract, except an im- plied contract to use another's advertising idea in your "advertisement". g. Quality or Performance of Goods - Failure to Conform to Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "ad- vertisement". h. Wrong Description of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". i. Infringement of Copyright, Patent, Trademark or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, pat- ent, trademark, trade secret or other in- tellectual property rights. However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds in Media and Internet Type Businesses "Personal and advertising injury" com- mitted by an insured whose business is: Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 9 of 22 (1)Advertising, broadcasting, publishing or telecasting; (2)Designing or determining content of web-sites for others; or (3)An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 17. a., b.and c. of "personal and advertising injury" under SECTION V - DEFINITIONS. For the purposes of this exclusion, the placing of frames, borders or links, or ad- vertising, for you or others anywhere on the Internet is not, by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board any insured hosts, owns, or over which any insured exercises control. l. Unauthorized Use of Another's Name or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's poten- tial customers. m. Employment Related Practices "Personal and advertising injury" to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's employment; or (c)Other employment-related prac- tices, policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evaluation, failure to promote, reassignment, discipline, defa- mation, harassment, humiliation or discrimination directed at that person; or (2)The spouse, child, parent, brother or sister of that person as a conse- quence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other ca- pacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. n. Pollutant "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollut- ants" at any time. o. Pollutant-Related Any loss, cost or expense arising out of any: (1)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)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 as- sessing the effects of, "pollutants". p. Asbestos "Personal and advertising injury" arising out of, attributable to, or any way related to asbestos in any form or transmitted in any manner. q. Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that a "per- sonal and advertising injury" offense had been committed or had begun to be committed, in whole or in part, prior to the "coverage term" in which such offense was committed or began to be commit- ted. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that a "personal and advertising injury" offense has been committed or has begun to be committed at the earliest time when that additional insured, or any one of its own- ers, members, partners, managers, ex- ecutive officers, "employees" assigned to Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 10 of 22 manage that additional insured's insur- ance program, or "employees" assigned to give or receive notice of an "occur- rence", "personal and advertising injury" offense, claim or "suit": (1)Reports all, or any part, of the "per- sonal and advertising injury" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3)First observes, or first observed, the offense that caused the "personal and advertising injury"; (4)Becomes aware, or become aware, by any means other than as de- scribed in (3)above, that the "per- sonal and advertising injury" offense had been committed or had begun to be committed; or (5)Becomes aware, or become aware, of a condition from which "personal and advertising injury" is substan- tially certain to occur. r. War "Personal and advertising injury", how- ever caused, arising, directly or indirectly, out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force, in- cluding action in hindering or de- fending against an actual or ex- pected attack, by any government, sovereign or other authority using military personnel or other agents; or (3)Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. s. Distribution of Material in Violation of Statutes "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a.The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; or b.The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c.Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement a.We will pay medical expenses as de- scribed below for "bodily injury" caused by an accident: (1)On premises you own or rent; (2)On ways next to premises you own or rent; or (3)Because of your operations; provided that: (1)The accident takes place in the "coverage territory" and during the policy period; (2)The expenses are incurred and re- ported to us within three years of the date of the accident; and (3)The injured person submits to ex- amination, at our expense, by physi- cians of our choice as often as we reasonably require. b.We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1)First aid administered at the time of an accident; (2)Necessary medical, surgical, x-ray and dental services, including pros- thetic devices; and (3)Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer work- ers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury on Normally Occupied Premises To a person injured on that part of prem- ises you own or rent that the person nor- mally occupies. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 11 of 22 d. Workers' Compensation and Similar Laws To a person, whether or not an "em- ployee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletic Activities To any person injured while officiating, coaching, practicing for, instructing or participating in any physical exercises or games, sports, or athletic contests or ex- hibitions of an athletic or sports nature. f. Products-Completed Operations Haz- ard Included within the "products-completed operations hazard". g. Coverage A Exclusions Excluded under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: 1.All expenses we incur. 2.Up to $250 for cost of bail bonds required be- cause 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. 3.The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4.All reasonable expenses incurred by the in- sured at our request to assist us in the inves- tigation or defense of the claim or "suit", in- cluding actual loss of earnings up to $250 a day because of time off from work. 5.All costs taxed against the insured in the "suit". 6.Prejudgment interest awarded against the insured on that part of the judgment we be- come obligated to pay and which falls within the applicable limit of insurance. If we make an offer to pay the applicable limit of insur- ance, we will not pay any prejudgment interest based on that period of time after the offer. 7.All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or de- posited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. SECTION II - WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c.A limited liability company, you are an in- sured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with respect to their du- ties as your managers. d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive offi- cers" and directors are insureds, but only with respect to their duties as your offi- cers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2.Each of the following is also an insured: a.Your "volunteer workers" only while per- forming duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1)"Bodily injury" or "personal and ad- vertising injury": (a)To you, to your partners or members (if you are a partner- ship or joint venture), to your members (if you are a limited li- ability company), to a co- "employee" while in the course of his or her employment or performing duties related to the Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 12 of 22 conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of that co- "employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d)Arising out of his or her provid- ing or failing to provide profes- sional health care services. (2)"Property damage" to property: (a)Owned, occupied or used by; or (b)Rented to, in the care, custody or control of, or over which physical control is being exer- cised for any purpose by, you, any of your "employees", "vol- unteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b.Any person (other than your "employee" or "volunteer worker"), or any organiza- tion while acting as your real estate man- ager. c.Any person or organization having proper temporary custody of your property if you die, but only: (1)With respect to liability arising out of the maintenance or use of that prop- erty; and (2)Until your legal representative has been appointed. d.Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3.Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited 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 organiza- tion. However: a.Insurance under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to "bodily injury" or "property damage" that occurred before you ac- quired or formed the organization; and c. COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY does not apply to "personal and advertising injury" arising out of an offense committed be- fore you acquired or formed the organi- zation. No person or organization is an insured with re- spect to the conduct of any current or past part- nership, joint venture or limited liability company that is not shown as a Named Insured in the Dec- larations. SECTION III - LIMITS OF INSURANCE 1.The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 2. a.The General Aggregate Limit is the most we will pay for the sum of: (1)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; (2)Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY,except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and (3)Damages under COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY. This General Aggregate Limit will not ap- ply if either the Location General Aggre- gate Limit of Insurance, Paragraph 2.b., or the Construction Project General Ag- gregate Limit of Insurance, Paragraph 2.c. applies. b.A separate Location General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall apply to each location owned by, or rented or leased to you and is the most we will pay for the sum of: (1)Damages under COVERAGE A. BODILY INJURY AND PROPERTY Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 13 of 22 DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and (2)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS, which can be attributed to operations at only a single location owned by, or rented or leased to you. c.A separate Construction Project General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall ap- ply to each construction project and is the most we will pay for the sum of: (1)Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and (2)Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; which can be attributed only to ongoing operations and only at a single construc- tion project. d.Only for the purpose of determining which General Aggregate Limit of Insurance, 2.a., 2.b., or 2.c., applies: (1)Location means premises involving the same or connecting lots, or premises, whose connection is inter- rupted only by a street, roadway, waterway or right-of-way of a rail- road. (2)Construction project means a loca- tion you do not own, rent or lease where ongoing improvements, al- terations, installation, demolition or maintenance work is performed by you or on your behalf. All connected ongoing improvements, alterations, installation, demolition or mainte- nance work performed by you or on your behalf at the same location for the same persons or organizations, no matter how often or under how many different contracts, will be deemed to be a single construction project. 3.The Products-Completed Operations Aggre- gate Limit is the most we will pay under COV- ERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property dam- age" included in the "products-completed op- erations hazard". 4.Subject to 2.a.above, the Personal and Ad- vertising Injury Limit is the most we will pay under COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY for the sum of all damages because of all "personal and ad- vertising injury" sustained by any one person or organization. 5.Subject to 2. or 3.above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a.Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY; and b.Medical expenses under COVERAGE C. MEDICAL PAYMENTS; because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6.Subject to 5.above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. 7.Subject to 5.above, the Medical Expense Limit is the most we will pay under COVER- AGE C. MEDICAL PAYMENTS for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part ap- ply separately to each "coverage term". SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 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 a "personal and advertising injury" of- fense which may result in a claim. To the extent possible, notice should include: (1)How, when and where the "occur- rence" or offense took place; (2)The names and addresses of any injured persons and witnesses; and Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 14 of 22 (3)The nature and location of any injury or damage arising out of the "occur- rence" or offense. b.If a claim is made or "suit" is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit" and the date re- ceived; 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. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investiga- tion or settlement of the claim or de- fense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of in- jury or damage to which this insur- ance may also apply. d.No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any ex- pense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to re- cover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur- ance. An agreed settlement means a settle- ment and release of liability signed by us, the insured and the claimant or the claimant's le- gal representative. 4. Liberalization If, within 60 days prior to the beginning of this Coverage Part or during the policy period, we make any changes to any forms or endorse- ments of this Coverage Part for which there is currently no separate premium charge, and that change provides more coverage than this Coverage Part, the change will automatically apply to this Coverage Part as of the latter of: a.The date we implemented the change in your state; or b.The date this Coverage Part became ef- fective; and will be considered as included until the end of the current policy period. We will make no ad- ditional premium charge for this additional coverage during the interim. 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COV- ERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also pri- mary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1)Any of the other insurance, whether primary, excess, contingent or on any other basis: (a)That is Fire, Extended Cover- age, Builder's Risk, Installation Risk or similar insurance for "your work"; (b)That is Fire or Explosion insur- ance for premises rented to you or temporarily occupied by you with permission of the owner; (c)That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tem- porarily occupied by you with permission of the owner; or (d)If the loss arises out of the maintenance or use of aircraft, Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 15 of 22 "autos" or watercraft to the ex- tent not subject to SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY, 2. Exclusions, g. Aircraft, Auto or Watercraft. (2)Any other primary insurance avail- able to the insured covering liability for damages arising out of the premises or operations, or the prod- ucts and completed operations, for which the insured has been added as an additional insured by attach- ment of an endorsement. (3)Any other insurance: (a)Whether primary, excess, con- tingent or on any other basis, except when such insurance is written specifically to be excess over this insurance; and (b)That is a consolidated (wrap-up) insurance program which has been provided by the prime contractor/project manager or owner of the consolidated proj- ect in which you are involved. When this insurance is excess, we will have no duty under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that ex- ceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provi- sion and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cover- age Part. c. Method of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 6. Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retro- spective premiums is the date shown as the due date on the bill. If: (1)The earned premium is less than the deposit premium, we will return the excess to the first Named Insured; or (2)The earned premium is greater than the deposit premium, the difference will be due and payable to us by the first Named Insured upon notice from us. c.The first Named Insured must keep rec- ords of the information we need for pre- mium computation, and send us copies at such times as we may request. 7. Representations By accepting this Coverage Part, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon repre- sentations you made to us; and c.We have issued this Coverage Part in re- liance upon your representations. 8. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named In- sured, this insurance applies: Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 16 of 22 a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 9. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 10. Two or More Coverage Forms or Policies Issued by Us If this Coverage Part and any other Coverage Form or Coverage Part forming a part of this policy apply to the same "occurrence" or "per- sonal and advertising injury" offense, the ag- gregate maximum Limit of Insurance under all the Coverage Forms or Coverage Parts shall not exceed the highest applicable Limit of In- surance under any one Coverage Form or Coverage Part. This condition does not apply to any Coverage Form or Coverage Part is- sued by us specifically to apply as excess in- surance over this Coverage Part. 11. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written notice of the nonrenewal not less than 30 days be- fore the expiration date. If notice is mailed, proof of mailing will be suf- ficient proof of notice. SECTION V - DEFINITIONS 1."Advertisement" means a notice that is broad- cast, telecast or published to the general pub- lic or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. "Adver- tisement" includes a publicity article. For pur- poses of this definition: a.Notices that are published include mate- rial placed on the Internet or on similar electronic means of communication; and b.Regarding web-sites, only that part of a web-site that is about your goods, prod- ucts or services for the purposes of at- tracting customers or supporters is con- sidered an "advertisement". 2."Authorized representative" means: a.If you are designated in the Declarations as: (1)An individual, you and your spouse are "authorized representatives". (2)A partnership or joint venture, your members, your partners, and their spouses are "authorized representa- tives". (3)A limited liability company, your members and your managers are "authorized representatives". (4)An organization other than a part- nership, joint venture or limited liabil- ity company, your "executive offi- cers" and directors are "authorized representatives". Provided you are not a publicly traded organization, your stockholders are also "author- ized representatives". (5)A trust, your trustees are "authorized representatives". b.Your "employees": (1)Assigned to manage your insurance program; or (2)Responsible for giving or receiving notice of an "occurrence", "personal and advertising injury" offense, claim or "suit"; are also "authorized representatives". 3."Auto" means: a.A land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4."Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 5."Coverage term" means the following individ- ual increment, or if a multi-year policy period, increments, of time, which comprise the policy period of this Coverage Part: a.The year commencing on the Effective Date of this Coverage Part at 12:01 AM standard time at your mailing address shown in the Declarations, and if a multi- year policy period, each consecutive an- nual period thereafter, or portion thereof if any period is for a period of less than 12 months, constitute individual "coverage Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 17 of 22 terms". The last "coverage term" ends at 12:00 AM standard time at your mailing address shown in the Declarations on the earlier of: (1)The day the policy period shown in the Declarations ends; or (2)The day the policy to which this Cov- erage Part is attached is terminated or cancelled. b.However, if after the issuance of this Coverage Part, any "coverage term" is extended for an additional period of less than 12 months, that additional period of time will be deemed to be part of the last preceding "coverage term". 6."Coverage territory" means: a.The United States of America (including its territories and possessions), Puerto Rico and Canada; b.International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c.All other parts of the world if the injury or damage arises out of: (1)Goods or products made or sold by you in the territory described in a. above; (2)The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3)"Personal and advertising injury" of- fenses that take place through the Internet or similar electronic means of communication, provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement to which we agree. 7."Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically con- trolled equipment. 8."Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". 9."Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10."Hostile fire" means one which becomes un- controllable or breaks out from where it was intended to be. 11."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a.It incorporates "your product" or "your work" that is known or thought to be de- fective, deficient, inadequate or danger- ous; or b.You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a.The repair, replacement, adjustment or removal of "your product" or "your work"; or b.Your fulfilling the terms of the contract or agreement. 12."Insured contract" means: a.A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "property damage" by fire or explosion to premises while rented to you or temporarily occu- pied by you with permission of the owner is not an "insured contract"; b.A sidetrack agreement; c.Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 feet of a railroad; d.An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage" or "personal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 18 of 22 (1)That indemnifies a railroad for "bodily injury", "property damage" or "per- sonal and advertising injury" arising out of construction or demolition op- erations, within 50 feet of any rail- road property and affecting any rail- road bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2)That indemnifies an architect, engi- neer or surveyor for injury or damage arising out of: (a)Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; or (b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (3)Under which the insured, if an archi- tect, engineer or surveyor, assumes liability for an injury or damage aris- ing out of the insured's rendering or failure to render professional serv- ices, including those listed in Para- graph (2)above and supervisory, in- spection, architectural or engineering activities; (4)That indemnifies an advertising, pub- lic relations or media consulting firm for "personal and advertising injury" arising out of the planning, execution or failure to execute marketing com- munications programs. Marketing communications programs include but are not limited to comprehensive marketing campaigns; consumer, trade and corporate advertising for all media; media planning, buying, monitoring and analysis; direct mail; promotion; sales materials; design; presentations; point-of-sale materi- als; market research; public relations and new product development; (5)Under which the insured, if an adver- tising, public relations or media con- sulting firm, assumes liability for "personal and advertising injury" arising out of the insured's rendering or failure to render professional services, including those services listed in Paragraph (4), above; (6)That indemnifies a web-site designer or content provider, or Internet search, access, content or service provider for injury or damage arising out of the planning, execution or fail- ure to execute Internet services. Internet services include but are not limited to design, production, distri- bution, maintenance and administra- tion of web-sites and web-banners; hosting web-sites; registering do- main names; registering with search engines; marketing analysis; and providing access to the Internet or other similar networks; or (7)Under which the insured, if a web- site designer or content provider, or Internet search, access, content or service provider, assumes liability for injury or damage arising out of the insured's rendering or failure to ren- der Internet services, including those listed in Paragraph (6), above. 13."Leased worker" means a person leased to you by a labor leasing firm under an agree- ment between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing firm. "Leased worker" does not include a "temporary worker". 14."Loading or unloading" means the handling of property: a.After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b.While it is in or on an aircraft, watercraft or "auto"; or c.While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a me- chanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15."Mobile equipment" means any of the follow- ing types of land vehicles, including any at- tached machinery or equipment: a.Bulldozers, farm machinery, forklifts and other vehicles designed for use princi- pally off public roads; b.Vehicles maintained for use solely on or next to premises you own or rent; c.Vehicles that travel on crawler treads; d.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1)Power cranes, shovels, loaders, dig- gers or drills; or Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 19 of 22 (2)Road construction or resurfacing equipment such as graders, scrap- ers or rollers; e.Vehicles not described in a., b., c.or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1)Air compressors, pumps and gen- erators, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment; or (2)Cherry pickers and similar devices used to raise or lower workers; f.Vehicles not described in a., b., c.or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1)Equipment designed primarily for: (a)Snow removal; (b)Road maintenance, but not con- struction or resurfacing; or (c)Street cleaning; (2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3)Air compressors, pumps and gen- erators, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment. However, "mobile equipment" does not in- clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehi- cle insurance law are considered "autos". 16."Occurrence" means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions. 17."Personal and advertising injury" means in- jury, including consequential "bodily injury", arising out of one or more of the following of- fenses: a.False arrest, detention or imprisonment; b.Malicious prosecution; c.The wrongful eviction from, wrongful entry into, or invasion of the right of private oc- cupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d.Oral or written publication, in any manner, of material that slanders or libels a per- son or organization or disparages a per- son's or organization's goods, products or services; e.Oral or written publication, in any manner, of material that violates a person's right of privacy; f.The use of another's advertising idea in your "advertisement"; or g.Infringing upon another's copyright, trade dress or slogan in your "advertisement". 18."Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and petroleum by-products, and waste. Waste includes materials to be recycled, recondi- tioned or reclaimed. 19."Products-completed operations hazard": a.Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1)Products that are still in your physical possession; or (2)Work that has not yet been com- pleted or abandoned. However, "your work" will be deemed com- pleted at the earliest of the following times: (a)When all of the work called for in your contract has been com- pleted; or (b)When all of the work to be done at the job site has been com- pleted if your contract calls for work at more than one job site; or (c)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, main- tenance, correction, repair or re- placement, but which is otherwise Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 20 of 22 complete, will be treated as com- pleted. b.Does not include "bodily injury" or "prop- erty damage" arising out of: (1)The transportation of property, un- less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "load- ing or unloading" of that vehicle by any insured; (2)The existence of tools, uninstalled equipment or abandoned or unused materials; or (3)Products or operations for which the classification, listed in the Declara- tions or in a schedule, states that products-completed operations are included. 20."Property damage" means: a.Physical injury to tangible property, in- cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physi- cal injury that caused it; or b.Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 21."Suit" means a civil proceeding in which money damages because of "bodily injury", "property damage" or "personal and advertis- ing injury" to which this insurance applies are alleged. "Suit" includes: a.An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; b.Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent; or c.An appeal of a civil proceeding. 22."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compen- sation by you or anyone else for their work performed for you. 24."Workplace" means that place and during such hours to which the "employee" sustain- ing "bodily injury" was assigned by you, or any other person or entity acting on your be- half, to work on the date of "occurrence". 25."Your product": a.Means: (1)Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a)You; (b)Others trading under your name; or (c)A person or organization whose business or assets you have acquired; and (2)Containers (other than vehicles), materials, parts or equipment fur- nished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fit- ness, quality, durability, performance or use of "your product"; and (2)The providing of or failure to provide warnings or instructions. c.Does not include vending machines or other property rented to or located for the use of others but not sold. 26."Your work": a.Means: (1)Work or operations performed by you or on your behalf; and (2)Materials, parts or equipment fur- nished in connection with such work or operations. b.Includes: (1)Warranties or representations made at any time with respect to the fit- ness, quality, durability, performance or use of "your work"; and (2)The providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 21 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1.The insurance does not apply: A.Under any Liability Coverage, to "bodily injury" or "property damage": (1)With respect to which an insured un- der this Coverage Part is also an in- sured under a nuclear energy liability policy issued by Nuclear Energy Li- ability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2)Resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which (a)any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this Coverage Part not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, un- der any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B.Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazard- ous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C.Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nu- clear material", if: (1)The "nuclear material" (a)is at any "nuclear facility" owned by, or oper- ated by or on behalf of, an insured, or (b)has been discharged or dis- persed therefrom; (2)The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, proc- essed, stored, transported or dis- posed of, by or on behalf of an in- sured; or (3)The "bodily injury" or "property dam- age" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such fa- cility is located within the United States of America, its territories or possessions or Canada, this Exclu- sion (3)applies only to "property damage" to such "nuclear facility" and any property thereat. 2.As used in this exclusion: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product ma- terial". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear re- actor". "Waste" means any waste material (a)con- taining "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b)resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: A.Any "nuclear reactor"; B.Any equipment or device designed or used for (1)separating the isotopes of uranium or plutonium, (2)processing or utilizing "spent fuel", or (3)handling, processing or packaging "waste"; C.Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is lo- cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission.Page 22 of 22 D.Any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of ra- dioactive contamination of property. Bond #219208J 1 2 3 4 5 6 7 8 9 10 11 12 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 13 FERFORMANCE BOND oo6zr�-� PERTORMANCE BOND Page l of 2 § § KNOW ALL BY THESE PRESENTS: § That �n,e, McMahon Contracti�g, knowz� as "Principa]" herein and Westfield Insurance Coinpan� , a corporate surety(sureties, if more than one) duiy authorized to do business in the State of Texas, known as "Surety" herein {whether one or mare), are held and firmly bound unto the Developer, 707 AVENUE, LLC, authorized to do business in Texas ("Developer"} and the City of Fort Worth, a Texas municipa] corporatian 13 {"City"), in the penal sum pf, Seven Hundred Farty Six Thousand Two Hundred Eighty Dollars 14 and 68/104 ($746,2S0.6S), lawful money of the United States, to be paid in Fort Worth, Tarrant County, IS Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City i6 17 l8 19 20 as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jaintly and severally, firmly by these presents. WHEREAS, Developer and City have en#ered into an Agreement for the construction of community facilities in the City af Fort Worth by and through a Comm�snity Facilities Agreerr�ent, CFA NumUer 103231; and McMahon Contracting. 21 WHER�AS, the Pri»cipa� has entered into a certai�s ��ritten cont�-aci with the Developer awarded 22 the�}:B}'(� day of , 20�i, which Con#ract is hereby referred to a3�d tnade a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labot 24 25 26 27 28 29 30 3] and other accessories defined by law, in the prqsecution of the Work, including any Change Orders, as provided for in said Contract designated as BLUE L�4G0014rDREAM�4DDITION. NOW, THEREFORE, the condition oF this obligatior� is such that if the said Frincipal shall faithfully perform it obligations �mder the Contract and shal] in all respects duly and faithfully perform t}ae Work, includinb Change Orders, under the Contract, according ta the plans, specifications, and contract doctrments therein referred to, and as well during any period af extension of the Contract that may be granted on th� part of the Developer and/or City, then this obligation si�al] be and become null and void, otherwise to remain in full force and �ffect. C[TY OF FQRT WORTH STANDARD CITY CON17T'T10N5 — DEVELOPER AWARDEl� PROJECTS Revised ]anuai�� 31. 2012 BLUELf1G0��` DRE,9;LIADDN CP,'�' 103231 OOb213-2 PERFORMANCEBpND Pa�e 2 of2 PROVIDED �'URTHER, that if any �egal action be filed on this Bond, venue shall lie in 2 Tarrant Gounty, Texas or the United States District Court for the Northertt District of Texas, Fori 3 Worth Division. � 5 G� This bond is made and executed in compliance with the provisaons oF Chapter 2253 of the Texas Governznent Code, as arnended, and all liabilities on thrs bond sE�all b� determined in accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, tE�e Principal and tfte Surety �ave SIGNED and SEALED 8 this instrument by duly authorized agents and afficers on this the �i�___day of �, 9 20 �. 10 11 1Z l3 14 15 16 ]7 1$ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4G ATTEST: . {Principal) � cretary �� N�-G1Yt�a�l . Wifness as to Principal PRINCIPAL: McMahon Contracti�tg BY: �.��, %� Signature Scott Cummin�s, President Name and Title Address: 3a19 Ray Orr Botilevard Grand Prairi�, Texas 75050 SLRETY: Wes field ns nce Com an SY: � Slgl'lafUre �adePorler,Attarncy�in-Fact '` ade Parter, Attorney-in-Fact Name and Title �� r�� 1�Y1e55 aS i0 Sill'eiy Ashlie Atkins, Sot�d AccotE�t Vlanager Address: 225� Rid e Road Suite 333 12ockt��a11. TX 75�87 Teiephone Number: 972 772_722p *Note: If signed by-an offiicer of the 5urety Company, there must be on file a certifiec: Gxti-act from the by-laws showing that this person has authority to sign such obligat�an. �f Suret�-'s phys�cal address as different from its mailing address, both must be pravided. The date of the bond shall not be prior to the date the Cantract is awarded. CITY OF FOR1' WORTH STANDARp CITY COND[TIdNS — DEVELOPER ALVARDED PROSEC"1'S Revised January 31, 201Z BLUE LAGOON DKE.4M�11JD�'�' CPN 103231 Bond #219208J � 2 3 4 5 6 7 8 9 10 1� ]. 2 THE STATE O�' TEXAS COUNTY O�' TARRANT sECTION o0 6z �a PAYMENT BOND 005214-1 PAYMENTBOND Paee 1 of? § § KNOW ALL BY THESE PRESENTS: § That we, McMahon Contractin�, ]cnawn as "Pi•incipal" herein, a�d Westfield Insurance Company , a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, knawn as "Surety" F►erein (whether one pr nnore}, are held and firmly bound unta the Developer, 707 AVENUE, LLC, authorized to do business in Texas "(Developer"), and the City of Fort Worth, a 13 Texas municipal cof-pporation ("City"), in the pena] sum of Seven Hundred Forty Six Thousand 14 Two Hundred Eighty Dollars and 68/100 (�7�16,280.68}, lawfirl money of the United 5tates, to be 15 paid �n Fort Warth, Tar�ant County, Texas, far the payment of w[�ich sum well and truly be rnade jointly 1G unto the Developer and the City as d�al obligees, we bind ourselves, aur heirs, executors, administrators, 17 1$ 19 20 successars and assigns, jointly and severally, firmly by t�ese presents: WHEREAS, Developer and City have enteeed into an Agreement for the construction of community facilities in the City of Foii Worth, by and thraugh a Communi#y Facilities Agreement, GFA Number ]03231;and 21 WHEREAS, �'rincipal has entered into a cer�ain written Contract with Developer, 2,Z awarded the �day of � , 20 �� , which Gantract is hereby �� 23 referred to and made a part hereof for all puiposes as if fully set fortla herein, to furnish ail 24 25 26 27 �g 29 30 materials, equipment, ]abor and other accessoi�ies as defined by law, in the prosecut�on of the Work as provided for in said Coniract and desig��ated as BLUELAGDONDREAMADDITION. NOW, TH�REFORE, THE CONDITION OF THIS OBLJGATION is such that if �'rincipal shall pay all monies awing to any (and all} payment hond beneficiary {as defined in Chapter 2253 af the Texas Government Cod�, as amended} in the prosecu#ion of the Wark under the Contract, then this obligation shall be and become nul] and void; otherwise to remairs in fuEl force and effect. CIT1' OF FORT `h'ORTH BLUE L,4GOONDI2E:9:L1 ADDN 5 TANDARD CITY COND1TlONS — DEVELOPER AVdAkL��;D PAOJECTS CPN 10323I Revised lanuary 31_ 2012 aa62 �a-z PAYMENT BOND Page 2 of 2 2 3 This bond is made and executed in compliance with ti�e pro�isioras of Chapter 2253 ot'the Texas Govemment Code, as ara�ended, ancf alI liabilities an this bond shall be determined in accordance witl� the provisions of said statute. 4 IN WTTN�SS WHEREO�, the Principal and Surety have each SIGNED and SEALED 5 th�s instrument by duly autharized agents and officers on this tlie- ��•— day af 6 , 2(��. PRINCIPAL: McMahon Contracting ATTEST: � {Principal) S cretary , �� `� Witness as o Principai B Y: � � _ �"��1 � Signature Scott Cummings, President .i019 Roy Orr Boulevard Grand Prairie, "E'exas 7505Q SURETY: Westfield Insara ce Coin an n ATTEST: gy; �` S1�I1$tllle PoFter,AFtorney-in- act � (Surety) Secretary � i^ i f yti 3 W itness as to Surety Ashlie Atkins, Bund Accoutit VFanager 8 9 10 11 12 13 14 15 jade Porter, Attorney-in-Fact Name artd Title Address: 2255 Rid e Roa� Suite 333 Rockwall TY, 75087 Telephone Number: (9�?) ��Z_�z2p Note: lf signed by an officer of the Surety, there i�ust he on file a certi�ed extract fram tlie byla��s sl7owing that t}tis person kias autharity to sign such obligation. If Surety's physical address is different from its ma�ling address, both must be provided. The date of the bond sisal6 not be prior to the date the Contract is avvarded. END OF SECTIQN _� CITY O�' CpRT W ORTH BLU6 L.flGOOAr DRE.1�L1 AL?D:i� STANDART] CITY COND17'IONS — DEVELOPER A1�'AKDED PROJECTS CPN 10323I Etevised January 31; 2012 General Power of Attorney CERTIFIED C�PY Know A!! Men by These Presents, That WEST�IEL❑ INSURANCE CqMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHlO FARMERS iNSURANCE COMPA�fY, corporations, hereinafter referred to individually as a"Company" and collective(y as "Companies," duly organizsd and existing under the laws of the 5tate of Ohio, and having fts principal off€ce in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORdAN, MISTIE BECK, JEREMY BARNETT, JAl7E PORTER, R�BERT G. KANUFM, JARRETT WILL50N, JACK NOTTfNGHAM, )OINTI.Y OR SEVERALLY of RpCKWALL and State of TX its true and lawfuf Attorney(s)-in-Fact, with full power and authoriry hereby con�erred in Ets r�ame, place and stead, to execute, acknowledge and deliver any and all 6onds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - • • - - - - - - - - - - - - - - - - • • - - - - - - - - - - - - - - - - - - - - - - • - - - • • - - - - - - - - - • LIMITATION: THIS POWER OF ATTaRNEY CANNQT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE Gl1ARAf�TEE, OR BANK DEPOSITORY B4ND5. 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 carporate seal of the appiicabEe Company and duly attested by its Secretary, hereby ratifying and conFirming all that the said Attorney(s)-in Fact may do in the premises. Said apPointmenk is made under and by authoriry of the following resolution adopted by the Board of �irectors of each of the WESTFIELD INSURANCE CflMPANY, WESTFIEL� NATIONAL IN5URANCE GOMPANY and OHI� FARMERS INSURANCE CON€PANY: „Se It Resolved, that the President, any 5enior Executive, any S�cretary or any Ffdeiity & Surery Operations Executive or other Executive shall be and is hereby vested with full power and authoriry to appoint any one or more suitable persons as Attorney{s)-in-Fact to represent and act for and on behalf of the Company sut�ject ta the following provisions: 7he Attomey-in-Fact. may be given full power ancS authonty F�r and in the namc 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 obl€gatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such inskruments so executecf by any such Attomey-in-Fact shall be as binding upon the Company as if signed by ihe President and sealed and attested by the Corporate 5ecretary." "Be rt Furfher Resolved, that the signature of any such designated person and the seai of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facslmlle, and any power of attorney or certificate bearfng facsimile signawres or facsimile seal shall be va[id and binding upon the Company with respect ro any band or undertaking to which it €s attached.' (Each adopted at a meeting held on February 8, 2000). !n Witness Whereof, WE5TFIELD INSURANCE CaMPANY, WESTFIELD NATIONAL INSURANGE COMPANY and OHId FARMERS 1NSURANCE COMPANY have caused these presents to be signed by their National 5urety Leade� and Senior Executive and their corporate seals to be hereto affixed this 02nd day of JANUARY A.�., 2020 . Cofpofaie �,.•�+"`..�na�a..�+,,� ,�,•n, �n„� ,�., r � ... '+rry.. Seals '� 1��"�A��C` �'s ,••`'��-��{'NF`� �^ '' .•• 111$tf ., W�STFIELD INSURANC� CDMPA�Y Affixed��+�'f� �++�� s� ;�ON� . �'��'-p"= r�'�`�.•4��E`�''- OH 0 FIARMERSlI�N$#JRANC COMPApMPANY =,�t ' � -�: y _ ;�'��1�tTFJ�p•.�� .; - . - `q►- ' � :T- - . _ : _ ? iro _�-: E . o . _ ' �'l,' ,�o, �t� = y�. ,:a;- =�h 1�� ::a� �� f �� .�,.�*� .a�.a..... , ,q ''•"• »,,,ra� s�'• . �. � ,.��; ��.r�c�.� �4 r'�`- �.,.. .. � � • ` � '•��' S C � State of Qhio �� ,,; `��„�•�r� �'%,,,,�;.��,..,.,•" �. � � By: � : County af Medina ss.: Gary W. �turnpeC, Nationa�`Surety Leader and Seniar Executive On this 02nd day of JANUARY A.D., 2020 ,�eFore me personally came Gary W. Stumper to me known, who, b�ing by me duly sworn, did depose and say, Chat he resides ii1 HartFOrd, CT• that he is Natipnal Sureky Leader and Senior Executi�e of W�STFIELD INSURANCE COMPANY, WE57FIELD �VATIONAL I�ISURANCE COMPANY and dHlO FARMERS fNSURANCE COMPANY, the companies described in and which executed the above ins[rument; that he knows the seals of said Companies that the seals affixed to said insCrument are such corporate seals; that they were so af#ixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affl Xed State of phio County of Medina ss. .�"' �1 A � '•�'"o_ �.�P•- ......., s , fl; `\1lf�t{i � ��Li,rr i�rr a '� �1,��,°, :RT� O� p . POWER N0. 4220012 14 Westfield lnsurance Co. Westfield National fnsurance Co. Ohio Farmers Insurance Co. Westfield C�nter, Ohio �� / � � �a�id A. Kotni�C, Attorney at Law, Notary Public My Commisslon Qoes Not Expire (Sec. 147.03 Ohio Re�ised Code) I, Frank A. Carrino, Secretary of WESTFIELD 1NSURANCE COMPANY, WESTFIELQ NA710k�AL INSURANCE CaMPANY and OHIO FARMER5 INSURANCE COMPANY, do hereby certify t[nat the ahove and foregofng is a true and carrect copy of a Power of Attarney, executed ay said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Qirectors, set out in the Power of Attorney are in full force and effect. In lNftness Whereaf, I have hareunto set my hand and affixed the seals of said Companies at WestfieEd Center, Ohio, this day of A.Q., . ��o�, f��'a+ �C�o ; ; �+LA�E�� J � _ `.,_ ..,..�" �r ��. s o �.�tnNF,L:;vsG�. � --i: � . p "' =^!J: :�: _ U7;, �1...�� +T7 � _-�. ,:�,: ..# . ,, .� � � �,,,,,., ��RTfR��j��a` � �� : :�r_ � i� x Sametary r ; 184� ,: a; ° � .... ' ��.= Frank A. Carrino, Secretary BPOAC2 {combi�ed) (D6-U2) ilV�p��TANi' NC�"TIC� �TA?"E t�� 7E�(AS �DME'LAIh1T' P�f��dU��S 1. IMP�t�i"ANi IVQi'10E To obta�n intam�atiain or �ake � cc�mplaint: 2, You m�y �o�t�et yaur �g�nt. �VIS�J I�IIPC�t��'A(V"f� k��ra ahten�r infarmacian o p�ra sdnteter una queja: Pe��de cs�mu�i�rse �n su �titlej �I (telephar�e nun�ber): 3, Yr� rn�y ��il YU'�stti��d I�surance ��mpat�y, We�lf�eid �latinn�l �r�sur�nce Cam�ar�y, a�dior t�hio ��rmer� i�t�ura�e� �pmp�r►y'� toll-f�e� t�le�ahc��e n�rrth�r tor in(�rrnaki�n or 1� rn�ke a �r��E�ir�t �t: 7�8�D-��3-{7210 �, You may �Iso write to ° W�stfield In�wr�nc� ��mpatty� W�Stf��ld f��ti�i'le�l f�3S[�I'�11C� t:t�t�tp�I�y, andlor Ohia Farmers Insurance Gott��ny at� At��r: �onci �laim� t7ne i'�rk Circie P 0 Bax 5�01 We�tii�lr� Ce�t�r, �W 4�25�-St101 l��x #33��f!$7•884Q 5. You m�y cc�nt��t t�� T�x�s C7�p�rirr��nt ei Ins�r�nce ta e�blain Inforrr��iian on c�m��nies, Covera�es, r�ghts or cnmp��n#s at: 1-8flq-252-3d39 6. Y�u rn�y �rrite io the T�xas ��a�trn�t of insur�nc�, ��n�una�r Prc�tecii�r� �eGlinn (MG '� 1 �t•1Aj: !'.G, B��s 14�i�9i Austirs, '�?( �S'714•90$1 �az: (5�25 490-14(�7 illl�b; +�ruvw.t�i<te.x��.gc�v �-��il: � � � � �' _ � l� � � 1� "st �. o 7, PREMJUN! q�i �LAIlUI �iSpU't�S: S}�ou0d y�cr l��ve � d[sput� cancerr�i�i� y�s��r �r�mium or �bo�t � clairr�, yo� sho�lcf c�ntaet th� agent, V`d�st��ld Ir�suranC� Comp�ny, 1lVestf��ld N�tion�E insuranc� Campany, or 4hia �arm�rs I��i��anc� Camp�ny f'rr�t. I[ the dfsput� is ri�t r�sc�lv�d, ynt� ma}� con(ae� itt� T'�xas Dep��tm�nt of Insurance. 8. ATTA�H T'Hi� Ni7TIC� 1'O YaUR PdLICY: This not€c� �s tor �nforr��t�on onty and does not be�ame a� p��k or �o�tditi�n �1 tt�� att�checf d�cumenL Usted �uede ll�m�r �1 numero de t�i�#o�o gr�ti� d� W�atfieid Insur,an�e Gam�any� Westti�ld Natio�a! Insurance Campany, �n�1or C7tti� �armer� tnsu�ance Cc�mp�ny's p�r� infarm�cion o par� s�m�t�r una que�a ai: 1 •8�U-243-021 � Ust�d tambi�n pu�de �scrib�r a 1�i�stfleld I�sur�n�� rinpany, Westfisld Natior�ai �rrsur�nce �orrt�a�y, andlor C3�tiic� Far�er� lnsi�r�nce Cc►rn�any� Alin: B+and G�aims O�ye #��rk �ir�i� PC�61ox5t101 Westtietd C�nter, 0� 44�5��5Q�11 Fax #3�-887`�0�4t1 Pu�d� ��nunic�rs� con �I i��p�rl�m�nt� �e S�uras d� �"exas par� crbien�r inforrn��ion a�erc� cie �n�panle�, cobe�uras, tierec�os a qt�e�� al: 't-80�-2b2-3439 Puede �scril�ir al ��p�rtam�nio de �eg��ros de �'ex��, �or��um�r Pratection 5ection �MC 1'S1-iA}: P.U. Box 149�91 Ata�tirt, TX 78714-9�i91 Fax'. (�12) 4��-'i007 t�leka: �n�vw.td+.t�x�s.gav �-rn�ii� �s� r p15PC��'AS �i��i� P'�tlf�A� � �t��1..�141�St �i ti�ne �� dis�rui�a cn�tc�m�e�t� a�� pr�ma o a un r�cian7v, debe con7u�'tcarse cor� �I agente, Vl+�stfi�id Insur�nce Cdn�pan�, Westtield Natian�! Ir►suraa�ce ��mpa�y. a Ohia �'arr�ers Insur�nc� Car�pa�nY primer�. Si rio s� r�su�lve I� d(spul�, puede enfonces comtmlcars� aon ei de�arrtam�nio �TDij. t�NA �STE AVlB� A sU PO�.IZA: Esle aviso es strlo para propusita dc infarrr�a�ic�r� y nc� s� canv;e�te �n p�ri� ea cottdi��or� d�l da��ur��nt� a�j�xnto. �31��9 �0 �`�G-1 �) Bond #219208] 1 2 3 4 5 6 7 TH� STATE OF T�XAS COUNTY OF TARRANT S�CTION 00 62 19 MAINTENANCE BOND ao6z�g-� MAINTENANCF. 130ND Page i of 3 § § KNOW ALL BY TH�SE PR�SENTS: � 8 That we McMallon Cant��acting, LP , icnown as 9 "Principal" herein and Westfield lnsurance Com a�� , a carporate surety 10 {suretEes, if more than one) duly al�thorized to do businass in khe State of Texas, known as 11 "Stu•ety" herein (whether one or rno�•e), are held and firmly bound unto the De�eloper, 707 12 AV�NU�, LLC, autha�'ized to do business in Texas {"Developer") and khe City of Fort Wor-th, a 13 14 15 16 17 18 19 20 21 22 Texas municipal corporation {"City"), in tlte sum p f Seven Hundrzd Foriy S�x Tl�ous��d Two Hii�dmd Ei�l�t�� oollars rmd G81300 Dollars ($ 746 280.68 i > > lawfi�l ino��ey of the ll��ited States, to ba paid in Fort Wortlt, Tarrai}t County, Texas, fot• payment of which sucn well and truly be made jointly unto t�Ze Developee and tl�e City as dual obligees a�d their successors, we bind ourselvas, our heirs, execukors, adminiskrators, successors ancf assigns, jaintly and severally, firmly by these presents. WH�REAS, De�eloper and City have entered into an Agree3ne»t for tlie construction af cozninunity facilities in the City of Foet Wor�th by and tku•o��gh a Community Facilities Ag�•eement, CFA Number 103231; and McMahon Contracting, LP 23 WHEREAS, fhe Principal has entered into a certaiii written caniract with ti�e Developer• 24 awa�•ded the�.day of �t�1 _ , 20 ti2; which Contract is 25 hereby ►•eferred to and a made part hereof for a11 purposas as if fully set forth herein, to fiu•nish all 26 inatel•ials, equip�nent labor and otl3er accessories as def�ned by law, ii� tEle prosecution of the 27 Wark, i�icluding atry Work resulting from a duly autliot•ized Change O�•der (coileckively herein, 28 the "Work") as provided for in said Contract and designated as BLUE LAGOONDREAM 29 ADDITION; a�id 30 31 32 33 3� WHEREAS, Princi��al binds itself to use such materials and ko so construct the Work in accai•dance with the plarts, speci%cations and Contract Dacuments that tlae Woek is and �yill re�nain fi•ee fi•o�n defects in �r�aterials ar• worke�lansl�ip for and d�iring the period of hvo (2} years after the date of Final Acceptai�ce of the Work by tl�e Gity ("Mainte�iance Period"); and C17'Y OT� FOR'E' WOIiTH STANDARD CITY COND17'IONS — DEV�LOPER AWAE2DED PROJ13CT5 Revised lanuary 31, 2012 pLUE LAGOON DRh'AAJRDDN CPA'103231 McMahon Cantracting, LP 006219-2 MAINTENANGE SOND Page 2 oi3 WH�REAS, I'�•incipal binds itself to repai�• or reco�fstruct the Work in whole o�• in paE-� upon receiving notice fram the Develope�• ancUor City of the need thereaf at a�ry time within the Maintenance Periad. NOW TH�R�FOR�, the candition of this obligatifln is sucl� that if Principal shall remedy a��y defective Work, for whicl� timaly notica was provided by Developer nr City, to a eampletio�� satisfactory to the City, tlien this o[�ligation shall hecome nuli and vaid; othe�•wise ta reinain in full %rce and effect. PROVIDED, HOW�VER, if Principal shail fail so to repai�� or reconstruct a�ry timely naticed defective Wark, ik is agreed that the Developer or City may cause any and all s�ch defective Work to be repaired and/o�� reconstructed witki ail associated costs thereof being bo�•ne by the PE•incipal and ti�e Surety under tliis Maintenance Bond; a�td YROVID�D FURTHER, that if any legal actian be filed on this Bond, venue shall lie in Tarrant County, Texas a�• the Ui�ited States District Court fo�• the No�•thern District of Texas, �`o►�t Wo��h Division; and PROVIDLD �'URTH�R, that this obligatio�� sE�►all �e continttous in nat��e and suceessive i�ecove�•ies �nay be had hereon far s��ccessive bE•eaches. i 2 3 4 S 6 7 8 9 10 11 12 13 1 �4 IS I6 17 i8 19 20 21 22 23 24 cr�r�r or roRr wox�� i STAN�ARD CITY CONRl7'IONS — D�VE[.DI'�R AWARD�D PROJECTS Ret+ised lanuary 31, 2012 BLUE I.ft('rOON Dli&'�3,i�1fID.fJN CP11' 10323f McMalzan Contracting, LP 006219-3 MAINT�NANCE BOND Page 3 af 3 1 IN WITN�SS WH�I�O�, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly aukhorized agents and officeE�s on tf�is the �� day of 3 , 20�.. 5 6 7 8 9 ]0 11 12 13 14 15 16 l7 18 �� 2Q 2! 22 23 24 25 26 27 28 29 30 31 32 33 3�l 35 3b A"FTEST: c { ~ , (Principal) ecretary _�� Witness a ta Principal ATT�S`T': �� (S urety) 5ecreta�y �� L� WIi1105S aS i0 S'U!'�i}` ��shkie Alkins, �ond Account �tansger PRINCIPAL: McMahoE� Contracti�ig, LP � = �- �"a� _ _ — --- ^_� BY: � �-�- - _ —��.� Signati�re SCOTT CUMMNGS, PR�SID�NT Name and Title Address: 3019 Roy Orr Blvd G�•and P��airie, TX 75050 SURETY: Westfiel {�s f�ance Cotn an r f � � i BY: i j ; � I Si n � iii•e � � . .Tade Po��ter, Attorney-in-Fact N�me and T�tle Address: 2255 Rid�e Road, 5��ite 333 _ Rockwall, TX 75087 Telephone Number: (972) 772-72i0 37 *Nate 38 39 40 41 Cya If signed by an officer of the Surety Carnpany, there must be on fife a ce3•tified extra�t fi�am the by-kaws shawi�ig that this ��erson has authority to sign such obli�atian. if S�u•ety's physical address is different fi�o�n its mailing address, both must be provideci. The date af the bond shall izot ba pi•io�' to the date tlfe Contract is awartled. CITY OP F�RT WbRTtI STAt�fDA1tD CITY CONDIT[ON5 — DEViiI,OPER AWAR�ED k'ROIECTS Revised 7anuary 3l, 2012 BLUE L�fG001�'DRE.�d�fAl)!JA' CPN I03231 McMahon Contracting, LP General Power of Attorney C�RTIFIED COPY POWER N0. 422U012 14 Westfield lnsurance Co. Westf�eld National Insurance Co. Ohio Farmers Insurance Co. WestField Center, Ohio Know Afl Men by These Presenis, That WESTFlELD INSURANCE COMPANY, WESTFEELD NATIONAL INSi�RANCE COMPAI�Y and OH10 FAF2MER5 INSURANCE CDMPANY, corporaEions, hereinaiter referred €o individually as a"Company" and colfectivEly as "Cornpar�ies," duiy organized anci existing under the Iaws o# the 5tata of Ohia, and having its principal office in Wesifield Center, iNedina County, dhio, do by these presents make, constitute anci appoint TONY F[ERRO, JOHNNY INOSS, JAY JOfti}AN, MISTI� B�CK, J�REMY BARN�Ti, .)AtiE PORTER, ROBERT G. KANUTH, JARRETT Wll.I.SON, JACK NOTTINGHAM, J�INTLY OR SEVERALLY oP ROCi(WALL and Sfate of TX its true and lawfu[ Attarney(s)-in-Fact, with fu11 power and authorily hereby conferred in its narrse, place and stead, to execute, acknowledge and deliver any and all bonds, recognixances, undertakings, or other instruments or contracts of suretyshi�r. . . . - - - - - - - - - - - • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMl7Ai10lU: THIS POW�R 0� A7i0RlV�Y GANN07 B� USED TO ExECUTE NOTE GUARANTEE, MORTGAGE DEFICI�lUCY, MORTGAGE �T1R�, [}R BANK D�POSITORY BONDS. and to binct any of Ihe Companies thereby as fully and to the same extent as if such bonds were signed by the PresidenE, sealed with the corporate seal oF the applicab[e Company and duEy attested by its Secretary, hereby ratifying and con(irming all that Ehe said Attorney(s}-in-Fact rrEay do in the premises. 5aid appointmenE is made under and by authority of the following resalution adopted by the 8oard of [7irectors of each of tE�e WESTFIELD INSURANCE COMPANY, 1NESTFkELD 1VATIdNAL INSURANC� COMPANY and OHIO FARMERS 4N5i3RAiVCE CONiPANY: "8e !t Resolved, that the President, any Seninr Executive, any 5ecretary or any Fid�lity & Surety Operations Executive or other Executive shall be anc[ is hereby vested with full power and authority to appoint any one or more suitable persons as Attarney(s)-in-Fact to represent and act For and on behalf of the Company subject to the following provEsions: The Attnrney-rn-Fact. may be given fiull pawer and au[hority €or and in the name of and on behalf oF the Company, ta execute, acEcnowledge and de[iver, any and al! bonds, recognizances, con€racts, agreements of indernnity and ather conditional or ol�figatory undercakings and any and all notices and documents canceling or term'snating the Company's liability thereunder, and any such instruments sa exeeuted by any such Atiomey-in-Faci shali be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resalved, Ihat the signature of any such designat�d person and Ehe seal of the Company heretofiore or hereafter affixed to any power af aEtorney ot- any certificate relating thereto h� facsimile, and any power of atEorney or cerEificate bearing Facsirttile signatures ar #acsimile s�al sha11 be valid and 6inding upon the Company w�th respect to any bond or undertaicing to which i! is attached." (Each adopted at a meeting held on February 8, 2000). !n riVimess Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELR NATIONAI. INSURANCE COMPAIVY and OtilO FARMERS INSi3RANC� CaMPANY have caused these presenfs to be signed by their Nakiona! Surety Learfer and Senior �xecutive and their corporate seals [a be hereto affixed this 02nd day of JANUARY A.p., 2020 , , ,Mu��N114i4�1j �1�f51�l�i�� flff Corporate �,,•aa��,��.,y . ,,,+;��q�� , � '��p°�'��•�,, WEST�IELD INSURANCE COMPANY SeaEs ��,•."••••...,�'�'`c� ,'`��a�,•.�•••.•.NsG•,. ,r� ""�i'' WESTFIEI.Q NATIE}NAL 1l�SURANCE COMPANY A€fixed��s "�" '�[+ �`Q•' '•�''• $g��' �� ''�t^ � Q}-11Q �ARMERS INSURANC� COMPANY � � � �7�k�.� '� � N�;. �F�I .9� , ; `.:: �H1►RTFREp :�� )*{ - �_LL--- u�� '�► _'' : .r � : m ' ' �' " �,,({ _ r.. . �,'�``'.,,,'a°',,,,�� :�,, . :'p:� =�b¢.,164�'3: A�� • ��jj r .n �...yyy •.M I .l �^ �� y� � '�.r.�. I•� � � ��.r��'� : �4111N1m"� ��ll * , ��,`,, ,/'��Il111111�1��,` i / f�1��1�4�� 5tate of Oi�io Sy: ` Caunty of Medina ss.: Gary W. tumper, Nationa Surety Leader and Senror Executrve On this 02nd day of 1ANUARY A.D., 2020 , before me persBnally came Ga�'y W. Siumpef to me known, who, being by ms duly sworn, ciid depose and say, that he res'sdes in Hartford, CT; that he is Natiana[ Surety Leader and Senior Executive of WESTFIELI7 i1�5uRANC� CbMPANY, WESTFIELD NATiONAL IN5URANGE CQMPANY and OHIO FARMERS (NSURAiVCE COMPANY, the comganies described in and which executed the above instrurr�ent; that he knows the seals of saicE Companies; that the seals affixed io said instrument are such corporale seals; that they were so afFixed by order of ihe Boards of �irectors of said Companies; and that he signed his name thereto by like order. NOlB f I81 , `��i�.Ennun�� 5ea1 ,��alA� S4 Affixed ,�Q. F�"` � F `��i% j ,. � State of ohio �, l�'� � David A. Kotnik, Attorne ai Law, Notar Pu61ic � �. ; N►�n Y Y Counry of Medina ss.: z q d�,. My Commissian �oes Nai Expire (5ec. 141.03 flhio ftevised Code) ,T� O � �,,.�`'�' l, Frank A. Carrina, 5ecreiary of WESTFIEL[� INSLtRA�4CE COMPANY, WESTFIEL� NAT101VAL INSURANCE COMPANY and �MIO FARMERS INSURANCE COMPANY, do here6y certiFy that the above and foregoing is a lrue and correct copy of a Power of Attorney, executed 6y said Companies, which is stil! in full force and effect; and furtherrr�ore, the resolu€ions of [he Boards of bireclors, set out in the Power oF Attorney are in full force and eFfect, !n Witness Whereof, I ha�e hereunto set my hand and a(fixed the sea[s oi said Co;npanies at Wes€#ield Center, Oh'so, this day oF A.a.. , �o�a$ilIIR!/�,�` � ` F �vi '� �[► �� s �i'L, /'SPa r��s� �'a '••.�....r`' .s ,�.��t��,.,�,,, ',Q �.��nNFl� ��G . ; �~� ,•, ;�� % ; � SEAL .Q: '��pin un�d��`�`. , � �r��_ �� ARTEAfp,�� /� ' % { scc�erary 1�4� .=s �, •+'�o!-� Frank A. Carrino, Secretary [3i�0AC2 ;cornbined} (06-02) CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTIO N CONTRACT CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definition s and Terminology .......................................................................................................... 1 1.01 Define d Terms............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 6 Article 2 – Preliminar y Matters ......................................................................................................................... 7 2.01 Copie s of Documents .................................................................................................................... 7 2.02 Commencement of Contrac t Time; Notic e to Proceed ................................................................ 7 2.03 Starting the Work .......................................................................................................................... 8 2.04 Before Starting Construction ........................................................................................................ 8 2.05 Preconstruction Conferenc e .......................................................................................................... 8 2.06 Public Meeting .............................................................................................................................. 8 2.07 Initia l Acceptance of Schedules.................................................................................................... 8 Article 3 – Contrac t Documents : Intent, Amending, Reus e ............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards...................................................................................................................... 9 3.03 Reporting and Resolvin g Discrepancies....................................................................................... 9 3.04 Amending and Supple mentin g Contrac t Documents ................................................................. 10 3.05 Reus e of Documents ................................................................................................................... 10 3.06 Electronic Data ............................................................................................................................ 11 Article 4 – Availabilit y of Lands ; Subsurfac e and Physica l Conditions ; Hazardous Environmental Conditions ; Referenc e Points........................................................................................................... 11 4.01 Availabilit y of Lands .................................................................................................................. 11 4.02 Subsurfac e and Physica l Conditions .......................................................................................... 12 4.03 Differing Subsurfac e or Physica l Conditions ............................................................................. 12 4.04 Underground Facilitie s ............................................................................................................... 13 4.05 Reference Points ......................................................................................................................... 14 4.06 Hazardous Environmenta l Condition at Sit e .............................................................................. 14 Article 5 – Bonds and Insuranc e ..................................................................................................................... 16 5.01 Licensed Suretie s and Insurers ................................................................................................... 16 5.02 Performance, Payment , and Maintenanc e Bonds....................................................................... 16 5.03 Certificates of Insuranc e ............................................................................................................. 16 5.04 Contractor’s Insuranc e ................................................................................................................ 18 5.05 Acceptance of Bonds and Insurance ; Optio n to Replace ........................................................... 19 Article 6 – Contractor’s Responsibilitie s ........................................................................................................ 19 6.01 Supervision and Superintendenc e ............................................................................................... 19 CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 6.02 Labor ; Working Hours ................................................................................................................ 20 6.03 Services, Materials, and Equipment ........................................................................................... 20 6.04 Projec t Schedule.......................................................................................................................... 21 6.05 Substitute s and “Or -Equals ” ....................................................................................................... 21 6.06 Concerning Subcontractors , Suppliers , and Others.................................................................... 24 6.07 Wage Rate s.................................................................................................................................. 25 6.08 Patent Fee s and Royaltie s ........................................................................................................... 26 6.09 Permit s and Utilitie s .................................................................................................................... 27 6.10 Laws and Regulations ................................................................................................................. 27 6.11 Taxe s ........................................................................................................................................... 28 6.12 Use of Sit e and Othe r Area s ....................................................................................................... 28 6.13 Record Documents ...................................................................................................................... 29 6.14 Safety and Protection .................................................................................................................. 29 6.15 Safety Representative.................................................................................................................. 30 6.16 Hazard Communicatio n Progra ms ............................................................................................. 30 6.17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals .................................................................................................................................... 31 6.19 Continuing the Wor k................................................................................................................... 32 6.20 Contractor’s General Warranty and Guarante e .......................................................................... 32 6.21 Indemnificatio n ......................................................................................................................... 33 6.22 Delegation of Professiona l Design Services .............................................................................. 34 6.23 Righ t to Audit.............................................................................................................................. 34 6.24 Nondiscriminatio n....................................................................................................................... 35 Article 7 – Othe r Wor k at the Sit e ................................................................................................................... 35 7.01 Related Wor k at Sit e ................................................................................................................... 35 7.02 Coordination................................................................................................................................ 36 Article 8 – City’s Responsibilitie s................................................................................................................... 36 8.01 Communications to Contractor ................................................................................................... 36 8.02 Furnis h Data ................................................................................................................................ 36 8.03 Pay Whe n Due ............................................................................................................................ 36 8.04 Lands and Ease ments ; Report s and Tests................................................................................... 36 8.05 Change Orders............................................................................................................................. 36 8.06 Inspections , Tests , and Approvals .............................................................................................. 36 8.07 Limitation s on Cit y’s Responsibilitie s ....................................................................................... 37 8.08 Undisclose d Hazardous Environmenta l Condition .................................................................... 37 8.09 Complianc e wit h Safety Progra m ............................................................................................... 37 Article 9 – City’s Observation Status Durin g Construction ........................................................................... 37 9.01 City’s Projec t Manager ……...................................................................................................... 37 9.02 Visit s to Sit e ................................................................................................................................ 37 9.03 Authorize d Variation s in Wor k .................................................................................................. 38 9.04 Rejecting Defective Work .......................................................................................................... 38 9.05 Determination s for Work Performed .......................................................................................... 38 9.06 Decision s on Require ments of Contrac t Documents and Acceptability of Work ..................... 38 CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 Article 10 – Change s in the Work; Claims; Extra Wor k ................................................................................ 38 10.01 Authorize d Change s in the Wor k ............................................................................................... 38 10.02 Unauthorize d Change s in the Wor k ........................................................................................... 39 10.03 Execution of Change Order s....................................................................................................... 39 10.04 Extra Work .................................................................................................................................. 39 10.05 Notificatio n to Surety .................................................................................................................. 39 10.06 Contrac t Claims Process ............................................................................................................. 40 Article 11 – Cos t of the Work; Allowances; Unit Pric e Work; Plan s Quantity Measurement...................... 41 11.01 Cos t of the Work ......................................................................................................................... 41 11.02 Allowance s .................................................................................................................................. 43 11.03 Unit Pric e Wor k .......................................................................................................................... 44 11.04 Plan s Quantity Measurement ...................................................................................................... 45 Article 12 – Change of Contrac t P rice ; Change of Contrac t Time ................................................................. 46 12.01 Change of Contrac t Pric e ............................................................................................................ 46 12.02 Change of Contrac t Time............................................................................................................ 47 12.03 Delays .......................................................................................................................................... 47 Article 13 – Tests and Inspections ; Correction, Remova l or Acceptance of Defective Wor k ...................... 48 13.01 Notic e of Defects ........................................................................................................................ 48 13.02 Access to Wor k ........................................................................................................................... 48 13.03 Tests and Inspections .................................................................................................................. 48 13.04 Uncovering Wor k........................................................................................................................ 49 13.05 Cit y Ma y Stop the Wor k ............................................................................................................. 49 13.06 Correction or Remova l of Defective Work ................................................................................ 50 13.07 Correction Perio d ........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 Cit y Ma y Correct Defective Wor k ............................................................................................. 51 Article 14 – Payments to Contractor and Completio n .................................................................................... 52 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progres s Payments ...................................................................................................................... 52 14.03 Contractor’s Warranty of Title ................................................................................................... 54 14.04 Partia l Utilizatio n ........................................................................................................................ 55 14.05 Fina l Inspection ........................................................................................................................... 55 14.06 Fina l Acceptance ......................................................................................................................... 55 14.07 Fina l Payment.............................................................................................................................. 56 14.08 Fina l Completio n Delayed and Partia l Retainage Release ........................................................ 56 14.09 Waive r of Claims ........................................................................................................................ 57 Article 15 – Suspension of Wor k and Terminatio n ........................................................................................ 57 15.01 Cit y Ma y Suspend Work............................................................................................................. 57 15.02 Cit y Ma y Terminat e for Caus e ................................................................................................... 58 15.03 Cit y Ma y Terminat e For Convenienc e ....................................................................................... 60 Article 16 – Dispute Resolutio n ...................................................................................................................... 61 16.01 Methods and Procedure s ............................................................................................................. 61 CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 Article 17 – Miscellaneous .............................................................................................................................. 62 17.01 Givin g Notic e .............................................................................................................................. 62 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulativ e Remedie s ................................................................................................................. 62 17.04 Surviva l of Obligation s ............................................................................................................... 63 17.05 Headings ...................................................................................................................................... 63 CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 1 of 63 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Whereve r use d in thes e General Conditions or in othe r Contrac t Documents , the terms listed belo w have the meanings indicate d whic h are applicable to both the singula r and plura l thereof, and words denoting gende r shall includ e the masculine , feminin e and neuter . Said terms are generally capitalize d or writte n in italics , but not always. Whe n use d in a context consistent with the definitio n of a listed -define d term, the term shall have a meaning as define d belo w whether capitalize d or italicize d or otherwise . In additio n to terms specifically de fined , terms wit h initial capital letters in the Contrac t Documents includ e references to identifie d article s and paragraphs, and the title s of othe r documents or forms. 1. Addenda—Written or graphic instru ments issued prior to the opening of Bid s whic h clarify, correct, or change the Biddin g Require ments or the propose d Contrac t Documents. 2. Agreement—The written instru ment whic h is evidenc e of the agreement between Cit y and Contractor covering the Work. 3. Applicatio n for Payment—The for m acceptable to Cit y whic h is to be use d by Contractor during the cours e of the Wor k in requesting progres s or fina l payments and whic h is to be accompanie d by suc h supporting documentation as is require d by the Contrac t Documents. 4. Asbestos—Any material tha t contains mor e tha n one percent asbestos and is friable or is releasing asbestos fiber s int o the air above current action levels establishe d by the United States Occupationa l Safety and Health Administration. 5. Award – Authorization by the Cit y Council for the Cit y to ente r int o an Agree ment. 6. Bid —The offer or proposa l of a Bidde r submitte d on the prescribe d form setting forth the price s for the Work to be performed. 7. Bidder —The individua l or entit y who submit s a Bid directly to City. 8. Biddin g Documents—The Biddin g Require ments and the propose d Contrac t Documents (includin g all Addenda). 9. Biddin g Requirements—The advertise ment or Invitatio n to Bid , Instructions to Bidders , Bid security of acceptable for m, if any, and the Bid For m wit h any supple ments. 10. Business Day – A busines s da y is define d as a da y tha t the Cit y conducts nor mal business, generally Monda y through Friday , except for federal or state holidays observe d by the City. 11. Calendar Day – A da y consistin g of 24 hour s measured from midnight to the next midnight. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 2 of 63 12. Change Order—A document, whic h is prepare d and approve d by the City , whic h is signed by Contractor and Cit y and authorize s an addition, deletion , or revisio n in the Wor k or an adjustment in the Contrac t Pric e or the Contract Time, issued on or afte r the Effective Date of the Agree ment. 13. City— The Cit y of For t Worth, Texas, a home -rule municipa l corporation, authorize d and chartered unde r the Texa s State Statutes, acting by it s governing body through it s City Manager, his designee , or agents authorize d unde r his behalf , each of whic h is require d by Charter to perfor m specific dutie s wit h responsibilit y for fina l enforce ment of the contracts involvin g the Cit y of For t Worth is by Charter veste d in the Cit y Manage r and is the entity wit h whom Contractor ha s entered int o the Agree ment and for whom the Wor k is to be performed. 14. City Attorne y – The officially appointe d Cit y Attorne y of the Cit y of For t Worth, Texas, or his duly authorize d representative. 15. City Council - The duly elected and qualifie d gover nin g body of the Cit y of For t Worth, Texas. 16. City Manager – The officially appointe d and authorized Cit y Manage r of the Cit y of Fort Worth, Texas, or his duly authorize d representative. 17. Contract Claim—A de mand or assertion by Cit y or Contractor seeking an adjustment of Contrac t Pric e or Contrac t Time, or both, or othe r relie f wit h respect to the terms of the Contract. A de mand for mone y or services by a thir d party is not a Contrac t Claim. 18. Contract—The entir e and integrate d written docume nt between the Cit y and Contractor concerning the Work. The Contrac t contains the Agree ment and all Contrac t Documents and supersede s prio r negotiations , representations , or agreements , whethe r writte n or oral. 19. Contract Documents—Thos e ite ms so designate d in the Agree ment. All ite ms liste d in the Agree ment are Contrac t Documents . Approve d Submittals , othe r Contractor submittals , and the reports and drawings of subsurfac e and physica l conditions are not Contrac t Documents. 20. Contract Price —The moneys payable by Cit y to Contractor for completio n of the Wor k in accordance wit h the Contrac t Documents as state d in the Agree ment (subjec t to the provisions of Paragraph 11.03 in the case of Unit Pric e Work). 21. Contract Time —The numbe r of days or the date s state d in the Agree ment to: (i) achieve Milestones , if any and (ii) complet e the Wor k so tha t it is ready for Fina l Acceptance. 22. Contractor—The individua l or entit y wit h whom Cit y ha s entered int o the Agree ment. 23. Cost o f th e Work —Se e Paragraph 11.01 of thes e General Conditions for definition. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 3 of 63 24. Damage Claims – A de mand for mone y or services arisin g from the Projec t or Sit e from a thir d party, Cit y or Contractor exclusiv e of a Contrac t Claim. 25. Day or da y – A day, unles s otherwis e defined, shall mean a Calenda r Day. 26. Directo r o f Aviatio n – The officially appointe d Director of the Aviatio n Department of the Cit y of For t Worth, Texas, or his duly appointe d representative, assistant, or agents. 27. Directo r of Park s and Community Services – The officially appointe d Director of the Parks and Community Services Department of the Cit y of For t Worth, Texas, or his duly appointed representative, assistant, or agents . 28. Directo r of Planning and Development – The officially appointe d Director of the Planning and Development Department of the Cit y of For t Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Directo r o f Transportation Public Work s – The officially appointe d Director of the Transportation Public Works Department of the Cit y of For t Worth, Texas, or his duly appointe d representative, assistant, or agents. 30. Directo r o f Wate r Departmen t – The officially appointe d Director of the Water Department of the Cit y of Fort Worth, Texas, or his duly appointe d representative, assistant, or agents. 31. Drawings—Tha t par t of the Contrac t Documents prepare d or approve d by Enginee r which graphically show s the scope , extent, and character of the Wor k to be performed by Contractor . Submittals are not Drawings as so de fined. 32. Effectiv e Date of th e Agreement—The date indicate d in the Agree ment on whic h it becomes effective, but if no suc h date is indicated, it means the date on whic h the Agree ment is signed and delivere d by the las t of the two partie s to sig n and deliver. 33. Engineer—The license d professiona l enginee r or engineerin g fir m registered in the State of Texa s perfor min g professiona l services for the City. 34. Extra Wor k – Additiona l wor k made necessary by change s or alterations of the Contract Documents or of quantitie s or for othe r reasons for whic h no price s are provide d in the Contrac t Documents . Extra work shall be par t of the Work. 35. Field Order — A writte n orde r issued by Cit y whic h require s change s in the Wor k but which doe s not involve a change in the Contrac t Price , Contrac t Time, or the inten t of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 36. Fina l Acceptance – The writte n notic e give n by the Cit y to the Contractor tha t the Work specifie d in the Contrac t Documents ha s bee n complete d to the satisfaction of the City. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 4 of 63 37. Fina l Inspectio n – Inspection carrie d out by the Cit y to verif y tha t the Contractor has complete d the Work, and each and every part or appurtenanc e thereof, fully , entirely , and in conformanc e wit h the Contrac t Documents. 38. General Requirements—Sections of Divisio n 1 of the Contrac t Documents. 39. Hazardou s Environmental Condition—The presenc e at the Sit e of Asbestos, PCBs, Petroleum, Hazardous Waste , Radioactive Material, or othe r materials in suc h quantitie s or circumstances tha t may present a substantia l dange r to persons or property expose d thereto. 40. Hazardous Waste —Hazardous waste is define d as any solid waste liste d as hazardous or possesses one or more hazardous characteristics as define d in the federa l waste regulations, as amende d from time to time. 41. Laws and Regulations—Any and all applicable laws , rules , regulations , ordinances , codes, and order s of any and all governmenta l bodie s, agencies, authorities , and courts having jurisdiction. 42. Liens —Charges , security interests, or encumbrances upon Projec t funds , rea l property, or persona l property. 43. Major Item – An Ite m of wor k include d in the Contract Documents tha t ha s a total cos t equal to or greater tha n 5% of the origina l Contrac t Pric e or $25,000 whicheve r is less. 44. Milestone—A principa l event specifie d in the Contrac t Documents relatin g to an inter mediate Contrac t Time prio r to Fina l Acceptance of the Work. 45. Notice o f Award —The writte n notic e by Cit y to the Successful Bidde r stating tha t upon timely complianc e by the Successful Bidde r wit h the conditions precedent liste d therein, City will sig n and delive r the Agree ment. 46. Notic e to Proceed—A writte n notic e give n by Cit y to Contractor fixin g the date on whic h the Contrac t Time will commenc e to run and on whic h Contractor shall start to per form the Wor k specifie d in Contrac t Documents. 47. PCBs—Polychlorinate d biphenyls. 48. Petroleum—Petroleum, includin g crude oil or any frac tio n thereof whic h is liquid a t standard conditions of temperatur e and pressure (60 degree s Fahrenheit and 14.7 pounds pe r square inc h absolute), suc h as oil, petroleum, fue l oil, oil sludge , oil refuse , gasoline , kerosene , and oil mixe d wit h othe r non-Hazardous Waste and crude oils. 49. Plan s – Se e definitio n of Drawings. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 5 of 63 50. Projec t Schedule—A schedule , prepare d and maintaine d by Contractor , in accordance with the General Require ments , describin g the sequenc e and duration of the activitie s comprising the Contractor’s pla n to accomplis h the Wor k within the Contrac t Time. 51. Project—The Wor k to be perfor med unde r the Contrac t Documents. 52. Project Manager—The authorize d representative of the Cit y who will be assigne d to the Site. 53. Public Meetin g – An announce d meeting conducte d by the Cit y to facilitat e public participatio n and to assist the public in gainin g an infor med vie w of the Project. 54. Radioactive Material—Source , special nuclear, or byproduc t material as define d by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amende d from time to time. 55. Regula r Working Hour s – Hours beginning at 7:0 0 a.m. and ending at 6:0 0 p.m., Monday thr u Frida y (excluding lega l holidays). 56. Samples—Physica l exa mple s of materials, equipment, or workmanship tha t are representative of some portion of the Work and whic h establis h the standards by whic h such portion of the Work will be judged. 57. Schedule o f Submittals—A schedule , prepare d and maintaine d by Contractor, of required submittals and the time require ments to support schedule d perfor manc e of related construction activities. 58. Schedule o f Values—A schedule , prepare d and maintaine d by Contractor , allocatin g portions of the Contrac t Pric e to various portions of the Wor k and use d as the basis for reviewing Contractor’s Application s for Payment. 59. Site —Lands or areas indicate d in the Contrac t Documents as bein g furnishe d by Cit y upon whic h the Work is to be perfor med, includin g rights -of-way, permits , and easements for access thereto, and suc h othe r land s furnishe d by Cit y whic h are designate d for the us e of Contractor. 60. Specifications—Tha t par t of the Contrac t Documents consistin g of writte n require ments for materials, equipment, systems, standards a nd workmanship a s applie d to the Work, and certain administrativ e require ments and procedura l matters applicable thereto. Specifications may be specifically made a part of the Contrac t Documents by attachment or , if not attached, may be incorporate d by reference as indicate d in the Table of Contents (Divisio n 00 00 00) of each Project. 61. Subcontractor—An individua l or entit y having a direc t contrac t wit h Contractor or wit h any othe r Subcontractor for the perfor manc e of a part of the Work at the Site. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 6 of 63 62. Submittals—All drawings , diagra ms, illustrations , schedules , and othe r dat a or in for mation whic h are specifically prepare d or assemble d by or for Contractor and submitte d by Contractor to illustrat e some portion of the Work. 63. Substantial Completion – The stage in the progress of the Project when the Work is sufficiently complete in accordance with the Contract Documents for Final Inspection. 64. Successful Bidder—The Bidde r submittin g the lowes t and mos t responsive Bid to whom City make s an Award. 65. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the Cit y and to act for the Contractor. 66. Supplementary Conditions—Tha t part of the Contrac t Documents whic h amends or supple ments thes e General Conditions. 67. Supplier—A manufacturer, fabricator, supplier , dis tributor , materialman, or vendor having a direc t contrac t wit h Contractor or wit h any Subcontractor to furnis h materials or equipment to be incorporate d in the Wor k by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines , conduits , ducts , cables, wires, manholes , vaults , tanks , tunnels , or othe r suc h facilitie s or attachments , and any encasements containing suc h facilities , includin g but not limit ed to, thos e tha t conve y electricity, gases, steam, liquid petroleum products , telephone or othe r communications , cable television, water, wastewater, stor m water, othe r liquid s or che micals , or traffic or othe r control systems. 69 Unit Pric e Work —Se e Paragraph 11.03 of thes e General Conditions for definition. 70. Weekend Working Hour s – Hour s beginning at 9:0 0 a.m. and ending at 5:0 0 p.m., Saturday, Sunda y or lega l holiday, as approve d in advanc e by the City. 71. Work —The entir e construction or the various separately identifiable parts thereof require d to be provide d unde r the Contrac t Documents . Wor k include s and is the result of perfor min g or providing all labor, services, and documentation necessary to produc e suc h construction includin g any Change Orde r or Field Order , and furnishing, installing , and incorporating all materials and equipment int o suc h construction, all as require d by the Contrac t Documents. 72. Workin g Day – A working da y is define d as a day, not includin g Saturdays , Sundays , or legal holidays authorize d by the Cit y for contrac t purposes , in whic h weather or othe r conditions not unde r the control of the Contractor will permit the performanc e of the principa l unit of work underwa y for a continuous perio d of not les s tha n 7 hour s between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not define d but, whe n use d in the Biddin g Require ments or Contrac t Documents , have the indicate d meaning. B. Inten t o f Certai n Terms or Adjectives: CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 7 of 63 1. The Contrac t Documents includ e the terms “a s allowed,” “a s approved,” “a s ordered,” “as directed” or terms of lik e effect or import to authorize an exercise of judgment by City . In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of lik e effect or impor t are use d to describ e an action or determinatio n of Cit y as to the Work. It is intende d tha t suc h exercise of professiona l judgment, action, or determination will be solely to evaluate, in general, the Work for complianc e wit h the in formatio n in the Contrac t Documents and wit h the desig n conce pt of the Projec t a s a functioning whole as show n or indicate d in the Contrac t Documents (unles s ther e is a specific statement indicating otherwise). C. Defective: 1. The wor d “defective,” whe n modifying the word “Work,” refers to Work tha t is unsatis factory, faulty , or de ficien t in tha t it: a. doe s not conform to the Contrac t Documents ; or b. doe s not meet the require ments of any applica ble inspection, referenc e standard, test, or approva l referred to in the Contrac t Documents ; or c. ha s bee n da mage d prio r to City’s written acceptance. D. Furnish , Install, Perform, Provide: 1. The wor d “Furnish” or the word “Install” or the wor d “Perform” or the wor d “Provide ” or the wor d “Supply,” or any combinatio n or simila r directiv e or usage thereof , shall mean furnishing and incorporating in the Wor k includin g all necessary labor, materials, equipment, and everything necessary to perfor m the Wor k indicated, unles s specifically limite d in the context used. E. Unles s state d otherwis e in the Contrac t Docume nts , words or phrase s tha t have a well-known technical or construction industr y or trade meaning are use d in the Contrac t Documents in accordance wit h suc h recognize d meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Copies of Documents Cit y shall furnis h to Contractor one (1) origina l executed copy and one (1) electronic copy of the Contrac t Documents , and four (4) additiona l copies of the Drawings . Additiona l copie s will be furnishe d upon reques t at the cos t of reproduction. 2.02 Commencement of Contract Time ; Notic e to Proceed The Contrac t Time will commenc e to run on the da y indicate d in the Notic e to Proceed. A Notic e to Proceed may be give n no earlier than 14 days afte r the Effective Date of the Agree ment, unless agreed to by both parties in writing. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 8 of 63 2.03 Startin g th e Work Contractor shall start to perform the Wor k on the date whe n the Contrac t Time commences to run. No Wor k shall be done at the Sit e prio r to the date on whic h the Contrac t Time commences to run. 2.04 Before Startin g Construction Baselin e Schedules: Submit in accordance wit h the Contrac t Documents , and prio r to starting the Work. 2.05 Preconstruction Conference Befor e any Wor k at the Sit e is started, the Contractor shall attend a Preconstruction Conferenc e as specifie d in the Contrac t Documents. 2.06 Public Meeting Contractor may not mobiliz e any equipment, materials or resource s to the Sit e prio r to Contractor attending the Public Meeting as schedule d by the City. 2.07 Initia l Acceptance o f Schedules No progres s payment shall be made to Contractor until acceptable schedule s are submitte d to Cit y in accordance wit h the Schedule Specification a s provide d in the Contrac t Documents. ARTICLE 3 – CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE 3.01 Intent A. The Contrac t Documents are comple mentary; wha t is require d by one is as binding as if required by all. B. It is the inten t of the Contrac t Documents to describe a functionally complet e projec t (or part thereof) to be constructe d in accordance wit h the Contrac t Documents . Any labor, documentation , services, materials, or equipment tha t reasonably may be inferred from the Contrac t Documents or from prevailin g custom or trade usage as bein g require d to produc e the indicate d result will be provide d whethe r or not specifically calle d for , at no additiona l cos t to City. C. Clarification s and interpretations of the Contrac t Documents shall be issued by City. D. The Specifications ma y var y in for m, format and style . Some Specification sections may be written in varying degree s of strea mline d or declarative style and some sections ma y be relatively narrative by comparison. Omissio n of such words and phrase s as “the Contractor shall,” “in confor mit y with,” “a s shown,” or “a s specified ” are intentiona l in strea mlined sections . Omitte d words and phrase s shall be supplie d by inference. Simila r type s of provisions may appea r in various parts of a section or article s within a part depending on the format of the CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 9 of 63 section. The Contractor shall not take advantage of any variatio n of for m, format or style in makin g Contrac t Claims. E. The cros s referencing of specification sections unde r the subparagraph heading “Related Sections includ e but are not necessarily limite d to:” and elsewhere within each Specification section is provide d as an aid and convenienc e to the Contractor . The Contractor shall not rely on the cros s referencing provide d and shall be responsible to coordinate the entir e Wor k unde r the Contrac t Documents and provide a complet e Projec t whethe r or not the cros s referencing is provide d in each section or whethe r or not the cros s referencing is complete. 3.02 Reference Standards A. Standards , Specifications, Codes , Laws, and Regulations 1. Reference to standards , specifications, manuals , or code s of any technical society, organization , or association, or to Laws or Regulations , whethe r suc h 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 Bid s (or on the Effective Date of the Agree ment if there were no Bids), except as may be otherwis e specifically state d in the Contrac t Documents. 2. No provision of any suc h standard, specification, manual, or code , or any instructio n of a Supplier, shall be effective to change the duties or responsibilitie s of City , Contractor , or any of their subcontractors , consultants , agents , or employees , from thos e set forth in the Contract Documents . No suc h provision or instructio n shall be effective to assign to City , or any of its officers, directors , me mbers , partners , employee s, agents , consultants , or subcontractors , any duty or authority to supervis e or direc t the perfor manc e of the Wor k or any duty or authority to undertake responsibilit y inconsistent wit h the provisions of the Contrac t Documents. 3.03 Reportin g and Resolvin g Discrepancies A. Reportin g Discrepancies: 1. Contractor’s Revie w o f Contract Documents Befor e Starting Work : Before undertaking each part of the Work, Contractor shall carefully study and compar e the Contrac t Documents and check and verif y pertinent figure s therein agains t all applicable field measurements and conditions . Contractor shall promptly repor t in writin g to Cit y any conflict , error, ambiguity, or discrepanc y whic h Contractor discovers , or ha s actual knowledge of , and shall obtain a written interpretation or clarificatio n from Cit y be for e proceeding wit h any Wor k affected thereby. 2. Contractor’s Revie w o f Contract Documents Durin g Performance o f Work : If, during the perfor manc e of the Work, Contractor discover s any conflict , error, ambiguity, or discrepancy within the Contrac t Documents , or between the Contrac t Documents and (a) any applicable La w or Regulatio n , (b) any standard, specification, manual, or code , or (c) any instructio n of any Supplier, the n Contractor shall promptly report it to Cit y in writing . Contractor shall not procee d wit h the Wor k affected thereby (except in an emergenc y as require d by Paragraph CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 10 of 63 6.17.A ) until a n amendment or supple ment to the Contrac t Documents ha s bee n issued by one of the methods indicate d in Paragraph 3.04. 3. Contractor shall not be liable to Cit y for failure to report any conflict , error, ambiguity, or discrepanc y in the Contrac t Documents unles s Contractor ha d actual knowledge thereof. B. Resolvin g Discrepancies: 1. Except as may be otherwis e specifically state d in the Contrac t Documents , the provisions of the Contrac t Documents shall take precedence in resolvin g any conflict , error, ambiguity, or discrepanc y between the provisions of the Contrac t Documents and the provisions of any standard, specification, manual, or the instruction of any Supplie r (whethe r or not specifically incorporate d by reference in the Contrac t Documents). 2. In case of discrepancies, figure d dimensions shall gover n ove r scaled dimensions , Plan s shall govern ove r Specifications, Supple mentary Condition s shall govern ove r General Conditions and Specifications, and quantitie s show n on the Plan s shall gover n ove r thos e show n in the proposal. 3.04 Amendin g and Supplementing Contract Documents A. The Contrac t Documents ma y be amende d to provide for additions , deletions , and revision s in the Wor k or to modif y the terms and conditions thereof by a Change Order. B. The require ments of the Contrac t Documents ma y be supple mented, and mino r variation s and deviations in the Wor k not involvin g a change in Contrac t Pric e or Contrac t Time, may be authorized, by one or mor e of the followin g ways: 1. A Field Order; 2. City’s revie w of a Submitta l (subjec t to the provisions of Paragraph 6.18.C); or 3. City’s writte n interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplie r shall not: 1. have or acquir e any title to or ownership rights in any of the Drawings , Specifications , or othe r documents (or copie s of any thereof ) prepared by or bearing the seal of Engineer, includin g electronic media editions ; or 2. reus e any suc h Drawings , Specifications, othe r documents , or copie s thereof on extensions of the Projec t or any othe r projec t without writte n consent of Cit y and specific written verificatio n or adaptation by Engineer. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will sur viv e fina l payment, or terminatio n of the Contract. Nothing herein shall preclude Contrac tor from retainin g copie s of the Contract Documents for record purposes. 3.06 Electronic Data A. Unles s otherwis e stated in the Supple mentary Conditions , the dat a furnishe d by Cit y or Engineer to Contractor , or by Contractor to Cit y or Engineer , tha t may be relie d upon are limite d to the printe d copie s include d in the Contrac t Doc uments (als o know n as har d copies ) and other Specifications referenced and located on the City’s on-line electronic document manage ment and collaboratio n system site . File s in electronic media for mat of text, data , graphics , or othe r types are furnishe d only for the convenienc e of the receiving party. Any conclusion or informatio n obtaine d or derive d from suc h electronic files will be at the user’s sole risk . If there is a discrepanc y between the electronic file s and the hard copies , the har d copie s govern. B. Whe n transferring documents in electronic media for mat, the transferring party make s no representations as to lon g term compatibility , usability , or readabilit y of documents resulting from the us e of software applicatio n packa ges, operating systems, or compute r hardware differing from thos e use d by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL COND ITIONS ; REFERENCE POINTS 4.01 Availability of Lands A. Cit y shall furnis h the Site . Cit y shall notif y Contractor of any encumbrance s or restriction s not of genera l applicatio n but specifically related to us e of the Sit e wit h whic h Contractor mus t comply in perfor min g the Work. Cit y will obtain in a timely manne r and pa y for easements for per manent structure s or permanent change s in existin g facilities. 1. The Cit y ha s obtaine d or anticipates acquisit ion of and/or access to right-of -way, and/or easements . Any outstanding right-of -way and/or easements are anticipated to be acquire d in accordance wit h the schedule set forth in the Supple mentary Conditions . The Project Schedule submitted by the Contractor in accordanc e wit h the Contrac t Documents must conside r any outstanding right-of-way, and/or easements. 2. The Cit y ha s or anticipates re moving and/or re locatin g utilities , and obstructions to the Site. Any outstanding re mova l or relocation of utilitie s or obstructions is anticipated in accordance wit h the schedule set forth in the Supple mentary Conditions . The Projec t Schedule submitted by the Contractor in accordance wit h the Contract Documents mus t conside r any outstanding utilitie s or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable writte n request, Cit y shall furnis h Contractor wit h a current state ment of record lega l title and lega l descriptio n of the land s upon whic h the Wor k is to be perfor med. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 12 of 63 C. Contractor shall provide for all additiona l land s and access thereto tha t may be require d for construction facilitie s or storage of materials and equipment. 4.02 Subsurface an d Physical Conditions A. Reports and Drawings : The Supple mentary Conditions identify: 1. thos e reports know n to Cit y of explorations and tests of subsurfac e conditions at or contiguous to the Site ; and 2. thos e drawings know n to Cit y of physica l conditions relatin g to existin g surfac e or subsurfac e structure s at the Sit e (except Underground Facilities). B. Limite d Relianc e b y Contractor on Technical Data Authorized : Contractor may rely upon the accuracy of the “technical data ” containe d in suc h report s and drawings , but suc h reports and drawings are not Contrac t Docume nts . Suc h “technical data ” is identifie d in the Supple mentary Conditions . Contractor may not make any Contrac t Claim agains t City , or any of their officers, directors , members , partners , employees , agents , consultants , or subcontractor s wit h respect to: 1. the completeness of suc h reports and drawings for Contractor’s purposes , including , but not limite d to, any aspects of the means, methods , techniques , sequences, and procedure s of construction to be employe d by Contractor , and safety precautions and progra ms incident thereto; or 2. othe r data , interpretations , opinions , and infor matio n containe d in suc h reports or show n or indicate d in suc h drawings ; or 3. any Contractor interpretation of or conclusion draw n from any “technical data ” or any such othe r data , interpretations , opinions , or infor mation. 4.03 Differin g Subsurface o r Physica l Conditions A. Notice : If Contractor believe s tha t any subsurfac e or physica l condition tha t is uncovere d or revealed either: 1. is of suc h a natur e as to establis h tha t any “technical data ” on whic h Contractor is entitle d to rely as provide d in Paragraph 4.02 is materially inaccurate; or 2. is of suc h a natur e a s to requir e a change in the Contrac t Documents ; or 3. differs materially from tha t show n or indicate d in the Contrac t Documents ; or 4. is of a n unusua l nature , and differs materially from conditions ordinarily encountere d and generally recognize d as inherent in wor k of the character provide d for in the Contract Documents; CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 13 of 63 the n Contractor shall, promptly after becomin g aware thereof and befor e furthe r disturbing the subsurfac e or physica l conditions or performin g any Wor k in connection therewith (except in an emergenc y as require d by Paragraph 6.17.A), notif y Cit y in writin g about suc h condition. B. Possible Price and Time Adjustments Contractor shall not be entitle d to any adjustment in the Contrac t Pric e or Contrac t Time if: 1. Contractor kne w of the existenc e of suc h conditions at the time Contractor made a final commit ment to Cit y wit h respect to Contrac t Pric e and Contrac t Time by the submissio n of a Bid or becomin g bound unde r a negotiate d contract; or 2. the existenc e of suc h condition could reasonably have bee n discovere d or revealed as a result of the exa minatio n of the Contrac t Documents or the Site ; or 3. Contractor faile d to giv e the written notic e as require d by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown o r Indicated: The informatio n and data show n or indicate d in the Contrac t Documents wit h respect to existin g Underground Facilitie s at or contiguous to the Sit e is base d on infor matio n and data furnishe d to Cit y or Enginee r by the owners of suc h Underground Facilities , includin g City , or by others . Unles s it is otherwis e expressly provide d in the Supple mentar y Conditions: 1. Cit y and Enginee r shall not be responsible for the accuracy or completeness of any such infor matio n or data provide d by others ; and 2. the cos t of all of the followin g will be include d in the Contrac t Price , and Contractor shall have full responsibilit y for: a. reviewin g and checking all suc h infor matio n and data; b. locatin g all Underground Facilitie s show n or indicate d in the Contrac t Documents; c. coordination and adjustment of the Wor k wit h the owners of suc h Underground Facilities , includin g City , during construction; and d. the safety and protection of all suc h Underground Facilitie s and repairin g any da mage thereto resultin g from the Work. B. Not Shown or Indicated: 1. If an Underground Facilit y whic h conflict s wit h the Wor k is uncovere d or revealed a t or contiguous to the Sit e whic h was not show n or indicated, or not show n or indicate d with reasonable accuracy in the Contrac t Documents , Contractor shall, promptly afte r becoming aware thereof and before furthe r disturbing conditions affected thereby or perfor min g any CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 14 of 63 Work in connection therewith (except in an emergenc y as require d by Paragraph 6.17.A), identif y the owne r of suc h Underground Facilit y and giv e notic e to tha t owne r and to City. Cit y will revie w the discovere d Underground Facilit y and determin e the extent, if any, to whic h a change may be require d in the Contrac t Documents to reflect and document the consequence s of the existenc e or locatio n of the Underground Facility . Contractor shall be responsible for the safety and protection of suc h discovere d Underground Facility. 2. If Cit y conclude s tha t a change in the Contract Documents is required, a Change Orde r may be issued to reflect and document suc h consequences. 3. Verificatio n of existin g utilities , structures , and servic e line s shall includ e notificatio n of all utilit y companie s a minimum of 48 hour s in advanc e of construction includin g exploratory excavation if necessary. 4.05 Reference Points A. Cit y shall provide engineering surveys to establis h reference points for construction, whic h in City’s judgment are necessary to enable Contrac tor to procee d wit h the Work. Cit y will provide construction stake s or othe r customary method of markin g to establis h lin e and grade s for roadwa y and utilit y construction, centerlines and benchmarks for bridgework. Contractor shall protec t and preserve the establishe d reference points and property monuments , and shall make no change s or relocations . Contractor shall repor t to Cit y wheneve r any reference point or property monument is los t or destroye d or require s relocation because of necessary change s in grade s or locations . The Cit y shall be responsible for the replacement or relocation of reference points or property monument s not carelessly or willfully destroye d by the Contractor . The Contractor shall notif y Cit y in advanc e and wit h sufficien t time to avoid delays. B. Whenever, in the opinion of the City , any referenc e point or monument ha s bee n carelessly or willfull y destroyed, disturbed, or remove d by the Contractor or any of his employees , the full cos t for replacing suc h points plu s 25% will be charge d agains t the Contractor, and the full a mount will be deducte d from payment due the Contractor. 4.06 Hazardous Environmenta l Conditio n a t Site A. Reports and Drawings : The Supple mentary Conditions ide ntif y thos e report s and drawings know n to Cit y relatin g to Hazardous Environmenta l Conditions tha t have bee n identifie d at the Site. B. Limited Reliance by Contractor o n Technical Data Authorized : Contractor may rely upon the accuracy of the “technical data ” containe d in such reports and drawings , but suc h reports and drawings are not Contrac t Documents . Suc h “technical data ” is identifie d in the Supple mentary Conditions . Contractor may not make any Contrac t Claim agains t City , or any of their officers, directors , members , partners , employees , agents , consultants , or subcontractors wit h respect to: 1. the completeness of suc h reports and drawings for Contractor’s purposes , including , but not limite d to, any aspects of the means, methods , techniques , sequence s and procedure s of CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 15 of 63 construction to be employe d by Contractor and safety precautions and progra ms incident thereto; or 2. othe r data , interpretations , opinions and infor matio n containe d in suc h reports or show n or indicate d in suc h drawings ; or 3. any Contractor interpretation of or conclusion draw n from any “technical data ” or any such othe r data , interpretations , opinions or infor mation. C. Contractor shall not be responsible for a ny Hazardous Environmenta l Condition uncovere d or revealed at the Sit e whic h was not show n or indica ted in Drawings or Specification s or identif ied in the Contrac t Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmenta l Condition created wit h any materials brought to the Sit e by Contractor , Subcontractors , Suppliers , or anyone els e for whom Contractor is responsible. D. If Contractor encounter s a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmenta l Condition, Contractor shall immediately: (i) secure or otherwis e isolat e suc h condition; (ii) stop all Work in connection with suc h condition and in any area affected thereby (except in an emergenc y as require d by Paragraph 6.17.A); and (iii) notify Cit y (and promptly thereafter confirm suc h notic e in writing). Cit y may conside r the necessity to retain a qualifie d exper t to evaluate suc h condition or take corrective action, if any. E. Contractor shall not be require d to resume Wor k in connection wit h suc h condition or in any affected area until afte r Cit y ha s obtaine d any require d permit s related thereto and delivered writte n notic e to Contractor: (i) specifyin g tha t suc h condition and any affected area is or has bee n rendere d suitable for the resumptio n of Work; or (ii) specifyin g any special conditions unde r whic h suc h Work may be resumed. F. If afte r receipt of suc h writte n notic e Contractor doe s not agre e to resume suc h Work base d on a reasonable belie f it is unsafe , or doe s not agree to resume suc h Wor k unde r suc h special conditions , the n Cit y ma y orde r the portion of the Wor k tha t is in the are a affected by such condition to be deleted from the Work. Cit y may have suc h deleted portion of the Work performed by City’s ow n forces or others. G. To th e fulles t extent permitte d by Law s and Re gulations, 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 o f engineers, architects, attorneys, and other professionals and all court o r arbitratio n o r other dispute resolutio n costs) arisin g out o f o r relatin g to a Hazardous Environmental Condition created b y Contractor or b y anyone for whom Contractor is responsible. Nothin g in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual o r entity from and against th e consequences o f tha t individual’s o r entity’s own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovere d or revealed at the Site. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 16 of 63 ARTICLE 5 – BOND S AND INSURANCE 5.01 Licensed Suretie s and Insurers All bonds and insuranc e require d by the Contrac t Documents to be purchase d and maintaine d by Contractor shall be obtaine d from surety or insur anc e companie s tha t are duly license d or authorized in the State of Texa s to issue bonds or insura nce policie s for the limit s and coverage s so required. Suc h surety and insuranc e companie s shall als o meet suc h additiona l require ments and qualifications as may be provide d in the Supple mentary Conditions. 5.02 Performance, Payment, and Maintenanc e Bonds A. Contractor shall furnis h perfor manc e and payment bonds , in accordance wit h Texa s Government Code Chapte r 2253 or successor statute , each in an amount equa l to the Contrac t Pric e as security for the faithful perfor manc e and payment of all of Contractor’s obligations unde r the Contrac t Documents. B. Contractor shall furnis h maintenanc e bonds in a n amount equa l to the Contrac t Pric e as security to protec t the Cit y agains t any defects in any portion of the Wor k describe d in the Contract Documents . Maintenanc e bonds shall remain in effect for tw o (2) years a fte r the date of Final Acceptance by the City. C. All bonds shall be in the for m prescribe d by the Contrac t Document s except as provided otherwis e by Laws or Regulations , and shall be executed by suc h suretie s as are na med in the list o f “Companie s Holdin g Certificates of Authority as Acceptable Suretie s on Federal Bonds and a s Acceptable Reinsurin g Companies ” as published in Circula r 570 (amended) by the Financial Manage ment Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by a n agent or attorney-in -fac t mus t be accompa nie d by a sealed and date d powe r of attorney whic h shall show tha t it is effective on the date the agent or attorney-in -fact signe d each bond. D. If the suret y on any bond furnishe d by Contractor is declared bankrupt or becomes insolvent or it s righ t to do busines s is terminate d in the State of Texa s or it ceases to meet the require ments of Paragraph 5.02.C, Contractor shall promptly notif y Cit y and shall, within 30 days afte r the event givin g ris e to suc h notification , provide anothe r bond and surety, both of whic h shall comply wit h the require ments of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall delive r to City , wit h copie s to each additiona l insure d and los s paye e identifie d in th e Supple mentary Conditions , certificates of insura nc e (othe r evidenc e of insuranc e requested by Cit y or any othe r additiona l insured) in at least the minimum amount as specified in the Supplementary Conditions whic h Contractor is require d to purchas e and maintain. 1. The certificate of insuranc e shall document the City , and all identifie d entitie s na med in the Supple mentary Conditions as “Additiona l Insured” on all liabilit y policies. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 17 of 63 2. The Contractor’s genera l liabilit y insuranc e shall includ e a, “pe r project ” or “pe r location”, endorse ment , whic h shall be identifie d in the certificat e of insuranc e provide d to the City. 3. The certificate shall be signe d by an agent authorize d to bin d coverage on behalf of the insured , be complet e in it s entirety, and show complet e insuranc e carrier na me s as liste d in th e current A.M. Best Property & Casualty Guide 4. The insurer s for all policie s mus t be license d and/or approve d to do busines s in the State of Texas. Except for workers ’ compensation, all insurer s mus t have a minimum ratin g of A-: VII in the current A. M. Best Key Ratin g Guid e or have reasonably equivalent financial strength and solvenc y to the satisfaction of Ris k Manage ment. If the ratin g is belo w that required, written approva l of Cit y is required. 5. All applicable policie s shall includ e a Waive r of Subrogation (Rights of Recovery) in favor of the City . In addition, the Contractor agrees to waiv e all rights of subrogation agains t the Enginee r (if applicable), and each additional insure d identifie d in the Supple mentary Conditions 6. Failur e of the Cit y to de mand suc h certificates or othe r evidenc e of full complianc e wit h the insuranc e require ments or failur e of the Cit y to identif y a deficiency from evidenc e tha t is provide d shall not be construe d as a waive r of Contractor’s obligatio n to maintain suc h lines of insuranc e coverage. 7. If insuranc e policie s are not writte n for specifie d coverage limits , an Umbrella or Excess Liabilit y insuranc e for any differences is required. Excess Liabilit y shall follo w form of the primary coverage. 8. Unles s otherwis e stated, all require d insuranc e shall be written on the “occurrenc e basis”. If coverage is underwritte n on a claims-made basis , the retroactive date shall be coincident with or prio r to the date of the effective date of the agreement and the certificate of insuranc e shall state tha t the coverage is claims-made and the retroactive date . The insuranc e coverage shall be maintaine d for the duration of the Contrac t and for thre e (3) years followin g Final Acceptance provide d unde r the Contrac t Documents or for the warranty period, whicheve r is longer. An annua l certificate of insuranc e submitte d to the Cit y shall evidenc e such insuranc e coverage. 9. Policie s shall have no exclusions by endorse ments , which , neithe r nullif y or a mend, the require d line s of coverage , nor decrease the limit s of said coverage unles s suc h endorse ments are approve d in writin g by the City . In the event a Contrac t ha s bee n bid or executed and the exclusions are determine d to be unacceptable or the Cit y desire s additiona l insurance coverage , and the Cit y desire s the contractor/enginee r to obtain suc h coverage , the contract pric e shall be adjuste d by the cos t of the pre miu m for suc h additiona l coverage plu s 10%. 10. Any self -insure d retention (SIR), in excess of $25,000.00, affecting require d insurance coverage shall be approve d by the Cit y in regards to asset valu e and stockholders ' equity. In CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 18 of 63 lie u of traditiona l insurance , alternative cover age maintaine d through insuranc e pools or risk retention groups , mus t als o be approve d by City. 11. Any deductible in excess of $5,000.00, for any polic y tha t doe s not provide coverage on a first-dolla r basis , mus t be acceptable to and approve d by the City. 12. City , at it s sole discretion , reserves the righ t to revie w the insuranc e require ments and to make reasonable adjust ments to insuranc e coverage’s and their limit s whe n dee med necessary and prudent by the Cit y base d upon change s in statutory law , court decisio n or the claims histor y of the industry as well as of the contracting party to the City . The Cit y shall b e require d to provide prio r notic e of 90 days , and the insuranc e adjustments shall be incorporate d int o the Wor k by Change Order. 13. Cit y shall be entitled , upon writte n reques t and without expense , to receive copie s of policies and endorse ments thereto and may make any reasonable requests for deletio n or revisio n or modification s of particula r polic y terms, conditions , limitations , or exclusions necessary to conform the polic y and endorse ments to the require ments of the Contract. Deletions, revisions , or modification s shall not be require d where polic y provisions are establishe d by la w or regulations binding upon eithe r party or the underwrite r on any suc h policies. 14. Cit y shall not be responsible for the direct payment of insuranc e pre miu m costs for Contractor’s insurance. 5.04 Contractor’s Insurance A. Worker s Compensation and Employers’ Liability. Contractor shall purchas e and maintain such insuranc e coverage wit h limit s consistent wit h statutor y bene fit s outline d in the Texa s Workers’ Compensation Act (Texa s Labor Code , Ch. 406, as amended), and minimum limit s for Employers ’ Liabilit y as is appropriate for the Wor k bein g per formed and as will provide protection from claims set forth belo w whic h may aris e out of or result from Contractor’s performanc e of the Wor k and Contractor’s othe r obligations unde r the Contrac t Documents, whethe r it is to be perfor med by Contractor, any Subcontractor or Supplier, or by anyone directly o r indirectly employe d by any of the m to perfor m any of the Work, or by anyone for whos e acts any of the m may be liable: 1. claims unde r workers ’ compensation, disabilit y benefits , and othe r simila r employe e benefit acts; 2. claims for da mage s because of bodily injury , occupationa l sicknes s or disease, or death of Contractor’s employees. B. Commercia l General Liability . Coverage shall includ e but not be limite d to covering liability (bodily injur y or property da mage ) arisin g from: pre mises/operations , independent contractors, products/complete d operations , persona l injury , and liabilit y unde r an insure d contract. Insurance shall be provide d on an occurrenc e basis , and as comprehensive as the current Insuranc e Services Office (ISO) policy . This insuranc e shall apply a s primary insuranc e wit h respect to any other CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 19 of 63 insuranc e or self-insuranc e progra ms afforde d to the City . The Commercial General Liability policy , shall have no exclusions by endorse ments that would alte r of nullif y pre mises/operations, products/complete d operations , contractual, per sona l injury , or advertisin g injury , whic h are normally containe d wit h the policy , unles s the Cit y approve s suc h exclusions in writing. For construction projects tha t present a substa ntia l complete d operation exposure , the Cit y may require the contractor to maintain complete d operations coverage for a minimum of no les s than thre e (3) years followin g the completio n of the projec t (if identifie d in the Supple mentary Conditions). C. Automobile Liability . A commercial busines s auto polic y shall provide coverage on “any auto”, define d as autos owned, hire d and non-owne d and provide inde mnit y for claims for da mages because bodily injur y or death of any person and or property da mage arisin g out of the work, maintenanc e or us e of any motor vehicle by the Contractor , any Subcontractor or Supplier , or by anyone directly or indirectly employe d by any of the m to perform any of the Work, or by anyone for whos e acts any of the m may be liable. D. Railroa d Protectiv e Liability. If any of the wor k or any warranty wor k is within the limit s of railroa d right-of-way, the Contractor shall comply wit h the require ments identifie d in the Supple mentary Conditions. E. Notificatio n of Policy Cancellation: Contractor shall immediately notif y Cit y upon cancellation or othe r los s of insuranc e coverage . Contractor shall stop wor k until replacement insuranc e has bee n procured. Ther e shall be no time credit for days not worke d pursuant to this section. 5.05 Acceptance o f Bond s and Insurance; Option to Replace If Cit y ha s any objectio n to the coverage afforded by or othe r provisions of the bonds or insurance require d to be purchase d and maintaine d by the Contractor in accordance wit h Article 5 on the basis of non-conformanc e wit h the Contrac t Documents , the Cit y shall so notify the Contractor in writing within 10 Busines s Days after receipt of the certificates (or othe r evidenc e requested). Contractor shall provide to the Cit y suc h additiona l infor matio n in respect of insuranc e provide d as the Cit y may reasonably request. If Contractor doe s not purcha se or maintain all of the bonds and insurance require d by the Contrac t Documents , the Cit y shall notify the Contractor in writin g of suc h failure prio r to the start of the Work, or of suc h failur e to maintain prio r to any change in the required coverage. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision an d Superintendence A. Contractor shall supervise , inspect, and direc t the Wor k competently and efficiently , devoting suc h attention thereto and applying suc h skills and expertis e a s ma y be necessary to per for m the Wor k in accordance wit h the Contrac t Documents . Contractor shall be solely responsible for the means, methods , techniques , sequences, and procedure s of construction. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 20 of 63 B. At all times during the progres s of the Work, Contractor shall assign a competent, English - speaking, Superintendent who shall not be replaced without writte n notic e to City . The Superintendent will be Contractor’s representative at the Sit e and shall have authority to act on behalf of Contractor. All communicatio n give n to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the Cit y 24 hour s prio r to moving areas during the sequenc e of construction. 6.02 Labor; Workin g Hours A. Contractor shall provide competent, suitably qualifie d personne l to perfor m construction as require d by the Contrac t Documents . Contractor shall at all time s maintain good disciplin e and orde r at the Site. B. Except as otherwis e require d for the safety or protection of persons or the Work or property at the Sit e or adjacent thereto, and except as otherwise state d in the Contrac t Documents , all Work at the Sit e shall be perfor med during Regula r Working Hours . Contractor will not permit the perfor manc e of Wor k beyond Regula r Working Hours or for Weekend Working Hours without City’s writte n consent (whic h will not be unrea sonably withheld). Written reques t (by letter or electronic communication) to perfor m Work: 1. for beyond Regula r Working Hours reques t mus t be made by noon at least two (2) Business Days prior 2. for Weekend Working Hour s reques t mus t be made by noon of the preceding Thursday 3. for lega l holidays reques t mus t be made by noon two Busines s Days prio r to the legal holiday. 6.03 Services, Materials, and Equipment A. Unles s otherwis e specifie d in the Contrac t Documents , Contractor shall provide and assume full responsibilit y for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools , appliances, fuel, power, light , heat, telephone , water, sanitary facilities, te mporar y facilities , and all othe r facilitie s and incidentals necessary for the per formance, Contractor require d testing, start-up, and completio n of the Work. B. All materials and equipment incorporate d int o the Wor k shall be as specifie d or , if not specified, shall be of good qualit y and new , except as other wis e provide d in the Contrac t Documents . All special warranties and guarantee s require d by the Specifications shall expressly run to the benefit of City . If require d by City , Contractor shall furnis h satisfactory evidenc e (includin g reports of require d tests ) as to the source , kind, and qualit y of materials and equipment. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 21 of 63 C. All materials and equipment to be incorporate d into the Wor k shall be stored, applied , installed, connected, erected, protected, used, cleaned, and conditione d in accordance wit h instructions of the applicable Supplier , except as otherwis e ma y be provide d in the Contrac t Documents. D. All ite ms of standar d equipment to be incorporate d int o the Work shall be the latest mode l at the time of bid , unles s otherwis e specified. 6.04 Projec t Schedule A. Contractor shall adher e to the Projec t Schedule establishe d in accordance wit h Paragraph 2.07 and the General Require ments as it may be adjuste d from time to time as provide d below. 1. Contractor shall submit to Cit y for acceptance (to the extent indicate d in Paragraph 2.07 and the General Require ments ) propose d adjustment s in the Projec t Schedule tha t will not result in changing the Contrac t Time . Suc h adjustme nts will comply wit h any provisions of the General Require ments applicable thereto. 2. Contractor shall submit to Cit y a monthly Projec t Schedule wit h a monthly progres s payment for the duration of the Contrac t in accordance wit h the schedule specification 01 32 16. 3. Propose d adjustments in the Projec t Schedule tha t will change the Contrac t Time shall be submitted in accordance wit h the require ments of Article 12. Adjustments in Contrac t Time may only be made by a Change Order. 6.05 Substitutes and “Or -Equals” A. Wheneve r an ite m of material or equipment is specifie d or describe d in the Contrac t Documents by usin g the na me of a proprietar y ite m or the na me of a particula r Supplier, the specificatio n or descriptio n is intende d to establis h the type, function, appearance, and qualit y required. Unless the specification or descriptio n contains or is followe d by words reading tha t no like , equivalent, or “or -equal” ite m or no substitution is per mitted, othe r ite ms of material or equipment of other Supplier s may be submitte d to Cit y for revie w unde r the circumstances describe d below. 1. “Or -Equal” Items : If in City’s sole discretio n an ite m of material or equipment propose d by Contractor is functionally equa l to tha t na med and sufficiently simila r so tha t no change in related Work will be required, it may be conside red by Cit y as an “or -equal” ite m, in which case revie w and approva l of the propose d ite m may, in City’s sole discretion , be accomplishe d without complianc e wit h some or all of the require ments for approva l of propose d substitute ite ms. For the purpose s of this Paragraph 6.05.A.1, a propose d ite m of material or equipment will be considere d functionally equa l to an ite m so na med if: a. the Cit y determine s that: 1) it is at least equa l in materials of construction, quality , durability , appearance, strength, and desig n characteristics; CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 22 of 63 2) it will reliably per form a t least equally well the function and achieve the results impose d by the desig n concept of the complete d Projec t a s a functioning whole ; and 3) it ha s a prove n record of performanc e and availabilit y of responsive service; and b. Contractor certifie s that, if approve d and incorporate d int o the Work: 1) there will be no increase in cos t to the Cit y or increase in Contrac t Time; and 2) it will confor m substantially to the detailed require ments of the ite m na med in the Contrac t Documents. 2. Substitute Items: a. If in City’s sole discretio n an ite m of material or equipment propose d by Contractor does not qualif y as an “or -equal” ite m unde r Paragraph 6.05.A.1, it may be submitte d as a propose d substitute ite m. b. Contractor shall submit sufficien t in for matio n as provide d belo w to allo w Cit y to determin e if the ite m of material or equipment propose d is essentially equivalent to that na med and an acceptable substitute therefor. Requests for revie w of propose d substitute ite ms of material or equipment will not be accepted by Cit y from anyone othe r than Contractor. c. Contractor shall make writte n applicatio n to Cit y for revie w of a propose d substitute item of material or equipment tha t Contractor seeks to furnis h or use . The applicatio n shall comply wit h Section 01 25 00 and: 1) shall certify tha t the propose d substitute ite m will: a ) perfor m adequately the functions and achie ve the result s calle d for by the general design; b) be simila r in substanc e to tha t specified; c) be suite d to the same us e as tha t specified; and 2) will state: a) the extent , if any, to whic h the us e of the propose d substitute ite m will prejudice Contractor’s achievement of fina l completio n on time; b) whethe r us e of the propose d substitute ite m in the Wor k will require a change in any of the Contrac t Documents (or in the provisions of any othe r direc t contract wit h Cit y for othe r wor k on the Projec t) to adapt the desig n to the proposed substitute ite m; CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 23 of 63 c) whethe r incorporation or us e of the propose d substitute ite m in connection with the Wor k is subjec t to payment of any licens e fe e or royalty; and 3) will identify: a) all variation s of the propose d substitute ite m from tha t specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an ite mize d estimate of all cos ts or credits tha t will result directly or indirectly from us e of suc h substitute ite m, includin g costs of redesign and Damage Claims of othe r contractor s affected by any resultin g change. B. Substitute Constructio n Methods o r Procedures: If a specific means, method, technique, sequence , or procedur e of construction is expressly require d by the Contrac t Documents, Contractor may furnis h or utiliz e a substitut e means , method, technique , sequence , or procedure of constructio n approve d by City . Contractor shall submit sufficien t in formatio n to allo w City , in City’s sole discretion , to determin e tha t the substitute propose d is equivalent to tha t expressly called for by the Contrac t Documents . Contractor shall make written applicatio n to Cit y for revie w in the same manne r as thos e provide d in Paragraph 6.05.A.2. C. City’s Evaluation : Cit y will be allowe d a reasonable time within whic h to evaluate each proposa l or submittal made pursuant to Paragraphs 6.05.A and 6.05.B . Cit y ma y require Contractor to furnis h additiona l data about the propose d substitute . Cit y will be the sole judge of acceptability. No “or -equal” or substitute will be ordered, installe d or utilize d until City’s review is complete , whic h will be evidence d by a Change Orde r in the case of a substitute and an accepted Submitta l for an “or -equal.” Cit y will advis e Contractor in writin g of it s determination. D. Special Guarantee: Cit y ma y require Contractor to furnis h at Contractor’s expens e a special per for manc e guarantee , warranty, or othe r surety wit h respect to any substitute . Contractor shall indemnify and hold harmless City and anyone directly o r indirectly employed b y them from and against any and all claims, damages, losse s and expenses (including attorney s fees ) arisin g out of th e use o f substituted materials or equipment. E. City’s Cost Reimbursement: Cit y will record City’s cost s in evaluating a substitute propose d or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B . Whethe r or not City approve s a substitute so propose d or submitte d by Contractor , Contractor may be require d to reimburs e Cit y for evaluating each suc h propose d substitute . Contractor may als o be require d to reimburs e Cit y for the charge s for makin g change s in the Contrac t Documents (or in the provision s of any othe r direc t contrac t wit h City ) resultin g from the acceptance of each proposed substitute. F. Contractor’s Expense : Contractor shall provide all data in suppor t of any propose d substitute or “or -equal” at Contractor’s expense. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporate d to the Contrac t by Change Order. H. Time Extensions: No additiona l time will be grante d for substitutions. 6.06 Concerning Subcontractors, Suppliers , an d Others A. Contractor shall perfor m wit h his ow n organization , wor k of a valu e not les s tha n 35% of the valu e e mbraced on the Contract, unles s otherwis e approve d by the City. B. Contractor shall not emplo y any Subcontractor, Supplier , or othe r individua l or entity, whether initiall y or as a replacement, agains t whom Cit y may have reasonable objection. Contractor shall not be require d to emplo y any Subcontractor , Supplier, or othe r individua l or entit y to furnis h or perfor m any of the Wor k aga ins t whom Contractor ha s reasonable objectio n (excluding those acceptable to Cit y as indicate d in Paragraph 6.06.C). C. The Cit y may from time to time requir e the us e of certain Subcontractors , Suppliers , or other individuals or entitie s on the project, and will provide suc h require ments in the Supple mentary Conditions. D. Minority Busines s Enterprise Compliance: It is Cit y polic y to ensur e the full an d equitable participatio n by Minorit y Busines s Enterprise s (MBE) in the procure ment of goods and services on a contractua l basis . If the Contrac t Documents provide for a MBE goal, Contractor is require d to comply wit h the inten t of the City’s MBE Ordinance (a s amended) by the following: 1. Contractor shall, upon reques t by City , provide complet e and accurate infor matio n regarding actual work performed by a MBE on the Contrac t and payment therefor. 2. Contractor will not make additions , deletion s, or substitutions of accepted MBE without written consent of the City . Any unjustifie d change or deletio n shall be a material breach of Contrac t and may result in debarment in accordanc e wit h the procedure s outline d in the Ordinance. 3. Contractor shall, upon reques t by City , allo w an audit and/or exa minatio n of any books, records , or file s in the possession of the Contractor tha t will substantiate the actual work perfor med by an MBE. Material misrepresentation of any nature will be grounds for terminatio n of the Contrac t in accordanc e wit h Paragraph 15.02.A . Any such misrepresentation ma y be ground s for disqualificatio n of Contractor to bid on future contracts wit h the Cit y for a perio d of not les s tha n thre e years. E. Contractor shall be fully responsible to Cit y for all acts and omission s of the Subcontractors, Suppliers , and othe r individuals or entitie s per formin g or furnishing any of the Wor k jus t as Contractor is responsible for Contractor’s own acts and omissions . Nothing in the Contract Documents: CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 25 of 63 1. shall create for the bene fit of any suc h Subcontractor, Supplier, or othe r individua l or entity any contractua l relationship between Cit y and any suc h Subcontractor , Supplie r or other individua l or entity; nor 2. shall create any obligatio n on the part of Cit y to pa y or to see to the payment of any moneys due any suc h Subcontractor , Supplier , or othe r individua l or entit y except as may otherwise be require d by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Wor k of Subcontractors , Suppliers , and othe r individuals or entitie s per for min g or furnishing any of the Work unde r a direc t or indirec t contrac t wit h Contractor. G. All Subcontractors , Suppliers , and suc h othe r individuals or entitie s per formin g or furnishing any of the Wor k shall communicat e wit h Cit y through Contractor. H. All Work per formed for Contractor by a Subcontractor or Supplie r will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplie r whic h specifically binds the Subcontractor or Supplie r to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wag e Rates A. Duty to pay Prevailin g Wag e Rates. The Contractor shall comply wit h all require ments of Chapte r 2258, Texa s Government Code (as a mended), includin g the payment of not les s tha n the rate s determine d by the Cit y Council of the Cit y of Fort Worth to be the prevailin g wage rates in accordance wit h Chapte r 2258. Suc h prevailin g wage rate s are include d in thes e Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who doe s not pa y the prevailin g wage shall, upon de mand made by the City , pa y to the Cit y $60 for each worke r employe d for each calendar da y or par t of the da y tha t the worke r is paid les s tha n the prevailin g wage rates stipulate d in thes e contrac t documents . This penalt y shall be retained by the Cit y to offset its ad ministrativ e costs , pursuant to Texa s Government Code 2258.023. C. Complaints o f Violation s and City Determinatio n o f Goo d Cause. On receipt of infor mation, includin g a complain t by a worker, conce rnin g a n allege d violatio n of 2258.023, Texas Government Code , by a Contractor or Subcontractor , the Cit y shall make an initial determination , before the 31s t da y after the date the Cit y receives the information , a s to whether good cause exist s to believ e tha t the violatio n occurred. The Cit y shall notif y in writin g the Contractor or Subcontractor and any affected worker of it s initia l determination . Upon the City’s determinatio n tha t ther e is good cause to believ e the Contractor or Subcontractor ha s violated Chapte r 2258, the Cit y shall retain the full amounts claimed by the claimant or claimants as the difference between wage s paid and wage s due unde r the prevailin g wage rates, suc h amounts bein g subtracte d from successive progres s payments pending a fina l determinatio n of the violation. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 26 of 63 D. Arbitratio n Required if Violation Not Resolved. An issue relatin g to an allege d violatio n of Section 2258.023, Texa s Government Code , includin g a penalty owe d to the Cit y or an affected worker, shall be submitte d to binding arbitratio n in accordance wit h the Texa s General Arbitration Act (Article 224 et se q., Revise d Statutes) if the Contractor or Subcontractor and any affected worke r doe s not resolv e the issue by a greement befor e the 15th da y afte r the date the Cit y make s it s initia l determinatio n pursuant to Paragraph C above . If the persons require d to arbitrate unde r this section do not agre e on an arbitrator before the 11th da y after the date that arbitration is required , a distric t court shall appoint an arbitrator on the petitio n of any of the persons . The Cit y is not a party in the arbitr ation . The decisio n and award of the arbitrator is fina l and binding on all partie s and may be enforce d in any court of competent jurisdiction. E. Records to b e Maintained . The Contractor and each Subcontractor shall, for a perio d of thre e (3) years followin g the date of acceptance of the work, maintain records tha t show (i) the na me and occupation of each worke r employe d by the Contrac tor in the construction of the Wor k provided for in this Contract; and (ii) the actual pe r die m wage s paid to each worker . The records shall be ope n at all reasonable hours for inspectio n by the City . The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspectio n. F. Progress Payments. Wit h each progres s payment or payroll period, whicheve r is less , the Contractor shall submit an affidavit stating tha t the Contractor ha s complie d wit h the require ments of Chapte r 2258, Texa s Government Code. G. Postin g o f Wag e Rates. The Contractor shall pos t prevailin g wage rates in a conspicuous plac e at all times. H. Subcontractor Compliance. The Contractor shall includ e in it s subcontracts and/or shall otherwis e requir e all of it s Subcontractor s to comply wit h Paragraphs A through G above. 6.08 Paten t Fees and Royalties A. Contractor shall pa y all licens e fees and royaltie s and assume all costs inciden t to the us e in the perfor manc e of the Work or the incorporation in the Wor k of any invention, design, process, product, or devic e whic h is the subjec t of patent rights or copyrights held by others . If a particula r invention, design, process , product, or devic e is specifie d in the Contrac t Documents for us e in the perfor manc e of the Work and if , to the actual knowledge of City , it s us e is subject to patent right s or copyrights callin g for the payment of any licens e fe e or royalty to others , the existenc e of suc h rights shall be disclose d by Cit y in the Contrac t Documents . Failur e of the City t o disclos e suc h infor matio n doe s not reliev e the Contractor from it s obligations to pa y for the us e of said fees or royaltie s to others. B. To th e fullest extent permitte d b y 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 o f engineers, architects, attorneys, and other professionals and all court o r arbitratio n or other dispute resolutio n costs ) arising out o f o r relatin g to any infringement of patent rights o r copyrights incident to th e use in th e performance of th e Wor k o r resultin g from CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 27 of 63 th e incorporation in th e Wor k o f any invention , design, process, product, or device not specified in th e Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permit s and licenses. Contractor shall obtain and pa y for all construction permit s and license s except thos e provide d for in the Supple mentary Conditions or Contract Documents . Cit y shall assist Contractor , whe n necessary, in obtaining suc h per mit s and licenses. Contractor shall pa y all governmenta l charge s and inspectio n fees necessary for the prosecution of the Wor k whic h are applicable at the time of opening of Bids , or , if ther e are no Bids , on the Effective Date of the Agree ment, except for permit s provide d by the Cit y as specifie d in 6.09.B. Cit y shall pa y all charge s of utilit y owners for connections for providing permanent servic e to the Work. B. City obtained permit s and licenses. Cit y will obtain and pa y for all per mit s and license s as provide d for in the Supple mentary Conditions or Contrac t Documents . It will be the Contractor’s responsibilit y to carry out the provisions of the permit . If the Contractor initiate s change s to the Contrac t and the Cit y approve s the changes , the Contractor is responsible for obtaining clearances and coordinating wit h the appropriate regulatory agency. The Cit y will not reimburse the Contractor for any cos t associated wit h these require ments of any Cit y acquire d per mit . The followin g are per mit s the Cit y will obtain if required: 1. Texa s Department of Transportation Permits 2. U.S. Army Corps of Engineer s Permits 3. Texa s Commissio n on Environmenta l Qualit y Permits 4. Railroa d Company Permits C. Outstanding permit s and licenses. The Cit y anticipates acquisitio n of and/or access to permits and licenses. Any outstanding permit s and license s are anticipated to be acquire d in accordance wit h the schedule set forth in the Supple mentary Conditions . The Projec t Schedule submitte d by the Contractor in accordance wit h the Contr ac t Documents mus t conside r any outstanding per mit s and licenses. 6.10 Laws and Regulations A. Contractor shall giv e all notice s require d by and shall comply wit h all Laws and Regulations applicable to the performanc e of the Work. Except wher e otherwis e expressly require d by applicable Laws and Regulations , the Cit y shall not be responsible for monitoring Contractor’s complianc e wit h any Laws or Regulations. B. If Contractor perfor ms any Wor k knowing or having reason to know tha t it is contrary to Laws or Regulations , Contractor shall bea r all claims, costs , losses, and da mage s (includin g but not limite d to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 28 of 63 court or arbitratio n or othe r dispute resolutio n c osts) arisin g out of or relatin g to suc h Work. However, it shall not be Contractor’s responsibilit y to make certain tha t the Specifications and Drawings are in accordance wit h Laws and Regulations , but this shall not reliev e Contractor of Contractor’s obligations unde r Paragraph 3.02. C. Change s in Laws or Regulations not know n at the time of opening of Bid s having an effect on the cos t or time of perfor manc e of the Wor k ma y be the subjec t of an adjustment in Contract Price or Contrac t Time. 6.11 Taxes A. On a contrac t awarded by the City , an organization whic h qualifie s for exe mptio n pursuant to Texa s Tax Code , Subchapte r H, Sections 151.301-335 (as amended), the Contractor may purchase , rent or lease all materials, supplie s and equipment use d or consumed in the performanc e of this contrac t by issuin g to his supplie r an exe mptio n certificate in lie u of the tax, said exe mptio n certificate to comply wit h State Comptroller’s Rulin g .007. Any suc h exe mption certificate issued to the Contractor in lie u of the ta x shall be subjec t to and shall comply wit h the provision of State Comptroller’s Rulin g .011, and any othe r applicable ruling s pertainin g to the Texa s Tax Code , Subchapte r H. B. Texa s Ta x permit s and infor matio n may be obtaine d from: 1. Comptrolle r of Public Accounts Sale s Ta x Division Capito l Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use o f Site and Other Areas A. Limitatio n on Use o f Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of worker s to the Sit e and othe r areas permitte d by Laws and Regulations , and shall not unreasonably encumbe r the Sit e and othe r areas wit h construction equipment or othe r materials or equipment. Contractor shall assume full responsibilit y for any da mage to any suc h lan d or area, or to the owne r or occupant thereof, or of any adjacent lan d or areas resulting from the performanc e of the Work. 2. At any time when, in the judgment of the City , the Contractor ha s obstructe d or close d or is carrying on operations in a portion of a street, right-of-way, or easement greater tha n is necessary for prope r execution of the Work, the Cit y ma y requir e the Contractor to finis h the section on whic h operations are in progres s before work is commenced on any additional area of the Site. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 29 of 63 3. Should any Damage Claim be made by any suc h owne r or occupant because of the perfor manc e of the Work, Contractor shall promptly atte mpt to resolv e the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City , from and against all claims , costs , losses, an d damages arisin g out of or relating to any clai m or action , lega l or equitable, brought by any such owner o r occupant against City. B. Removal of Debris During Performance o f th e Work : Durin g the progres s of the Work Contractor shall kee p the Sit e and othe r areas free from accumulation s of waste materials, rubbish , and othe r debris . Remova l and disposa l of suc h waste materials, rubbish, and other debris shall confor m to applicable Laws and Regulations. C. Site Maintenance Cleaning : 24 hours afte r written notic e is give n to the Contractor tha t the clean-up on the jo b sit e is proceeding in a manne r unsatisfactor y to the City , if the Contractor fails to correct the unsatisfactory procedure , the Cit y may take suc h direc t action a s the City dee ms appropriate to correct the clean-up de ficiencie s cite d to the Contractor in the written notic e (by letter or electronic communication), and the costs of suc h direc t action, plu s 25 % of suc h costs , shall be deducte d from the monie s due or to become due to the Contractor. D. Fina l Site Cleaning: Prio r to Fina l Acceptance of the Wor k Contractor shall clean the Sit e and the Wor k and make it ready for utilizatio n by Cit y or adjacent property owner. At the completion of the Wor k Contractor shall remove from the Sit e all tools , appliances, construction equipment and machinery, and surplus materials and shall restore to origina l condition or bette r all property disturbe d by the Work. E. Loading Structures: Contractor shall not loa d nor permit any part of any structure to be loaded in any manne r tha t will endange r the structure , nor shall Contractor subjec t any part of the Work or adjacent property to stresses or pressure s tha t will endange r it. 6.13 Record Documents A. Contractor shall maintain in a safe plac e a t the Sit e or in a plac e designate d by the Contractor and approve d by the City , one (1) record copy of all Drawings , Specifications, Addenda , Change Orders, Field Orders, and written interpretations and clarification s in good orde r and annotate d to show change s made during construction. Thes e record documents togethe r wit h all approved Sa mple s and a counterpart of all accepted Submittals will be available to Cit y for reference. Upon completio n of the Work, thes e record documents , any operation and maintenanc e manuals, and Submittals will be delivere d to Cit y prio r to Fina l Inspection. Contractor shall include accurate location s for burie d and imbedde d ite ms. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating , maintainin g and supervising all safety precautions and progra ms in connection wit h the Work. Suc h responsibilit y doe s not relieve Subcontractors of their responsibilit y for the safety of persons or property in the performanc e of their work, nor for complianc e wit h applicable safety Laws and Regulations . Contractor shall CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent da mage , injur y or los s to: 1. all persons on the Sit e or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporate d therein, whethe r in storage on or off the Site ; and 3. othe r property at the Sit e or adjacent thereto, includin g trees, shrubs , lawns , walks, pave ments , roadways , structures , utilities , and Underground Facilitie s not designate d for removal, relocation, or replacement in the cours e of construction. B. Contractor shall comply wit h all applicable Law s and Regulations relatin g to the safety of persons or property, or to the protection of persons or property from da mage , injury , or loss ; and shall erect and maintain all necessary safeguards for suc h safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilitie s and othe r utilit y owners when prosecution of the Work may affect the m, and shall cooperate wit h the m in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply wit h the applicable require ments of City’s safety progra ms, if any. D. Contractor shall inform Cit y of the specific requirements of Contractor’s safety progra m, if any, wit h whic h City’s e mployee s and representatives mus t comply while at the Site. E. All da mage , injury , or los s to any propert y referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly , in whole or in part, by Contractor, any Subcontractor , Supplier , or any othe r individua l or entit y directly or indirectly employe d by any of the m to per for m any of the Work , or anyone for whos e acts any of the m may be liable , shall be remedie d by Contractor. F. Contractor’s dutie s and responsibilitie s for safety and for protection of the Wor k shall continue until suc h time as all the Work is complete d and Cit y ha s accepted the Work. 6.15 Safety Representative Contractor shall inform Cit y in writin g of Contrac tor’s designate d safety representative at the Site. 6.16 Hazard Communicatio n Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communicatio n informatio n require d to be made available to or exchange d between or among employer s in accordance wit h Laws or Regulations. 6.17 Emergencies and/or Rectification A. In e mergencies affecting the safety or protection of persons or the Wor k or property at the Sit e or adjacent thereto, Contractor is obligate d to act to prevent threatened da mage , injury , or loss. Contractor shall giv e Cit y prompt written notice if Contractor believe s tha t any significant CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 31 of 63 change s in the Wor k or variation s from the Contrac t Documents have bee n caused thereby or are require d a s a result thereof. If Cit y determine s tha t a change in the Contrac t Documents is require d because of the action take n by Contractor in respons e to suc h an emergency, a Change Orde r may be issued. B. Should the Contractor fail to respond to a reques t from the Cit y to rectify any discrepancies, omissions , or correction necessary to conform wit h the require ments of the Contrac t Documents, the Cit y shall giv e the Contractor writte n notic e that suc h work or change s are to be per formed. The writte n notic e shall direc t attention to the discrepant condition and reques t the Contractor to take remedia l action to correc t the condition. In the event the Contractor doe s not take positive steps to fulfill this writte n request, or doe s not show jus t cause for not takin g the prope r action, within 24 hours , the Cit y may take suc h remedia l action wit h Cit y forces or by contract. The City shall deduc t an amount equa l to the entir e costs for suc h remedia l action, plu s 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit require d Submittals to Cit y for revie w and acceptance in accordance wit h the accepted Schedule of Submittals (a s require d by Paragraph 2.07). Each submitta l will be identifie d as Cit y may require. 1. Submit numbe r of copie s specifie d in the General Require ments. 2. Data show n on the Submittals will be complet e wit h respect to quantities , dimensions, specifie d performanc e and desig n criteria , materials, and simila r data to show Cit y the services, materials, and equipment Contractor propose s to provide and to enable Cit y to revie w the informatio n for the limite d purpose s require d by Paragraph 6.18.C. 3. Submittals submitted as herein provide d by Contractor and reviewed by Cit y for conformanc e wit h the desig n concept shall be executed in confor mit y wit h the Contract Documents unles s otherwis e require d by City. 4. Whe n Submittals are submitte d for the purpos e of showing the installatio n in greater detail, their revie w shall not excus e Contractor from require ments show n on the Drawings and Specifications. 5. For-Infor mation -Only submittals upon whic h the Cit y is not expected to conduc t revie w or take responsive action ma y be so identifie d in the Contrac t Documents. 6. Submit require d numbe r of Sa mple s specifie d in the Specifications. 7. Clearly identif y each Sa mple as to material, Supplier , pertinent data suc h as catalog numbers, the us e for whic h intende d and othe r data as Cit y may requir e to enable Cit y to revie w the submitta l for the limite d purpose s require d by Paragraph 6.18.C. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 32 of 63 B. Wher e a Submitta l is require d by the Contrac t Documents or the Schedule of Submittals , any related Wor k perfor me d prio r to City’s revie w and acceptance of the pertinent submitta l will be at the sole expens e and responsibilit y of Contractor. C. City’s Review: 1. Cit y will provide timely revie w of require d Submittals in accordance wit h the Schedule of Submittals acceptable to City . City’s revie w and acceptance will be only to determin e if the ite ms covere d by the submittals will, after inst allatio n or incorporation in the Work, conform to the in for matio n give n in the Contrac t Documents and be compatible wit h the design concept of the complete d Projec t as a functionin g whole as indicate d by the Contract Documents. 2. City’s revie w and acceptance will not extend to means, methods , techniques , sequences, or procedure s of construction (except wher e a particula r means, method, technique , sequence, or procedure of construction is specifically and expressly calle d for by the Contract Documents ) or to safety precautions or progra ms inciden t thereto. The revie w and acceptance of a separate ite m as suc h will not indicat e approva l of the assembly in whic h the item functions. 3. City’s revie w and acceptance shall not relieve Contractor from responsibilit y for any variatio n from the require ments of the Contrac t Documents unles s Contractor ha s complied wit h the require ments of Section 01 33 00 and Cit y ha s give n writte n acceptance of each suc h variatio n by specific writte n notation thereof incorporate d in or accompanying the Submittal. City’s revie w and acceptance shall not reliev e Contractor from responsibilit y for complyin g wit h the require ments of the Contrac t Documents. 6.19 Continuing th e Work Except as otherwis e provided, Contractor shall carry on the Wor k and adhere to the Projec t Schedule during all dispute s or disagree ments wit h City. No Wor k shall be delaye d or postpone d pending resolutio n of any dispute s or disagree ments , except a s Cit y and Contractor ma y otherwis e agre e in writing. 6.20 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantee s to Cit y tha t all Wor k will be in accordance wit h the Contract Documents and will not be de fective. Cit y and it s officers, directors , me mbers , partners, employees , agents , consultants , and subcontractors shall be entitle d to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarante e hereunde r exclude s defects or da mage caused by: 1. abuse , modification , or imprope r maintenanc e or operation by persons othe r tha n Contractor, Subcontractors , Suppliers , or any othe r individua l or entit y for whom Contractor is responsible ; or CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 33 of 63 2. nor mal wear and tea r unde r nor ma l usage. C. Contractor’s obligatio n to perfor m and complet e the Work in accordanc e wit h the Contract Documents shall be absolute . None of the followin g will constitute an acceptance of Work tha t is not in accordance wit h the Contrac t Documents or a release of Contractor’s obligatio n to perform the Work in accordance wit h the Contrac t Documents: 1. observations by City; 2. recommendation or payment by Cit y of any progres s or fina l payment; 3. the issuanc e of a certificate of Fina l Acceptance by Cit y or any payment related thereto by City; 4. us e or occupanc y of the Wor k or any part thereof by City; 5. any revie w and acceptance of a Submitta l by City; 6. any inspection, test, or approva l by others ; or 7. any correction of defective Wor k by City. D. The Contractor shall remedy any defects or da mage s in the Work and pa y for any da mage to othe r work or property resultin g therefrom whic h shall appea r within a perio d of two (2) years from the date of Fina l Acceptance of the Wor k unles s a longe r perio d is specifie d and shall furnis h a good and sufficien t maintenanc e bond, complyin g wit h the require ments of Article 5.02.B. The Cit y will giv e notic e of observed defects wit h reasonable promptness. 6.21 Indemnification A. Contracto r covenants and agree s to indemnify, hold harmles s and defend, at its o wn expense , the City, its officers , servants and employees , fro m and agains t any and all claims arising out of, o r allege d to aris e out of, the work and service s to be performe d by the Contractor, its officers , agents , employees , subcontractors, licenses or invitee s unde r 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 provisio n is intende d to include , without limitation, indemnit y fo r costs, expense s and legal fee s incurre d by the City in defending agains t suc h claims and cause s o f actions. B. Contracto r covenants and agree s to indemnify and hold harmless , at its o wn expense, the City, its officers , servant s and employees , fro m and agains t any and all loss , damag e or destruction of propert y o f the City, arising out of, o r allege d to aris e out of, the work and service s to be performe d by the Contractor, its officers , agents , employees , subcontractors, licensee s or invitee s unde r this Contract . THIS INDEMNIFICATION PROVISION IS CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 34 of 63 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. 6.22 Delegatio n of Professional Design Services A. Contractor will not be require d to provide professiona l desig n services unles s suc h services are specifically require d by the Contrac t Documents for a portion of the Work or unles s such service s are require d to carry out Contractor’s responsibilitie s for construction means, methods, techniques , sequence s and procedures. B. If professiona l desig n services or certifications by a desig n professiona l related to systems, materials or equipment are specifically require d of Contractor by the Contrac t Documents , City will specify all per formanc e and desig n criteria tha t suc h services mus t satis fy. Contractor shall cause suc h services or certifications to be provide d by a properly license d professional, whose signatur e and seal shall appea r on all drawings , calculations, specifications, certifications, and Submittals prepare d by suc h professional. Submittals related to the Wor k designe d or certifie d by suc h professional, if prepare d by others , shall bea r suc h professional’s writte n approva l when submitte d to City. C. Cit y shall be entitle d to rely upon the adequa cy, accuracy and completeness of the services, certifications or approvals perfor med by suc h desig n professionals , provide d Cit y ha s specified to Contractor perfor manc e and desig n criteria tha t suc h services mus t satisfy. D. Pursuant to this Paragraph 6.22, City’s revie w and acceptance of desig n calculations and design drawings will be only for the limite d purpos e of checking for confor manc e wit h perfor manc e and desig n criteria give n and the desig n concept expresse d in the Contrac t Documents . City’s review and acceptance of Submittals (except desig n calculation s and desig n drawings ) will be only for the purpos e state d in Paragraph 6.18.C. 6.23 Righ t to Audit A. The Contractor agrees tha t the Cit y shall, until the expiratio n of thre e (3) years after final payment unde r this Contract, have access to and the righ t to exa min e and photocopy any directly pertinent books , documents , papers , and records of the Contractor involving transactions relating to this Contract. Contractor agrees tha t the Cit y shall have access during Regula r Working Hours to all necessary Contractor facilitie s and shall be provide d adequate and appropriate wor k space in orde r to conduc t audits in complianc e wit h the provisions of this Paragraph. The Cit y shall giv e Contractor reasonable advanc e notic e of intende d audits. B. Contractor furthe r agrees to includ e in all it s subcontracts hereunde r a provision to the effect that the subcontractor agrees tha t the Cit y shall, until the expiratio n of thre e (3) years after final payment unde r this Contract, have access to and the righ t to exa min e and photocopy any directly pertinent books , documents , papers , and records of suc h Subcontractor, involving transactions to the subcontract, and further , tha t Cit y shall have access during Regula r Working Hours to all CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 35 of 63 Subcontractor facilities , and shall be provide d adequate and appropriate work spac e in orde r to conduc t audit s in complianc e wit h the provisions of this Paragraph. The Cit y shall give Subcontractor reasonable advanc e notic e of intende d audits. C. Contractor and Subcontractor agre e to photocopy suc h document s as may be requeste d by the City. The Cit y agrees to reimburs e Contractor for the cos t of the copie s as follow s at the rate publishe d in the Texa s Administrativ e Code in effec t as of the time copying is performed. 6.24 Nondiscrimination A. The Cit y is responsible for operating Public Transportation Progra ms and imple mentin g transit - related projects , whic h are funde d in par t wit h Federal financia l assistance awarded by the U.S. Department of Transportation and the Federal Transit Administratio n (FTA), without discriminatin g agains t any person in the Unite d States on the basis of race, color , or national origin. B. Title VI, Civil Rights Ac t of 1964 as amended: Contractor shall comply wit h the require ments of the Act and the Regulations as furthe r define d in the Supple mentary Conditions for any project receiving Federal assistance. ARTICLE 7 – OTHER WOR K AT THE SITE 7.01 Related Wor k at Site A. Cit y ma y perfor m othe r wor k related to the Projec t at the Sit e wit h City’s e mployees , or other Cit y contractors , or through othe r direc t contracts therefor , or have othe r work perfor me d by utilit y owners . If suc h othe r wor k is not note d in the Contrac t Documents , the n writte n notice thereof will be give n to Contractor prio r to starting any suc h othe r work; and B. Contractor shall afford each othe r contractor who is a party to suc h a direc t contract, each utility owner , and City , if Cit y is perfor min g othe r wor k wit h City’s e mployee s or othe r City contractors , prope r and safe access to the Site , provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of suc h othe r work, and properly coordinate the Work wit h theirs . Contractor shall do all cutting, fitting , and patching of the Work tha t may be require d to properly connec t or otherwis e make it s several parts come togethe r and properly integrate wit h suc h othe r work. Contractor shall not endange r any wor k of others by cutting , excavating, or otherwis e alterin g suc h work; provided, however, that Contractor may cut or alte r others ' wor k wit h the writte n consent of Cit y and the other s whose wor k will be affected. C. If the prope r execution or result s of any par t of Contractor’s Wor k depends upon wor k perfor med by other s unde r this Article 7, Contractor shall inspec t suc h othe r wor k and promptly repor t to Cit y in writin g any delays , defects, or deficiencies in suc h othe r work tha t rende r it unavailable or unsuitable for the prope r execution and result s of Contractor’s Work. Contractor’s failur e to so repor t will constitute an acceptance of suc h othe r wor k as fit and prope r for integratio n with Contractor’s Wor k except for latent defects in the wor k provide d by others. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 36 of 63 7.02 Coordination A. If Cit y intends to contrac t wit h other s for the perfor manc e of othe r work on the Projec t at the Site , the followin g will be set forth in Supple mentary Conditions: 1. the individua l or entit y who will have authorit y and responsibilit y for coordination of the activitie s among the various contractor s will be identified; 2. the specific matters to be covere d by suc h authority and responsibilit y will be ite mized ; and 3. the extent of suc h authority and responsibilitie s will be provided. B. Unles s otherwis e provide d in the Supple mentary Conditions , Cit y shall have authority for such coordination. ARTICLE 8 – CITY’S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwis e provide d in the Supple mentary Conditions , Cit y shall issue all communications to Contractor. 8.02 Furnish Data Cit y shall timely furnis h the dat a require d unde r the Contrac t Documents. 8.03 Pa y Whe n Due Cit y shall make payments to Contractor in accordance wit h Article 14. 8.04 Lands and Easements; Report s an d Tests City’s dutie s wit h respect to providing land s and easements and providing engineering surveys to establis h reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s identifyin g and makin g available to Contractor copie s of reports of explorations and tests of subsurface conditions and drawings of physica l conditions relatin g to existin g surface or subsurface structure s at or contiguous to the Sit e tha t have bee n utilize d by Cit y in preparing the Contract Documents. 8.05 Change Orders Cit y shall execute Change Orders in accordance wit h Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City’s responsibilit y wit h respect to certain inspections , tests, and approvals is set forth in Paragraph 13.03. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 37 of 63 8.07 Limitation s o n City’s Responsibilities A. The Cit y shall not supervise , direct, or have control or authority over , nor be responsible for, Contractor’s means, methods , techniques , sequence s, or procedure s of construction, or the safety precautions and progra ms inciden t thereto, or for any failur e of Contractor to comply wit h Laws and Regulations applicable to the perfor manc e of the Work. Cit y will not be responsible for Contractor’s failur e to perfor m the Wor k in accordance wit h the Contrac t Documents. B. Cit y will notif y the Contractor of applica ble safety plan s pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City’s responsibilit y wit h respect to an undisclos ed Hazardous Environmenta l Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While a t the Site , City’s e mployee s and representative s shall comply wit h the specific applicable require ments of Contractor’s safety progra ms of whic h Cit y ha s bee n in for med pursuant to Paragraph 6.14. ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City’s Projec t Manager Cit y will provide one or more Projec t Manager(s) during the construction period. The duties and responsibilitie s and the limitation s of authority of City’s Project Manager during construction are set forth in the Contrac t Documents . The City’s Project Manager for this Contract is identified in the Supplementary Conditions . 9.02 Visits to Site A. City’s Projec t Manager will make visit s to the Sit e at intervals appropriate to the various stages of construction as Cit y dee ms necessary in orde r to observe the progres s tha t ha s been made and the qualit y of the various aspects of Contractor’s executed Work. Based on informatio n obtaine d during suc h visit s and observations , City’s Projec t Manager will deter mine , in general, if the Wor k is procee din g in accordance wit h the Contrac t Documents. City’s Projec t Manager will not be require d to make exhaustive or continuous inspections on the Sit e to check the qualit y or quantit y of the Work. City’s Projec t Manager’s efforts will be directed towar d providing Cit y a greater degre e of confidenc e tha t the complete d Work will confor m generally to the Contrac t Documents. B. City’s Projec t Manager’s visit s and observations are subjec t to all the limitation s on authority and responsibilit y in the Contrac t Documents includin g thos e set forth in Paragraph 8.07. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 38 of 63 9.03 Authorized Variation s in Work City’s Projec t Manager may authorize mino r variation s in the Wor k from the require ments of the Contrac t Documents whic h do not involve an adjustment in the Contrac t Pric e or the Contract Time and are compatible wit h the desig n concept of the complete d Projec t as a functioning whole as indicate d by the Contrac t Documents . Thes e may be accomplishe d by a Field Orde r and will be binding on Cit y and als o on Contractor , who shall perfor m the Wor k involve d promptly. 9.04 Rejectin g Defective Work Cit y will have authority to reject Wor k whic h Cit y’s Projec t Manager believe s to be de fective, or will not produc e a complete d Projec t tha t confor ms to the Contrac t Documents or tha t will prejudic e the integrit y of the desig n concept of the complete d Projec t as a functioning whole as indicated by the Contrac t Documents . Cit y will have authority to conduc t special inspectio n or testing of the Work as provide d in Article 13, whethe r or not the Wor k is fabricated, installed , or completed. 9.05 Determination s fo r Wor k Performed Contractor will determin e the actual quantitie s and classification s of Wor k per for med. City’s Project Manager will revie w wit h Contractor the preliminar y determination s on suc h matters be fore rendering a writte n recommendation. City’s writte n decisio n will be fina l (except as modifie d to reflect change d factual conditions or mor e accurate data). 9.06 Decision s on Requirements o f Contrac t Documents and Acceptability of Work A. Cit y will be the initia l interpret er of the require ment s of the Contract Documents and judge of the acceptability of the Wor k thereunder. B. Cit y will rende r a writte n decisio n on any issue referred. C. City’s writte n decisio n on the issue referred will be fina l and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 – CHANGES IN THE WORK ; CLAIMS; EXTRA WORK 10.01 Authorize d Changes in th e Work A. Without invalidatin g the Contrac t and without notic e to any surety, Cit y may, at any time or from time to time, orde r Extra Work. Upon notic e of suc h Extra Work, Contractor shall promptly procee d wit h the Work involve d whic h will be performed unde r the applicable conditions of the Contrac t Documents (except as otherwis e specifically provided). Extra Work shall be memorialize d by a Change Orde r whic h ma y or ma y not precede an orde r of Extra work. B. For mino r change s of Work not requirin g change s to Contrac t Time or Contrac t Price , a Field Orde r may be issued by the City. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 39 of 63 10.02 Unauthorized Change s in th e Work Contractor shall not be entitle d to an increase in the Contrac t Pric e or an extension of the Contract Time wit h respect to any wor k perfor med tha t is not require d by the Contrac t Documents as amended, modified , or supple mente d as provide d in Paragraph 3.04, except in the case of an e mergenc y as provide d in Paragraph 6.17. 10.03 Executio n o f Change Orders A. Cit y and Contractor shall execute appropriate Change Order s covering: 1. change s in the Wor k whic h are : (i) ordere d by Cit y pursuant to Paragraph 10.01.A , (ii) require d because of acceptance of defective Work unde r Paragraph 13.08 or City’s correction of defective Wor k unde r Paragraph 13.09, or (iii) agreed to by the parties; 2. change s in the Contrac t Pric e or Contrac t Time whic h are agreed to by the parties, including any undispute d sum or a mount of time for Wor k actually performed. 10.04 Extra Work A. Should a difference aris e as to wha t doe s or doe s not constitute Extra Work, or as to the payment thereof , and the Cit y insist s upon it s performance, the Contractor shall procee d wit h the work afte r makin g written reques t for writte n order s and shall kee p accurate account of the actual reasonable cos t thereof. Contrac t Claims regardin g Extra Wor k shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnis h the Cit y suc h installa tio n records of all deviations from the original Contrac t Documents as may be necessary to enable the Cit y to prepare for per manent record a corrected set of plan s showing the actual installation. C. The compensation agreed upon for Extra Work whethe r or not initiate d by a Change Orde r shall be a full, complet e and fina l payment for all costs Contractor incur s as a result or relatin g to the change or Extra Work, whethe r said costs are known, unknown, foreseen or unforesee n at that time, includin g without limitation , any costs for delay , extende d overhead, ripple or impac t cost, or any othe r effect on change d or unchange d wor k as a result of the change or Extra Work. 10.05 Notificatio n to Surety If the provisions of any bond requir e notic e to be give n to a surety of any change affecting the genera l scope of the Wor k or the provisions of the Contrac t Documents (including , but not limited to, Contrac t Pric e or Contrac t Time), the givin g of any suc h notic e will be Contractor’s responsibility . The amount of each applicable bond will be adjuste d by the Contractor to reflec t the effect of any suc h change. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 40 of 63 10.06 Contract Claims Process A. City’s Decisio n Required : All Contrac t Claims, except thos e waive d pursuant to Paragraph 14.09, shall be referred to the Cit y for decision. A decisio n by Cit y shall be require d as a conditio n precedent to any exercise by Contractor of any rights or remedie s he may otherwise have unde r the Contrac t Documents or by Laws and Regulations in respect of suc h Contract Claims. B. Notice: 1. Writte n notic e stating the genera l natur e of each Contrac t Claim shall be delivere d by the Contractor to Cit y no late r tha n 15 days afte r the start of the event givin g ris e thereto. The responsibilit y to substantiate a Contrac t Claim shall rest wit h the part y makin g the Contract Claim. 2. Notic e of the amount or extent of the Contrac t Claim, wit h supporting data shall be delivered to the Cit y on or before 45 days from the start of the event givin g ris e thereto (unles s the City allow s additiona l time for Contractor to submit additiona l or mor e accurate data in suppor t of suc h Contrac t Claim). 3. A Contrac t Claim for an adjustment in Contrac t Pric e shall be prepare d in accordance with the provisions of Paragraph 12.01. 4. A Contrac t Claim for an adjustment in Contrac t Time shall be prepare d in accordance with the provisions of Paragraph 12.02. 5. Eac h Contrac t Claim shall be accompanie d by Contractor’s written state ment tha t the adjustment claimed is the entir e adjustment to whic h the Contractor believe s it is entitle d as a result of said event. 6. The Cit y shall submit any respons e to the Contractor within 30 days after receipt of the claimant’s las t submittal (unles s Contrac t allow s additiona l time). C. City’s Actio n: Cit y will revie w each Contrac t Claim and, within 30 days afte r receipt of the last submitta l of the Contractor, if any, take one of the followin g actions in writing: 1. deny the Contrac t Claim in whole or in part; 2. approve the Contrac t Claim; or 3. notify the Contractor tha t the Cit y is unable to resolv e the Contrac t Claim if, in the City’s sole discretion , it would be inappropriate for the Cit y to do so. For purpose s of further resolutio n of the Contrac t Claim, suc h notic e shall be dee med a denial. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 41 of 63 D. City’s written action unde r Paragraph 10.06.C will be fina l and binding, unles s Cit y or Contractor invoke the dispute resolutio n procedur e set forth in Article 16 within 30 days of such action or denial. E. No Contrac t Claim for an adjustment in Contrac t Pric e or Contrac t Time will be valid if not submitte d in accordance wit h this Paragraph 10.06. ARTICLE 1 1 – COST O F THE WORK ; ALLOWANCES; UNI T PRICE WORK ; PLANS QUANTITY MEASUREMENT 11.01 Cost of th e Work A. Costs Included: The term Cos t of the Work means the sum of all costs , except thos e exclude d in Paragraph 11.01.B , necessarily incurre d and paid by Contractor in the prope r perfor manc e of the Work. Whe n the valu e of any Wor k covere d by a Change Order , the costs to be reimburse d to Contractor will be only thos e additiona l or incre menta l cost s require d because of the change in th e Work. Suc h costs shall not includ e any of the costs ite mize d in Paragraph 11.01.B, and shall includ e but not be limite d to the followin g ite ms: 1. Payroll cost s for e mployee s in the direc t e mploy of Contractor in the perfor manc e of the Work unde r schedule s of jo b classification s agreed upon by Cit y and Contractor . Such employee s shall include , without limitation , superintendents , foremen, and othe r personnel employe d full time on the Work. Payroll costs for employee s not employe d full time on the Work shall be apportione d on the basis of their time spent on the Work. Payroll costs shall include; a. salarie s wit h a 55% markup, or b. salarie s and wage s plu s the cos t of fringe benefits , whic h shall includ e socia l security contributions , une mployment, excise, and payroll taxes, workers ’ compensation, health and retirement benefits , bonuses , sic k leave, vacation and holida y pa y applicable thereto. The expense s of perfor min g Wor k outside of Regula r Working Hours , Weekend Working Hours , or lega l holidays , shall be include d in the above to the extent authorized by City. 2. Cos t of all materials and equipment furnishe d and incorporate d in the Work, includin g costs of transportation and storage thereof , and Suppliers ’ field services require d in connection therewith. 3. Rentals of all construction equipment and machinery, and the part s thereof whethe r rented from Contractor or other s in accordance wit h renta l agreements approve d by City , and the costs of transportation, loading, unloading, assembly , dis mantling , and remova l thereof . All suc h costs shall be in accordance wit h the terms of said renta l agreements . The renta l of any suc h equipment, machinery, or parts shall cease whe n the us e thereof is no longe r necessary for the Work. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 42 of 63 4. Payments made by Contractor to Subcontractors for Wor k perfor med by Subcontractors . If require d by City , Contractor shall obtain competitiv e bid s from subcontractors acceptable to Cit y and Contractor and shall delive r suc h bid s to City , who will the n determine , whic h bids, if any, will be acceptable. If any subcontrac t provide s tha t the Subcontractor is to be paid on the basis of Cos t of the Work plu s a fee, the Subcontractor’s Cos t of the Wor k and fee shall be determine d in the same manne r as Contractor’s Cos t of the Wor k and fee a s provide d in this Paragraph 11.01. 5. Costs of special consultants (includin g but not limite d to engineers , architects, testing laboratories , surveyors , attorneys , and accounta nts) employe d for services specifically related to the Work. 6. Supple menta l costs includin g the following: a. The proportion of necessary transportation, travel, and subsistenc e expense s of Contractor’s employee s incurre d in discharge of dutie s connecte d wit h the Work. b. Cost, includin g transportation and maintenance, of all materials, supplies , equipment, machinery, appliances, office , and te mporar y facilitie s a t the Site , and hand tools not owne d by the workers , whic h are consume d in the perfor manc e of the Work, and cost, less marke t value , of suc h ite ms use d but not consumed whic h remain the property of Contractor. c. Sales, consumer, use , and othe r simila r taxe s related to the Work, and for which Contractor is liable not covere d unde r Paragraph 6.11, as impose d by Laws and Regulations. d. Deposits los t for causes othe r tha n negligenc e of Contractor, any Subcontractor , or anyone directly or indirectly employe d by any of the m or for whos e acts any of the m ma y be liable , and royalty payments and fees for per mit s and licenses. e. Losses and da mage s (and related expenses ) caused by da mage to the Work, not compensate d by insuranc e or otherwise , sus taine d by Contractor in connection wit h the perfor manc e of the Work, provide d suc h losses and da mage s have resulte d from causes othe r tha n the negligenc e of Contractor , any Subcontractor , or anyone directly or indirectly employe d by any of the m or for whos e acts any of the m ma y be liable . Such losse s shall includ e settlements made wit h the writte n consent and approva l of City . No suc h losses, da mages, and expense s shall be include d in the Cos t of the Wor k for the purpos e of determinin g Contractor’s fee. f. The cos t of utilities , fuel, and sanitary facilitie s at the Site. g. Mino r expense s suc h as telegrams, lon g distanc e telephone calls , telephone and communicatio n services at the Site , expres s and courie r services, and simila r petty cash ite ms in connection wit h the Work. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 43 of 63 h. The costs of pre miu ms for all bonds and insuranc e Contractor is require d by the Contract Documents to purchas e and maintain. B. Costs Excluded : The term Cos t of the Wor k shall not includ e any of the followin g ite ms: 1. Payroll costs and othe r compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), genera l managers, safety managers, engineers, architects, estimators , attorneys , auditors , accountants , purchasing and contracting agents, expediters , timekeepers, clerks, and othe r personne l employe d by Contractor , whethe r a t the Sit e or in Contractor’s principa l or branc h offic e for genera l administratio n of the Work and not specifically include d in the agreed upon schedule of jo b classification s referre d to in Paragraph 11.01.A.1 or specifically covere d by Paragraph 11.01.A.4, all of whic h are to be considere d administrativ e costs covere d by the Contractor’s fee. 2. Expense s of Contractor’s principa l and branc h offices othe r tha n Contractor’s office a t the Site. 3. Any par t of Contractor’s capital expenses , includin g interest on Contractor’s capital employe d for the Work and charge s agains t Contractor for delinquent payments. 4. Costs due to the negligenc e of Contractor , any Subcontractor, or anyone directly or indirectly employe d by any of the m or for whos e acts any of the m ma y be liable , includin g but not limite d to, the correction of defective Work, disposa l of materials or equipment wrongly supplied, and makin g good any da mage to property. 5. Othe r overhea d or genera l expens e costs of any kind. C. Contractor’s Fee : Whe n all the Wor k is perfor med on the basis of cost-plus , Contractor’s fee shall be determine d as set forth in the Agree ment. Whe n the valu e of any Wor k covere d by a Change Orde r for an adjustment in Contrac t P ric e is determine d on the basis of Cos t of the Work, Contractor’s fee shall be determine d as set forth in Paragraph 12.01.C. D. Documentation: Wheneve r the Cos t of the Wor k for any purpos e is to be determine d pursuant to Paragraphs 11.01.A and 11.01.B , Contractor will establis h and maintain records thereof in accordance wit h generally accepted accounting practices and submit in a for m acceptable to City an ite mize d cos t breakdow n togethe r wit h supporting data. 11.02 Allowances A. Specifie d Allowance: It is understood tha t Contractor ha s include d in the Contrac t Pric e all allowances so na med in the Contrac t Documents and shall cause the Wor k so covere d to be perfor med for suc h sums and by suc h persons or entitie s as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 44 of 63 a. the pre -bid allowances includ e the cos t to Contractor of materials and equipment required by the allowances to be delivere d at the Site , and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site , labor, installation , overhead, profit, and othe r expense s conte mplate d for the pre -bid allowances have bee n include d in the allowances, and no de mand for additiona l payment on account of any of the foregoing will be valid. C. Contingency Allowance : Contractor agrees tha t a contingenc y allowance, if any, is for the sole us e of City. D. Prio r to fina l payment, an appropriate Change Orde r will be issued to reflect actual amounts due Contractor on account of Work covere d by allowances, and the Contrac t Pric e shall be correspondingly adjusted. 11.03 Unit Price Work A. Wher e the Contrac t Documents provide tha t all or par t of the Wor k is to be Unit Pric e Work, initiall y the Contrac t Pric e will be dee med to includ e for all Unit Pric e Work a n a mount equa l to the sum of the unit pric e for each separately identifie d ite m of Unit Pric e Wor k times the estimate d quantity of each ite m as indicate d in the Agree ment. B. The estimated quantitie s of ite ms of Unit Pric e Work are not guarantee d and are solely for the purpos e of compariso n of Bid s and determinin g an initia l Contrac t Price . Determination s of the actual quantitie s and classification s of Unit Pric e Wor k perfor med by Contractor will be made by Cit y subjec t to the provisions of Paragraph 9.05. C. Each unit pric e will be dee med to includ e an amount considere d by Contractor to be adequate to cove r Contractor’s overhea d and profit for each separately identifie d ite m. Work describe d in the Contrac t Documents , or reasonably inferred as require d for a functionally complet e installation, but not identifie d in the listin g of unit pric e ite ms shall be considere d incidenta l to unit price work liste d and the cos t of incidenta l wor k include d as part of the unit price. D. Cit y may make an adjustment in the Contrac t Pric e in accordance wit h Paragraph 12.01 if: 1. the quantity of any ite m of Unit Pric e Wor k perfor med by Contractor differs materially and significantly from the estimate d quantity of suc h ite m indicate d in the Agree ment; and 2. there is no corresponding adjustment wit h respect to any othe r ite m of Work. E. Increased o r Decreased Quantities: The Cit y reserves the righ t to orde r Extra Wor k in accordance wit h Paragraph 10.01. 1. If the change s in quantitie s or the alterations do not significantly change the character of wor k unde r the Contrac t Documents , the altered wor k will be paid for at the Contrac t unit price. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 45 of 63 2. If the change s in quantitie s or alterations significantly change the character of work, the Contrac t will be a mende d by a Change Order. 3. If no unit price s exist , this will be considere d Extra Work and the Contrac t will be a mended by a Change Orde r in accordance wit h Article 12. 4. A significan t change in the character of wor k occurs when: a. the character of wor k for any Item as altered differs materially in kin d or natur e from that in the Contrac t or b. a Majo r Ite m of work varie s by mor e tha n 25% from the origina l Contrac t quantity. 5. Whe n the quantity of wor k to be done unde r any Majo r Ite m of the Contrac t is mor e than 125% of the origina l quantity sta te d in the Contract , the n eithe r party to the Contrac t may reques t an adjustment to the unit pric e on the portion of the wor k tha t is above 125%. 6. Whe n the quantity of work to be done unde r any Majo r Ite m of the Contrac t is les s tha n 75% of the origina l quantity state d in the Contract, the n eithe r party to the Contrac t may request an adjustment to the unit price. 11.04 Plan s Quantity Measurement A. Plan s quantitie s may or may not represent the exact quantity of work perfor med or material moved , handled, or placed during the execution of the Contract. The estimate d bid quantitie s are designate d as fina l payment quantities , unles s revise d by the governing Section or this Article. B. If the quantity measured as outline d unde r “Pric e and Payment Procedures ” varie s by mor e than 25% (or as stipulate d unde r “Pric e and Payment P rocedures ” for specific Items) from the total estimated quantity for an individua l Item originally show n in the Contrac t Documents , an adjustment may be made to the quantity of authorize d work done for payment purposes . The party to the Contrac t requesting the adjustment will provide field measurements and calculations showing the fina l quantity for whic h payment will be made . Payment for revise d quantity will be made at the unit pric e bid for tha t Ite m, except as provide d for in Article 10. C. Whe n quantitie s are revise d by a change in desig n approve d by the City , by Change Order, or to correct an error, or to correct an error on the plans , the plan s quantity will be increased or decreased by the amount involve d in the change , and the 25% varianc e will apply to the new plans quantity. D. If the total Contrac t quantity multiplie d by the unit pric e bid for an individua l Ite m is les s than $250 and the Item is not originally a plan s quantity Ite m, the n the Ite m may be paid a s a plans quantity Ite m if the Cit y and Contractor agre e in writin g to fix the fina l quantity as a plans quantity. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 46 of 63 E. For callou t wor k or non-sit e specific Contracts , the plan s quantity measurement require ments are not applicable. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE O F CONTRACT TIME 12.01 Change o f Contrac t Price A. The Contrac t Pric e may only be change d by a Change Order. B. The valu e of any Work covere d by a Change Orde r will be determine d as follows: 1. wher e the Wor k involve d is covere d by unit price s containe d in the Contrac t Documents , by applicatio n of suc h unit price s to the quantitie s of the ite ms involve d (subjec t to the provision s of Paragraph 11.03); or 2. where the Wor k involve d is not covere d by unit price s containe d in the Contrac t Documents, by a mutually agreed lu mp sum or unit pric e (whic h may includ e a n allowanc e for overhead and profit not necessarily in accordance wit h Paragraph 12.01.C.2), and shall includ e the cost of any secondar y impacts tha t are foreseeable at the time of pricin g the cos t of Extra Work; or 3. wher e the Work involve d is not covere d by unit price s containe d in the Contrac t Documents and agreement to a lu mp sum or unit pr ice is not reached unde r Paragraph 12.01.B.2, on the basis of the Cos t of the Wor k (determine d as provide d in Paragraph 11.01) plu s a Contractor’s fee for overhea d and profit (determine d as provide d in Paragraph 12.01.C). C. Contractor’s Fee: The Contractor’s additiona l fee for overhea d and profit shall be determine d as follows: 1. a mutually acceptable fixe d fee ; or 2. if a fixe d fee is not agreed upon, the n a fee based on the followin g percentages of the various portions of the Cos t of the Work: a. for costs incurre d unde r Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor’s additiona l fee shall be 15 percent except for: 1) renta l fees for Contractor’s ow n equipment usin g standard renta l rates; 2) bonds and insurance; b. for costs incurre d unde r Paragraph 11.01.A.4 a nd 11.01.A.5, the Contractor’s fe e shall be fiv e percent (5%); 1) where one or mor e tier s of subcontracts are on the basis of Cos t of the Wor k plu s a fee and no fixe d fe e is agreed upon, the inten t of Paragraphs 12.01.C.2.a and 12.01.C.2.b is tha t the Subcontractor who actually perfor ms the Work, a t whatever CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 47 of 63 tier , will be paid a fe e of 15 percent of the costs incurre d by suc h Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and tha t any highe r tie r Subcontractor and Contractor will each be paid a fee of fiv e percent (5%) of the amount paid to the next lowe r tie r Subcontractor, howeve r in no case shall the cumulativ e tota l of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs ite mize d unde r Paragraphs 11.01.A.6, and 11.01.B; d. the a mount of credit to be allowe d by Contractor to Cit y for any change whic h result s in a ne t decrease in cos t will be the amount of the actual ne t decrease in cos t plu s a deduction in Contractor’s fee by an amount equa l to fiv e percent (5%) of suc h net decrease. 12.02 Change o f Contrac t Time A. The Contrac t Time ma y only be change d by a Change Order. B. No extension of the Contrac t Time will be allowed for Extra Wor k or for claimed dela y unless the Extra Work conte mplate d or claimed dela y is show n to be on the critica l path of the Project Schedule or Contractor can show by Critica l Path Method analysis how the Extra Wor k or claime d dela y adversely affects the critica l path. 12.03 Delays A. Wher e Contractor is reasonably delaye d in the perfor manc e or complet ion of any part of the Work within the Contrac t Time due to dela y beyond the control of Contrac tor , the Contrac t Time may be extende d in an amount equa l to the time lost due to suc h dela y if a Contrac t Claim is made therefor . Delays beyond the control of Contractor shall include , but not be limite d to, acts or neglec t by City , acts or neglec t of utilit y owners or othe r contractors perfor min g othe r wor k as conte mplate d by Article 7, fires, floods , epide mics, abnor mal weather conditions , or acts of God. Suc h an adjustment shall be Contractor’s sole and exclusiv e remedy for the delays describe d in this Paragraph. B. If Contractor is delayed, Cit y shall not be liable to Contractor for any claims, costs , losses, or da mage s (includin g but not limite d to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all cour t or arbitratio n or othe r dispute resolutio n costs ) sustaine d by Contractor on or in connection wit h any othe r projec t or anticipated project. C. Contractor shall not be entitle d to an adjustment in Contrac t Pric e or Contrac t Time for delays within the control of Contractor . Delays attributable to and within the control of a Subcontractor or Supplie r shall be dee me d to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrance s to the Work, except when direc t and unavoidable extr a cos t to the Contractor is caused by the failur e of the Cit y to provide infor matio n or material, if any, whic h is to be furnishe d by the City. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 48 of 63 ARTICLE 1 3 – TESTS AND INSPECTIONS; CORRECTION, REMOVA L OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notic e of all defective Wor k of whic h Cit y ha s actual knowledge will be give n to Contractor. Defective Wor k may be rejected, corrected, or accepted as provide d in this Article 13. 13.02 Access to Work City , independent testing laboratories , and governmenta l agencies wit h jurisdictiona l interests will have access to the Sit e and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide the m prope r and safe conditions for suc h access and advis e the m of Contractor’s safety procedure s and progra ms so tha t the y may comply therewith a s applicable. 13.03 Tests and Inspections A. Contractor shall giv e Cit y timely notic e of readines s of the Work for all require d inspections, tests, or approvals and shall cooperate wit h inspection and testing personne l to facilitat e required inspections or tests. B. If Contrac t Documents , Law s or Regulations of any public body having jurisdictio n requir e any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibilit y for arranging and obtaining suc h independent inspections , tests, retests or approvals , pa y all costs in connection therewith, and furnis h Cit y the require d certificates of inspection or approval; excepting, however , thos e fees specifically identifie d in the Supple mentary Condition s or any Texa s Department of Licensur e and Regulatio n (TDLR) inspections , whic h shall be paid as describe d in the Supple mentary Conditions. C. Contractor shall be responsible for arranging a nd obtaining and shall pa y all costs in connection wit h any inspections , tests , re-tests, or approvals require d for City’s acceptance of materials or equipment to be incorporate d in the Work; or acceptance of materials, mix designs , or equipment submitte d for approva l prio r to Contractor’s purchase thereof for incorporation in the Work. Suc h inspections , tests, re -tests, or approvals shall be perfor me d by organizations acceptable to City. D. Cit y may arrange for the services of a n ind ependent testing laborator y (“Testing Lab”) to perfor m any inspections or tests (“Testing”) for any part of the Work, as determine d solely by City. 1. Cit y will coordinate suc h Testing to the extent possible , wit h Contractor; 2. Should any Testing unde r this Section 13.03 D result in a “fail”, “did not pass ” or other simila r negative result , the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of Cit y initiate d Testing shall be dee med a negative result and requir e a retest. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 49 of 63 3. Any amounts owe d for any retest unde r this Section 13.03 D shall be paid directly to the Testing La b by Contractor . Cit y will forward all invoice s for retests to Contractor. 4. If Contractor fails to pa y the Testing Lab, Cit y will not issue Fina l Payment until the Testing La b is paid. E. If any Work (or the work of others ) tha t is to be inspected, tested, or approve d is covere d by Contractor without writte n concurrenc e of City , Contractor shall, if requeste d by City , uncover suc h Work for observation. F. Uncovering Wor k as provide d in Paragraph 13.03.E shall be a t Contractor’s expense. G. Contractor shall have the righ t to make a Contract Claim regarding any retest or invoic e issued unde r Section 13.03 D. 13.04 Uncovering Work A. If any Wor k is covere d contrar y to the Contrac t Documents or specific instructions by the City , it must, if requeste d by City , be uncovere d for City’s observation and replaced at Contractor’s expense. B. If Cit y consider s it necessary or advisable tha t covere d Work be observe d by Cit y or inspecte d or teste d by others , Contractor , at City’s request, shall uncover, expose , or otherwis e make available for observation, inspection, or testing as Cit y may require , tha t portion of the Wor k in question, furnishing all necessary labor , material, and equipment. 1. If it is found tha t the uncovere d Wor k is defective, Contractor shall pa y all claims, costs, losses, and da mage s (includin g but not limite d to a ll fee s and charge s of engineers , architects, attorneys , and othe r professionals and all cour t or othe r dispute resolutio n costs ) arisin g out of or relatin g to suc h uncovering, exposure , observation, inspection, and testing, and of satisfactory replacement or reconstruction (includin g but not limite d to all costs of repair or replacement of wor k of others); or Cit y shall be entitle d to accept defective Work in accordance wit h Paragraph 13.08 in whic h case Contractor shall still be responsible for all cost s associated wit h exposing, observing, and testing the defective Work. 2. If the uncovere d Work is not found to be defective, Contractor shall be allowe d an increase in the Contrac t Pric e or an extension of the Contrac t Time, or both, directly attributable to suc h uncovering, exposure , observation, inspection, testing, replacement, and reconstruction. 13.05 City May Sto p th e Work If the Work is defective, or Contractor fails to supply sufficien t skille d worker s or suitable materials or equipment, or fails to per for m the Work in suc h a way tha t the complete d Wor k will confor m to the Contrac t Documents , Cit y ma y orde r Contrac tor to stop the Work, or any portion thereof, until th e cause for suc h orde r ha s bee n eliminated; howeve r, this righ t of Cit y to stop the Wor k shall not giv e ris e to any duty on the par t of Cit y to exercise this righ t for the benefit of Contractor , any CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 50 of 63 Subcontractor , any Supplier , any othe r individua l or entity, or any surety for , or employe e or agent of any of the m. 13.06 Correctio n o r Removal o f Defectiv e Work A. Promptly afte r receipt of writte n notice , Contrac tor shall correct all defective Work pursuant to an acceptable schedule , whethe r or not fabricated, installed , or completed, or , if the Work has bee n rejected by City , remove it from the Projec t and replace it wit h Wor k tha t is not de fective. Contractor shall pa y all claims, costs , additional testing, losses, and da mage s (includin g but not limite d to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all cour t or arbitratio n or othe r dispute resolutio n cos ts) arisin g out of or relatin g to suc h correction or remova l (includin g but not limite d to all costs of repair or replacement of wor k of others). Failur e to requir e the re mova l of any de fective Wor k shall not constitut e acceptance of such Work. B. Whe n correcting defective Wor k unde r the te rms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action tha t would void or otherwis e impair City’s special warranty and guarantee , if any, on said Work. 13.07 Correctio n Period A. If within two (2) years after the date of Fina l Acceptance (or such longe r perio d of time as may be prescribe d by the terms of any applicable special guarante e require d by the Contract Documents), any Wor k is found to be defective, or if the repair of any da mage s to the lan d or areas made available for Contractor’s us e by Cit y or per mitte d by Laws and Regulations as conte mplate d in Paragraph 6.10.A is found to be defective, Contractor shall promptly , without cos t to Cit y and in accordance wit h City’s written instructions: 1. repair suc h defective lan d or areas; or 2. correct suc h defective Work; or 3. if the defective Wor k ha s bee n rejected by City , remove it from the Projec t and replace it wit h Wor k tha t is not defective, and 4. satisfactorily correct or repair or remove and replace any da mage to othe r Work, to the work of other s or othe r lan d or areas resultin g therefrom. B. If Contractor doe s not promptly comply wit h the terms of City’s writte n instructions , or in an emergenc y wher e dela y would cause seriou s ris k of los s or da mage , Cit y may have the defective Wor k corrected or repaired or may have the rejected Wor k remove d and replaced. All claims, costs , losses, and da mage s (includin g but not limite d to all fees and charge s of engineers, architects, attorneys , and othe r professionals and all cour t or othe r dispute resolutio n costs) arisin g out of or relatin g to suc h correction or repair or suc h remova l and replacement (including but not limite d to all costs of repair or replacement of work of others ) will be paid by Contractor. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 51 of 63 C. In special circumstances where a particula r ite m of equipment is placed in continuous service befor e Fina l Acceptance of all the Work, the correction perio d for tha t ite m may start to run from an earlie r date if so provide d in the Contrac t Documents. D. Wher e defective Wor k (and da mage to othe r Work resultin g therefrom) ha s bee n corrected or remove d and replaced unde r this Paragraph 13.07, the correction perio d hereunde r wit h respect to suc h Work may be require d to be extende d for an additiona l perio d of one yea r afte r the end of the initia l correction period. Cit y shall provide 30 days written notic e to Contractor should such additiona l warranty coverage be required. Contractor may dispute this require ment by filin g a Contrac t Claim, pursuant to Paragraph 10.06. E. Contractor’s obligations unde r this Paragraph 13.07 are in additio n to any othe r obligatio n or warranty. The provisions of this Paragraph 13.07 shall not be construe d as a substitute for , or a waive r of, the provisions of any applicable statute of limitatio n or repose. 13.08 Acceptance o f Defectiv e Work If, instea d of requirin g correction or remova l and replacement of defective Work, Cit y prefers to accept it , Cit y may do so. Contractor shall pa y all claims, costs , losses, and da mage s (includin g but not limite d to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all court or othe r dispute resolutio n costs ) attributa ble to City’s evaluation of and determinatio n to accept suc h defective Wor k and for the diminishe d valu e of the Wor k to the extent not otherwise paid by Contractor . If any suc h acceptance occur s prio r to Fina l Acceptance, a Change Orde r will be issue d incorporating the necessary revision s in the Contrac t Documents wit h respect to the Work, and Cit y shall be entitle d to an appropriate decrease in the Contrac t Price , reflectin g the diminished value of Wor k so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time a fter writte n notic e from Cit y to correc t de fective Work, or to remove and replace rejected Wor k as require d by Cit y in accordance wit h Paragraph 13.06.A , or if Contractor fails to perfor m the Work in accordance wit h the Contrac t Documents, or if Contractor fails to comply wit h any othe r provision of the Contrac t Documents , Cit y may, afte r seve n (7) days written notic e to Contractor , correct, or remedy any suc h de ficiency. B. In exercising the rights and remedie s unde r this Paragraph 13.09, Cit y shall proceed expeditiously. In connection wit h suc h corrective or remedia l action, Cit y may exclude Contractor from all or par t of the Site , take possession of all or part of the Wor k and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporate d in the Work, store d at the Sit e or for whic h Cit y ha s paid Contractor but whic h are stored elsewhere. Contractor shall allo w City , City’s representatives, agents , consultants, e mployees , and City’s othe r contractors , access to the Sit e to enable Cit y to exercise the rights and remedie s unde r this Paragraph. C. All claims, costs , losses, and da mage s (includin g but not limite d to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all cour t or othe r dispute resolution CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 52 of 63 costs ) incurre d or sustaine d by Cit y in exercising the rights and remedie s unde r this Paragraph 13.09 will be charge d agains t Contractor, and a Change Orde r will be issued incorporating the necessary revision s in the Contrac t Documents wit h respect to the Work; and Cit y shall be entitle d to a n appropriate decrease in the Contrac t Price. D. Contractor shall not be allowe d an extension of the Contrac t Time because of any dela y in the perfor manc e of the Wor k attributable to the exercise of City’s rights and re medie s unde r this Paragraph 13.09. ARTICLE 1 4 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule o f Values The Schedule of Value s for lu mp sum contracts establishe d as provide d in Paragraph 2.07 will serve as the basis for progres s payments and will be inc orporate d int o a for m of Applicatio n for Payment acceptable to City . Progres s payments on account of Unit Pric e Wor k will be base d on the numbe r of units completed. 14.02 Progress Payments A. Applications fo r Payments: 1. Contractor is responsible for providing all infor matio n a s require d to become a vendor of the City. 2. At least 20 days befor e the date establishe d in the General Require ments for each progress payment, Contractor shall submit to Cit y for revie w an Applicatio n for Payment fille d out and signe d by Contractor covering the Work complete d as of the date of the Applicatio n and accompanie d by suc h supporting documentation as is require d by the Contrac t Documents. 3. If payment is requeste d on the basis of materials and equipment not incorporate d in the Work but delivere d and suitably store d a t the Sit e or a t anothe r locatio n agreed to in writing , the Applicatio n for Payment shall als o be accompanie d by a bill of sale , invoice , or other documentation warranting tha t Cit y ha s received the materials and equipment fre e and clear of all Lien s and evidenc e tha t the materials and equipment are covere d by appropriate insuranc e or othe r arrange ment s to protec t Cit y’s interest therein, all of whic h mus t be satisfactory to City. 4. Beginning wit h the second Applicatio n for P ayment, each Applicatio n shall includ e an affidavit of Contractor stating tha t previous progres s payments received on account of the Wor k have bee n applie d on account to dis c harge Contractor’s legitimate obligations associate d wit h prio r Application s for Payment. 5. The amount of retainage wit h respect to progress payments will be as described in subsection C. unless otherwise stipulated in the Contrac t Documents. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 53 of 63 B. Revie w o f Applications: 1. Cit y will, afte r receipt of each Applicatio n for Payment , eithe r indicat e in writin g a recommendation of payment or retur n the Application to Contractor indicatin g reasons for refusing payment. In the latte r case, Contractor may make the necessary corrections and resubmit the Application. 2. City’s processing of any payment requeste d in an Applicatio n for Payment will be base d on City’s observations of the executed Work, and on City’s revie w of the Applicatio n for Payment and the accompanying data and schedules , tha t to the bes t of City’s knowledge: a. the Work ha s progresse d to the point indicated; b. the qualit y of the Wor k is generally in accordanc e wit h the Contrac t Document s (subject to an evaluation of the Wor k as a functioning whole prio r to or upon Fina l Acceptance, the result s of any subsequent tests calle d for in the Contrac t Documents , a final determinatio n of quantitie s and classifications for Wor k perfor med unde r Paragraph 9.05, and any othe r qualification s state d in the recommendation). 3. Processing any suc h payment will not thereby be dee med to have represented that: a. inspections made to check the qualit y or the quantity of the Work as it ha s been perfor med have bee n exhaustive , extende d to every aspect of the Work in progress , or involve d detaile d inspections of the Wor k beyond the responsibilitie s specifically assigne d to Cit y in the Contrac t Documents ; or b. there may not be othe r matters or issues between the partie s tha t migh t entitle Contractor to be paid additionally by Cit y or entitle Cit y to withhold payment to Contractor; or c. Contractor ha s complie d wit h Laws and Regulations applicable to Contractor’s performanc e of the Work. 4. Cit y may refuse to proces s the whole or any par t of any payment because of subsequently discovere d evidenc e or the result s of subsequent inspections or tests, and revis e or revoke any suc h payment previously made , to suc h extent as may be necessary to protec t Cit y from los s because: a. the Wor k is de fective or complete d Wor k ha s bee n da mage d by the Contractor or subcontractors requirin g correction or replacement; b. discrepancies in quantitie s containe d in previous application s for payment; c. the Contrac t Pric e ha s bee n reduce d by Change Orders; d. Cit y ha s bee n require d to cor rect de fective Wor k or complet e Wor k in accordance with Paragraph 13.09; or CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 54 of 63 e. Cit y ha s actual knowledge of the occurrenc e of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts les s tha n $400,000 at the time of execution, retainage shall be te n percent (10%). 2. For contracts greater tha n $400,000 at the time of execution, retainage shall be fiv e percent (5%). D. Liquidated Damages. For each calendar da y tha t any wor k shall remain uncomplete d after the time specifie d in the Contrac t Documents , the sum pe r da y specifie d in the Agree ment will be assessed against the monie s due the Contractor , not a s a penalty, but as da mages suffered by the City. E. Payment: Contractor will be paid pursuant to the require ments of this Article 14 and payment will become due in accordance wit h the Contrac t Documents. F. Reductio n in Payment: 1. Cit y may refuse to make payment of the amount requeste d because: a. Lien s have bee n file d in connection wit h the Work, except wher e Contractor has delivere d a specific bond satisfactory to Cit y to secure the satisfaction and discharge of suc h Liens; b. ther e are othe r ite ms entitlin g Cit y to a set-off agains t the a mount recommended; or c. Cit y ha s actual knowledge of the occurrenc e of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If Cit y refuses to make payment of the amount requested, Cit y will giv e Contractor written notic e stating the reasons for suc h action and pa y Contractor any amount remainin g after deduction of the amount so withheld . Cit y shall pa y Contractor the amount so withheld , or any adjustment thereto agreed to by Cit y and Contractor, whe n Contractor remedie s the reasons for suc h action. 14.03 Contractor’s Warranty of Title Contractor warrants and guarantee s tha t title to all Work, materials, and equipment covere d by any Applicatio n for Payment, whethe r incorporate d in the Projec t or not, will pas s to Cit y no late r than the time of payment free and clear of all Liens. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 55 of 63 14.04 Partia l Utilization A. Prio r to Fina l Acceptance of all the Work, Cit y ma y us e or occupy any part of the Wor k whic h ha s specifically bee n identifie d in the Contrac t Documents , or which City determine s constitute s a separately functioning and usable part of the Work tha t can be use d for it s intende d purpos e without significan t interferenc e wit h Contractor’s performanc e of the re mainde r of the Work. Cit y a t any time ma y notify Contractor in writin g to permit Cit y to us e or occupy any suc h par t of the Wor k whic h Cit y determine s to be ready for its intende d use , subjec t to the followin g conditions: 1. Contractor at any time ma y notify Cit y in writin g tha t Contractor consider s any suc h par t of the Work ready for it s intende d use. 2. Within a reasonable time after notificatio n as enumerated in Paragraph 14.05.A.1, Cit y and Contractor shall make an inspectio n of tha t part of the Wor k to determin e it s status of completion . If Cit y doe s not conside r tha t par t of the Work to be substantially complete , City will notify Contractor in writin g givin g the reasons there for. 3. Partia l Utilizatio n will not constitute Fina l Acceptance by City. 14.05 Fina l Inspection A. Upon writte n notic e from Contractor tha t the entir e Wor k is Substantially Complet e in accordance wit h the Contract Documents: 1. Within 10 days , Cit y will schedule a Fina l Inspection wit h Contractor. 2. Cit y will notify Contractor in writin g of all particulars in whic h this inspectio n reveals that the Wor k is inco mplet e or de fective (“Punch List Items”). Contractor shall immediately take suc h measures a s are necessary to complet e suc h Wor k or remedy suc h deficiencies. B. No time charge will be made agains t the Contractor between said dat e of notificatio n to the City of Substantial Completion and the date of Fina l Inspection. 1. Should the Cit y determin e tha t the Work is not ready for Final Inspection, Cit y will notify the Contractor in writin g of the reasons and Contrac t Time will resu me. 2. Should the City concur that Substantial Completion has been achieved with the exception of any Punch List Items, Contract Time will resume for the duration it takes for Contractor to achieve Final Acceptance. 14.06 Fina l Acceptance Upon completio n by Contractor to City’s satisfaction, of any additiona l Work identifie d in the Final Inspection, Cit y will issue to Contractor a lette r of Fina l Acceptance. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 56 of 63 14.07 Fina l Payment A. Applicatio n for Payment: 1. Upon Fina l Acceptance, and in the opinion of City , Contractor ma y make an applicatio n for fina l payment followin g the procedur e for progres s payments in accordance wit h the Contrac t Documents. 2. The fina l Applicatio n for Payment shall be accompanie d (except as previously delivered) by: a. all documentation calle d for in the Contrac t Documents , includin g but not limite d to the evidenc e of insuranc e require d by Paragraph 5.03; b. consent of the surety, if any, to fina l payment; c . a lis t of all pending or released Damage Claims agains t Cit y tha t Contractor believe s are unsettled; and d. affidavit s of payments and complet e and legally e ffective releases or waivers (satisfactory to City ) of all Lie n rights aris ing out of or Lien s file d in connection wit h the Work. B. Payment Becomes Due: 1. Afte r City’s acceptance of the Applicatio n for Payment and accompanying documentation, requeste d by Contractor, les s previous payments made and any sum Cit y is entitled, includin g but not limite d to liquidate d da mages, will become due and payable. 2. Afte r all Damage Claims have bee n resolved: a. directly by the Contractor or; b. Contractor provide s evidenc e tha t the Damage Claim ha s bee n reporte d to Contractor’s insuranc e provide r for resolution. 3. The makin g of the fina l payment by the Cit y shall not reliev e the Contractor of any guarantee s or othe r require ments of the Contract Documents whic h specifically continue thereafter. 14.08 Fina l Completio n Delaye d and Partia l Retainag e Release A. If fina l completio n of the Wor k is significantly delayed, and if Cit y so confir ms, Cit y may, upon receipt of Contractor’s fina l Applicatio n for Payment, and without terminatin g the Contract, make payment of the balanc e due for tha t portion of the Wor k fully complete d and accepted. If the remainin g balanc e to be held by Cit y for Work not fully complete d or corrected is les s than the retainage stipulate d in Paragraph 14.02.C , and if bonds have bee n furnishe d as require d in Paragraph 5.02, the written consent of the surety to the payment of the balanc e due for that CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 57 of 63 portion of the Work fully complete d and accepted shall be submitte d by Contractor to Cit y with the Applicatio n for suc h payment. Suc h payment shall be made unde r the terms and conditions governing fina l payment, except tha t it shall not constitute a waive r of Contrac t Claims. B. Partia l Retainag e Release. For a Contrac t tha t provide s for a separate vegetative establish ment and maintenance, and test and perfor manc e periods followin g the completio n of all other construction in the Contrac t Documents for all Work locations , the Cit y may release a portion of the amount retained provide d tha t all othe r wor k is complete d as determine d by the City . Before the release, all submittals and fina l quantitie s mus t be complete d and accepted for all othe r work. An amount sufficien t to ensure Contrac t complianc e will be retained. 14.09 Waive r of Claims The acceptance of fina l payment will constitute a re lease of the Cit y from all claims or liabilities unde r the Contrac t for anything done or furnished or relatin g to the wor k unde r the Contract Documents or any act or neglec t of Cit y related to or connecte d wit h the Contract. ARTICLE 15 – SUSPENSIO N OF WOR K AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, Cit y may suspend the Wor k or any portion thereof by written notic e to Contractor and whic h may fix the date on whic h Wor k will be resumed. Contractor shall resume the Wor k on the date so fixed . Durin g te mporar y suspension of the Work covered by thes e Contrac t Documents , for any reason, the Cit y will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complet e a portion of the Projec t due to causes beyond the control of and without the fault or negligenc e of the Contractor, and should it be determine d by mutua l consent of the Contractor and Cit y tha t a solutio n to allo w construction to procee d is not available within a reasonable perio d of time , Contractor may reques t a n extension in Contract Time, directly attributable to any suc h suspension. C. If it should become necessary to suspend the Wor k for a n indefinit e period, the Contractor shall store all materials in suc h a manne r tha t the y will not obstruc t or impede the public unnecessarily nor become da mage d in any way, and he shall take every precaution to prevent da mage or deterioration of the work perfor med; he shall provide suitable drainage about the work, and erect te mporar y structure s where necessary. D. Contractor may be reimburse d for the cos t of moving his equipment off the jo b and returning the necessary equipment to the jo b whe n it is determine d by the Cit y tha t construction may be resumed. Suc h reimburse ment shall be base d on actual cos t to the Contractor of moving the equipment and no profit will be allowed . Reimburse ment may not be allowe d if the equipment is move d to anothe r construction projec t for the City. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 58 of 63 15.02 City May Terminate for Cause A. The occurrenc e of any one or mor e of the followin g events by way of exa mple , but not of limitation , may justif y terminatio n for cause: 1. Contractor’s persistent failur e to perfor m the Wor k in accordance wit h the Contract Documents (including, but not limite d to, failure to supply sufficien t skille d worker s or suitable materials or equipment, failur e to adher e to the Projec t Schedule establishe d under Paragraph 2.07 as adjuste d from time to time pursuant to Paragraph 6.04, or failur e to adhere to the City’s Business Diversity Enterprise Ordinance #20020-12-2011establishe d unde r Paragraph 6.06.D); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of City ; or 4. Contractor’s violatio n in any substantia l way of any provisions of the Contrac t Documents; or 5. Contractor’s failur e to promptly make good any defect in materials or workmanship, or defects of any nature , the correction of whic h ha s bee n directed in writin g by the City ; or 6. Substantia l indicatio n tha t the Contractor ha s made an unauthorize d assignment of the Contrac t or any funds due therefrom for the benefit of any creditor or for any othe r purpose; or 7. Substantia l evidenc e tha t the Contractor ha s become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily ; or 8. Contractor commences lega l action in a cour t of competent jurisdictio n agains t the City. B. If one or more of the events identifie d in Paragraph 15.02A . occur, Cit y will provide written notic e to Contractor and Surety to arrange a conferenc e wit h Contractor and Surety to address Contractor 's failur e to perform the Work. Conferenc e shall be held not late r tha n 15 days , after receipt of notice. 1. If the City , the Contractor, and the Surety do not agre e to allo w the Contractor to procee d to per for m the construction Contract, the Cit y may, to the extent per mitte d by Law s and Regulations , declare a Contractor default and formally terminat e the Contractor 's righ t to complet e the Contract. Contractor default shall not be declared earlie r tha n 20 days after the Contractor and Suret y have received notic e of conferenc e to addres s Contractor's failur e to perfor m the Work. 2. If Contractor's services are terminated, Suret y shall be obligate d to take ove r and perfor m the Work. If Surety doe s not commenc e performanc e thereof within 15 consecutive calendar days afte r date of an additiona l writte n notic e de manding Surety's perfor manc e of its CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 59 of 63 obligations , the n City , without proces s or actio n at law , may take ove r any portion of the Work and complet e it as describe d below. a. If Cit y complete s the Work, Cit y may exclude Contractor and Surety from the sit e and take possession of the Work, and all materials and equipment incorporate d int o the Work store d at the Sit e or for whic h Cit y ha s paid Contractor or Surety but whic h are stored elsewhere, and finis h the Wor k as Cit y may dee m expedient. 3. Whethe r Cit y or Surety complete s the Work, Contractor shall not be entitle d to receive any furthe r payment until the Wor k is finished . If the unpaid balanc e of the Contrac t Price exceeds all claims, costs , losses and da mage s sustaine d by Cit y arisin g out of or resulting from completin g the Work, suc h excess will be pa id to Contractor . If suc h claims, costs, losses and da mage s exceed suc h unpaid balance, Contractor shall pa y the differenc e to City. Suc h claims , costs , losses and da mage s incurre d by Cit y will be incorporate d in a Change Order , provide d tha t whe n exercising any rights or remedie s unde r this Paragraph, Cit y shall no t be require d to obtain the lowes t pric e for the Work perfor med. 4. Neithe r City , nor any of it s respective consultants , agents , officers, director s or employees shall be in any way liable or accountable to Contractor or Surety for the method by whic h the completio n of the said Work, or any portion thereof, ma y be accomplishe d or for the price paid therefor. 5. City , notwithstanding the method use d in completin g the Contract, shall not forfeit the right to recove r da mage s from Contractor or Surety for Contractor's failur e to timely complet e the entir e Contract . Contractor shall not be entitle d to any claim on account of the method used by Cit y in completin g the Contract. 6. Maintenanc e of the Wor k shall continue to be Contractor 's and Surety's responsibilitie s as provide d for in the bond require ment s of the Contrac t Documents or any special guarantees provide d for unde r the Contrac t Documents or any othe r obligations otherwis e prescribe d by law. C. Notwithstanding Paragraphs 15.02.B, Contractor’s service s will not be terminate d if Contractor begins within seve n days of receipt of notic e of inten t to terminat e to correct it s failur e to perform and proceeds diligently to cur e suc h failur e within no mor e tha n 30 days of receipt of said notice. D. Wher e Contractor’s services have bee n so terminate d by City , the terminatio n will not affect any rights or remedie s of Cit y agains t Contractor then existin g or whic h may thereafter accrue. Any retention or payment of moneys due Contractor by Cit y will not release Contractor from liability. E. If and to the extent tha t Contractor ha s provide d a perfor manc e bond unde r the provisions of Paragraph 5.02, the terminatio n procedure s of tha t bond shall not supersede the provisions of this Article. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 60 of 63 15.03 City May Terminate Fo r Convenience A. Cit y may, without cause and without prejudic e to any othe r righ t or remedy of City , terminat e the Contract. Any terminatio n shall be effected by mailin g a notic e of the terminatio n to the Contractor specifyin g the extent to whic h perfor manc e of Wor k unde r the contrac t is terminated, and the date upon whic h suc h terminatio n become s effective. Receipt of the notic e shall be dee med conclusively presumed and establishe d whe n the lette r is placed in the Unite d States Posta l Servic e Mail by the City . Further, it shall be dee me d conclusively presumed and establishe d tha t suc h terminatio n is made wit h jus t cause as therein stated; and no proof in any claim, de mand or suit shall be require d of the Cit y regarding suc h discretionar y action. B. After receipt of a notic e of te rmination , and except as otherwis e directed by the City , the Contractor shall: 1. Stop wor k unde r the Contrac t on the date and to the extent specifie d in the notic e of termination; 2. plac e no furthe r order s or subcontracts for materials , services or facilitie s except as may be necessary for completio n of suc h portion of the Work unde r the Contrac t a s is not terminated; 3. terminat e all order s and subcontracts to the extent tha t the y relate to the per formanc e of the Wor k terminate d by notic e of termination; 4. transfer title to the Cit y and delive r in the manner , at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricate d parts , Wor k in progress , complete d Work, supplie s and othe r material produce d a s a part of , or acquire d in connection wit h the performanc e of, the Work terminate d by the notic e of the termination ; and b. the completed, or partially complete d plans , drawings , infor matio n and othe r property which , if the Contrac t ha d bee n completed, would have bee n require d to be furnishe d to the City. 5. complet e performanc e of suc h Work as shall not have bee n terminate d by the notic e of termination ; and 6. take suc h action as may be necessary, or as the Cit y may direct, for the protection and preservation of the property related to it s contrac t whic h is in the possession of the Contractor and in whic h the owne r ha s or may acquir e the rest. C. At a time not late r tha n 30 days after the terminatio n date specifie d in the notic e of termination, the Contractor may submit to the Cit y a list , certifie d as to quantity and quality , of any or all ite ms of terminatio n inventor y not previously dispose d of, exclusiv e of ite ms the dispositio n of whic h ha s bee n directed or authorize d by City. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 61 of 63 D. Not late r tha n 15 days thereafter, the Cit y shall accept title to suc h ite ms provided, tha t the list submitted shall be subjec t to verificatio n by the Cit y upon remova l of the ite ms or, if the ite ms are stored, within 45 days from the date of submissio n of the list , and any necessary adjustments t o correct the lis t as submitted, shall be made prio r to fina l settle ment. E. Not late r tha n 60 days afte r the notic e of termination , the Contractor shall submit his termination claim to the Cit y in the form and wit h the certificatio n prescribe d by the City . Unles s an extensio n is made in writin g within suc h 60 da y perio d by the Contractor, and grante d by the City, any and all suc h claims shall be conclusively dee med waived. F. In suc h case, Contractor shall be paid for (without duplicatio n of any ite ms): 1. complete d and acceptable Wor k executed in accordanc e wit h the Contrac t Documents prior to the effective date of termination , includin g fair and reasonable sums for overhea d and profit on suc h Work; 2. expense s sustaine d prio r to the effective date of terminatio n in perfor min g services and furnishing labor , materials, or equipment a s require d by the Contrac t Documents in connection wit h uncomplete d Work, plu s fair and reasonable sums for overhea d and profit on suc h expenses; and 3. reasonable expense s directly attributable to termination. G. In the event of the failur e of the Contractor and Cit y to agre e upon the whole amount to be paid to the Contractor by reason of the terminatio n of the Work, the Cit y shall determine , on the basis of infor matio n available to it , the amount, if any, due to the Contractor by reason of the terminatio n and shall pa y to the Contractor the amounts determined . Contractor shall not be paid on account of los s of anticipated profits or revenue or othe r economic los s arisin g out of or resultin g from suc h termination. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Eithe r Cit y or Contractor ma y reques t mediation of any Contrac t Claim submitted for a decision unde r Paragraph 10.06 before suc h decisio n becomes fina l and binding. The reques t for mediatio n shall be submitted to the othe r party to the Contract. Timely submissio n of the request shall stay the effect of Paragraph 10.06.E. B. Cit y and Contractor shall participat e in the mediatio n proces s in good faith . The proces s shall be commenced within 60 days of filin g of the request. C. If the Contrac t Claim is not resolve d by mediation , City’s action unde r Paragraph 10.06.C or a denia l pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become fina l and binding 30 days after terminatio n of the mediatio n unless , within tha t time period, Cit y or Contractor: CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 62 of 63 1. elects in writin g to invoke any othe r dispute resolutio n proces s provide d for in the Supple mentary Conditions ; or 2. agrees wit h the othe r party to submit the Contrac t Claim to anothe r dispute resolution process ; or 3. give s writte n notic e to the othe r party of the inten t to submit the Contrac t Claim to a court of competent jurisdiction. ARTICLE 1 7 – MISCELLANEOUS 17.01 Givin g Notice A. Wheneve r any provision of the Contrac t Documents require s the givin g of written notice , it will be dee med to have bee n validly give n if: 1. delivere d in person to the individua l or to a membe r of the fir m or to an office r of the corporation for whom it is intended; or 2. delivere d at or sent by registered or certified mail, postage prepaid, to the las t business addres s know n to the give r of the notice. B. Busines s addres s change s mus t be promptly made in writin g to the othe r party. C. Wheneve r the Contrac t Documents specifie s givin g notic e by electronic means suc h electronic notic e shall be dee me d sufficien t upon confirmatio n of receipt by the receiving party. 17.02 Computation of Times Whe n any perio d of time is re ferred to in the Contrac t Documents by days , it will be compute d to exclude the first and includ e the las t da y of suc h period. If the las t da y of any suc h perio d falls on a Saturda y or Sunda y or on a da y made a lega l holida y the next Working Day shall become the last da y of the period. 17.03 Cumulative Remedies The dutie s and obligations impose d by thes e General Conditions and the rights and remedies available hereunde r to the partie s hereto are in additio n to, and are not to be construe d in any way as a limitatio n of, any rights and remedie s available to any or all of the m whic h are otherwis e imposed or available by Laws or Regulations , by special warranty or guarantee , or by othe r provisions of the Contrac t Documents . The provisions of this Paragraph will be as effective as if repeated specifically in the Contrac t Documents in connection wit h each particula r duty, obligation, right, and remedy to whic h the y apply. CIT Y OF FOR T WORTH STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS Revision: 8/23/2021 00 72 00 - 1 GENERAL CONDITION S Page 63 of 63 17.04 Survival o f Obligations All representations , inde mnifications , warranties, and guarantee s made in , require d by, or give n in accordance wit h the Contrac t Documents , as well as all continuing obligations indicate d in the Contrac t Documents , will survive fina l payment, completion , and acceptance of the Wor k or terminatio n or completio n of the Contrac t or terminatio n of the services of Contractor. 17.05 Headings Article and paragraph headings are inserte d for convenienc e only and do not constitute parts of these General Conditions. 00 73 00 SUPPLEMENTARY CONDITIONS Page 1 of 6 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised March 9, 2020 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS [Text in Blue is for information or guidance. Remove all blue text in the final project document.] Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, “Resolving Discrepancies” Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., “Availability of Lands” The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of December 27, 2021: Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL NUMBER OWNER TARGET DATE OF POSSESSION NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, “Availability of Lands” 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 6 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised March 9, 2020 Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of December 27, 2021 EXPECTED OWNER UTILITY AND LOCATION TARGET DATE OF ADJUSTMENT NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., “Subsurface and Physical Conditions” The following are reports of explorations and tests of subsurface conditions at the site of the Work: A Geotechnical Investigation Report No.20-DG5216, dated Aug 2020, prepared by Geoscience Engineers, LLC, a sub-consultant of 707 AVENUE, LLC, the Developer/Owner, providing additional information on evaluation of soil swell potential and alternatives to reduce the soil movement, providing recommendations for foundation design parameters for residential use, provide recommendations for pavement; and provide site preparation recommendations. The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: ILLUSTRATIONS IN GEOSCIENCE ENGEERS REPORT Boring Location Plan Boring Log B-1 through B-13 SC-4.06A., “Hazardous Environmental Conditions at Site” The following are reports and drawings of existing hazardous environmental conditions known to the City: NONE SC-5.03A., “Certificates of Insurance” The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: Thomas Hoover Engineering, LLC (3) Other: 707 AVENUE, LLC [Obtain approval for the limits shown for SC 5.04A thru 5.04D. from City before finalizing Contract Documents] SC-5.04A., “Contractor’s Insurance” The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 6 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised March 9, 2020 Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit SC-5.04B., “Contractor’s Insurance” 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 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. SC 5.04C., “Contractor’s Insurance” 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., “Contractor’s Insurance” The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks : NONE 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. 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: (1) General Aggregate: $Confirm Limits with Railroad 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 6 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised March 9, 2020 (2) Each Occurrence: $Confirm Limits with Railroad Required for this Contract X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: 1. 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. 2. 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-way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. 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. 4. 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. 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. 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. SC-6.04., “Project Schedule” Project schedule shall be tier 2 for the project. SC-6.07., “Wage Rates” The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: <List the prevailing wage rate table(s) applicable to the type of construction being provided in this contract> A copy of the table is also available by accessing the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ You can access the file by following the directory path: 02-Construction Documents/Specifications/Div00 – General Conditions SC-6.09., “Permits and Utilities” 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 6 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised March 9, 2020 SC-6.09A., “Contractor obtained permits and licenses” The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: <If none then write “None”. 1. SWPPP 2. ROW SC-6.09B. “City obtained permits and licenses” The following are known permits and/or licenses required by the Contract to be acquired by the City: 3. NONE SC-6.09C. “Outstanding permits and licenses” The following is a list of known outstanding permits and/or licenses to be acquired, if any as of December 27, 2021: Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION NONE SC-7.02., “Coordination” The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authority NONE SC-8.01, “Communications to Contractor” NONE SC-9.01., “City’s Project Manager” The City’s Project Manager for this Contract is <Insert Name>, or his/her successor pursuant to written notification from the Director of <Insert Managing Department>. SC-13.03C., “Tests and Inspections” NONE 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 6 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103231 Revised March 9, 2020 SC-16.01C.1, “Methods and Procedures” NONE END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1/22/2016 F. Griffin SC-9.01., “City’s Project Representative” wording changed to City’s Project Manager. 3/9/2020 D.V. Magaña SC-6.07, Updated the link such that files can be accessed via the City’s website. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 103231 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 103231 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH BLUE LAGOON DREAM ADDN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 103231 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 16 - 1 DAP CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 SECTION 01 32 16 CONSTRUCTION PROGRESS SCHEDULE PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General requirements for the preparation, submittal, updating, status reporting and management of the Construction Progress Schedule 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance Document 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 A. Definitions 1. Schedule Tiers a. Tier 1 - No schedule submittal required by contract. Small, brief duration projects b. Tier 2 - No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3 - Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program projects d. Tier 4 - Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e. Tier 5 - Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water or wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. 01 32 16 - 2 DAP CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 4. Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc B. Reference Standards 1. City of Fort Worth Schedule Guidance Document 1.4 ADMINISTRATIVE REQUIREMENTS A. Baseline Schedule 1. General a. Prepare a cost-loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost-loaded baseline Schedule with the City to demonstrate understanding of the work to be performed and known issues and constraints related to the schedule. c. Designate an authorized representative (Project Scheduler) responsible for developing and updating the schedule and preparing reports. B. Progress Schedule 1. Update the progress Schedule monthly as required in the City of Fort Worth Schedule Guidance Document. 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 3. Change Orders a. Incorporate approved change orders, resulting in a change of contract time, in the baseline Schedule in accordance with City of Fort Worth Schedule Guidance Document. C. Responsibility for Schedule Compliance 1. Whenever it becomes apparent from the current progress Schedule and CPM Status Report that delays to the critical path have resulted and the Contract completion date will not be met, or when so directed by the City, make some or all of the following actions at no additional cost to the City a. Submit a Recovery Plan to the City for approval revised baseline Schedule outlining: 1) A written statement of the steps intended to take to remove or arrest the delay to the critical path in the approved schedule 2) Increase construction manpower in such quantities and crafts as will substantially eliminate the backlog of work and return current Schedule to meet projected baseline completion dates 3) Increase the number of working hours per shift, shifts per day, working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate the backlog of work 4) Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule 2. If no written statement of the steps intended to take is submitted when so requested by the City, the City may direct the Contractor to increase the level of effort in manpower (trades), equipment and work schedule (overtime, weekend and holiday work, etc.) to be employed by the Contractor in order to remove or arrest the delay to the critical path in the approved schedule. a. No additional cost for such work will be considered. 01 32 16 - 3 DAP CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a. Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. 01 32 16 - 4 DAP CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 c. Acknowledge and agree that actual delays, affecting paths of activities containing float time, will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. E. Coordinating Schedule with Other Contract Schedules 1. Where work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts from the City for the preparation and updating of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire Project. a. In such cases, the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for claims for additional compensation. 1.5 SUBMITTALS A. Baseline Schedule 1. Submit Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. a. Native file format includes: 1) Primavera (P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and bring in hard copy to the meeting for review and discussion. B. Progress Schedule 1. Submit progress Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit progress Schedule monthly no later than the last day of the month. C. Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process 1. The City administers and manages schedules through Buzzsaw. 2. Contractor shall submit documents as required in the City of Fort Worth Schedule Guidance Document. 3. Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules are required. 01 32 16 - 5 DAP CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 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. The person preparing and revising the construction Progress Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 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 the City’s document management system, or another form of distribution approved by the City. 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 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 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 58 13 - 1 DAP TEMPORARY PROJECT SIGNAGE Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 58 13 TEMPORARY PROJECT SIGNAGE PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Temporary Project Signage Requirements 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, STORAGE, AND HANDLING [NOT USED] 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 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City’s Standard Details for project signs. 01 58 13 - 2 DAP TEMPORARY PROJECT SIGNAGE Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 B. Materials 1. Sign a. Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 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 INSTALLATION A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 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 A. General 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 58 13 - 3 DAP TEMPORARY PROJECT SIGNAGE Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M. Domenech Revised for DAP application 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 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 list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. 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. B. 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. C. 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. D. 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 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 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 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] 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